The purpose of this article is to supplement the provisions of the New York State Agriculture and Markets Law so as to prohibit situations and incidents which are not proscribed by the Agriculture and Markets Law.
[Adopted 6-5-1984 by L.L. No. 1-1984]
A.
No dog which bites, snaps at or threatens persons walking, jogging or riding shall be allowed to run free.
B.
No person who owns or harbors a dog shall allow that dog to howl or bark in such a way as to annoy any other person.
C.
Any person keeping, harboring or having the care, custody and/or control of any female dog, whether licensed or unlicensed, shall confine said female dog, when in heat, on the premises of the person owning, keeping, harboring or having the care, custody and/or control of said female dog during said period.
For the purpose of this article, the following terms shall have the meanings indicated:
To provide food or shelter to any dog.
Any person who owns, keeps, harbors or has the care, custody and control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides. Any person harboring a dog for three days prior to any violation of this article shall be presumed to be the "owner" of said dog.
Any person empowered to enforce this article shall have the authority, in his or her sole discretion, to issue a warning rather than as provided in § 66-17B, at the time of a first violation by any person.
A.
Any dog found in violation of this article may be seized pursuant to the provisions of the Agriculture and Markets Law, as amended from time to time, by any Dog Control Officer of the Town or by a Dog Control Officer in the employ of the Town or under contract with the Town or by any peace officer pursuant to his/her special duties.
B.
Any dog so seized may be held subject to redemption by the owner, all pursuant to the provisions of the Agriculture and Markets Law, as amended from time to time.
C.
The owner of the seized dog may redeem the dog upon payment to the Clerk of the Town of the sum as required within the time as required by the Agriculture and Markets Law, as amended from time to time.
A.
Any dog owner or person harboring a dog who shall violate any of the provisions of this article shall, upon conviction for a first violation thereof, be subject to a fine not to exceed $25 and, upon conviction for a second violation thereof, shall be subject to a fine not exceeding $50 and, upon conviction for any subsequent violation thereof, shall be subject to a fine not exceeding $75. The determining factor shall be whether or not the dog owner, or person harboring a dog, has a prior conviction for violation of this article. It shall be irrelevant whether or not the same dog is involved.
B.
In addition to the fines above provided, any Judge or Justice may also, if the circumstances in his discretion so warrant, order the permanent confinement of a dog by the owner thereof. In the event of failure of the owner to confine a dog, such dog may, upon order of any Judge or Justice, be euthanized, subject to the provisions of Subdivision 2-a of § 374 of the Agriculture and Markets Law.
A.
Any Dog Control Officer of the Town, any Dog Control Officer in the employ of the Town or any peace officer, pursuant to his/her special duties, may enforce the provisions of this article only if:
B.
Enforcement of the provisions of this article may be by issuance, pursuant to the Criminal Procedure Law, of an appearance ticket or, in lieu thereof, a uniform appearance ticket and simplified information.