[Adopted 9-13-2000]
The purpose of this article is the control of
dogs and vicious animals and their owners, and the protection of persons,
property and certain animals from attacks by dogs and vicious animals.
This article shall apply in all areas within
the Town of Barre, New York.
It shall be unlawful for any owner or any person
harboring any dog or any vicious animal to permit or allow such dog
or vicious animal to:
A.
Attack, chase or otherwise harass any person, other
dog, cat or domesticated animal while such dog, cat or domesticated
animal is in a place where it may lawfully be.
B.
Engage in habitual, prolonged loud barking or howling,
or otherwise conduct itself in such manner as to regularly annoy or
alarm any person other than its owner, the person harboring such animal,
or a trespasser.
C.
Cause injury, death, damage or destruction to the
person or property of another individual as a result of the failure
to adequately maintain control over such animal.
Except when engaged in hunting or other activities
under the supervision and control of its owner or other responsible
person, every dog or vicious animal shall be kept secured between
the hours of sunset and sunrise.
As used in this article, the following terms
shall have the meanings indicated:
A continuous period in excess of one hour.
Any animal which is normally found in the wild and exhibits
predatory instincts or behavior. It does not include dogs, cats, horses,
or livestock.
No vicious animal shall be kept within the Town
of Barre unless its owner shall first receive a permit to keep such
animal from the Town of Barre. The Town of Barre shall be authorized
to charge a fee for the issuance of any such permit, and such permits
shall be renewed on an annual basis. This section is not intended
to replace any existing laws or ordinances governing the licensing
of dogs.
Any person complaining of another person under
this article shall file his or her complaint, or criminal information
if required by the presiding Town Justice, with the Town's Animal
Control Officer. The complaint or criminal information shall be in
writing, affirmed under penalty of perjury, and shall specify the
alleged violation, the date or dates of its occurrence(s), any damage
or injury caused, a description of the dog or vicious animal, and
the name and address of the owner or person harboring such dog or
vicious animal. The Animal Control Officer may issue a summons for
the owner or responsible person to appear in the Justice Court, Town
of Barre. If the summons is disregarded, the Town Justice may issue
a warrant for the arrest of such person.
Any person who violates this article or who
knowingly permits the violation of this article or any provisions
thereof shall be guilty of an offense and, upon conviction for such
offense, shall be liable to a penalty of $50 for a first violation
and a penalty of $100 for each subsequent violation of this article.
Any prosecution under this article may be conducted by the Town's
Animal Control Officer or Town Attorney.
