[Adopted 6-12-1979; amended in its entirety 12-30-2002 by L.L. No.
9-2002]
This article shall be known as and cited as
the "Animal Control Article" of the Town of Williamson, New York.
The purpose of this article shall be to preserve
the public peace and good order in the Town and to contribute to the
public welfare, safety and good order of its people by establishing
certain regulations and restriction on the activities of dogs that
are consistent with the rights and privileges of other residents of
the Town of Williamson.
As used in this article, the following terms
shall have the meanings indicated:
The person appointed by the Williamson Town Board in accordance
with Article 7 of the Agriculture and Markets Law. The term "Dog Control
Officer" as used in §§ 108 and 114 of the Agriculture
and Markets Law is to be replaced by the term "Animal Control Officer."
The head of the household wherein a dog is harbored or kept
within the limits of the Town of Williamson whether such dog is in
all other respects treated as the property of a child or another adult
person residing with said head of household or otherwise.
A dog shall be deemed to be at large if not under the control
of the owner or his agent and elsewhere than on the premises of the
owner or on the premises of another who has knowledge of the dog's
presence thereon and assents thereto.
A.
No dog shall be permitted to run at large within the
Town of Williamson, New York.
B.
No dog shall be permitted upon the public streets
or upon any public property or within public buildings within the
Town of Williamson unless it shall be accompanied by an adult or by
a minor who is able to restrain and control said dog unless such person
accompanying said dog shall actually control and restrain said dog
by some suitable device designed and used for that purpose.
No person being the owner or agent of the owner
of any dog shall permit such dog to commit any such nuisance within
the Town of Williamson or cause damage to the personal property of
others. The following are declared public nuisances and are set forth
herein for explanatory purposes only and are not to be considered
as excluding other types of nuisances:
A.
Engaging in loud howling or habitual barking or so
conducting itself in such a manner so as to disturb the public peace.
B.
Chasing and/or barking at moving vehicles or persons
on foot.
C.
Jumping upon any person or knocking any person over.
D.
Being found upon the school grounds of any school
within the Town of Williamson during the time of year when said schools
are open and from one hour prior to commencement of the school day
to one hour after the end of the school day, or upon a playground
within said Town of Williamson at any hour during the time of year
when playground activities are conducted.
E.
Running together in a pack or in any way forming a
pack of dogs. For the purpose of this article, the word "pack" is
hereby defined to mean three or more dogs.
F.
Causing damage to property of others.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
A.
Complaints regarding dogs who do damage, etc. Any
person who observes a dog running at large, causing damage or destruction
to property of a person other than its owner or committing a nuisance
as defined in this article or other violation of this article may
file a signed complaint, under oath, with the Justice Court of the
Town of Williamson specifying the objectionable conduct of the dog,
the date thereof, the damage caused, a description of the dog and
name and residence, if known, of the owner, or other person harboring
said dog. If more convenient, said complainant may deliver said complaint
to the Animal Control Officer who will file it with the Justice.
B.
Upon receipt by the Town Justice of any complaint
against the conduct of any particular dog, the Town Justice may issue
or have issued a uniform appearance ticket or may summon the alleged
owner or other person harboring said dog to appear in person before
him for a hearing. If, after such hearing at which said owner or other
such person shall have an opportunity to present evidence and give
reasons why no further action should be taken against himself or said
dog, the Town Justice decides that further action is warranted, the
Town Justice may order:
(2)
The dog to be declared a vicious or dangerous dog
to be restrained in accordance with the provisions of this article
hereinbefore set forth.
(3)
The dog to be confined to the premises of the owner
or such other person harboring said dog.
(4)
Such other remedy as may be warranted by the circumstances
in such case.
C.
A person charged with violation of this article as
a first offender who wishes to plead guilty shall have the option,
in lieu of appearing in court, of paying to the Town Justice, as a
penalty for and in full satisfaction of said violation, the sum of
$10 and, in addition thereto, if such dog has been seized and taken
into custody by the Animal Control Officer, the sum of $3 per day
for each day during which said dog shall be boarded by the Animal
Control Officer. Said payment may be made by mail or at an unscheduled
session of the court and must be accompanied by a signed plea of guilty.
The Animal Control Officer appointed by the
Williamson Town Board shall have the duty of enforcing this article
and maintaining the dog pound in addition to other duties that may
be assigned to him by the Agriculture and Markets Law. He shall have
authority to investigate and to report to the Town Justice all complaints
delivered to him, and he shall also make any investigation requested
by the Town Justice in regard to complaints filed with the Town Justice.
The appointment of such Animal Control Officer, however, shall in
no way be interpreted to limit the rights of others to enforce this
article and take advantage of the provisions herein. The Animal Control
Officer is empowered to issue, pursuant to the Criminal Procedure
Law regarding violations of this chapter, appearance tickets and such
other accusatory instruments as provided in § 114 of the
Agriculture and Markets Law.
The violation for § 58-8 or § 58-9 of this article shall be deemed an offense, and a violation thereof shall be punished by a fine of not less than $10 nor more than $25 or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment; and a subsequent failure to pay the fines as set forth in § 58-11 shall be deemed an offense, and such violation thereof shall be punishable by a fine of not less than $25 nor more than $100 or by imprisonment for not exceeding 30 days, or by both such find and imprisonment.
