[Adopted 7-14-1992 by L.L. No. 2-1992]
For the purpose of this article, the following terms shall have the meanings indicated:
AT LARGE
An unleashed dog off the premises of the owner or off the premises of another person when on the premises of another person with such other person's consent and approval.
LEASHED or RESTRAINED BY A LEASH
The dog shall be equipped with a collar to which shall be attached a leash not more than eight feet long. Both the collar and leash shall be of sufficient strength to restrain the dog, and the leash shall be held by a person having the ability to control and restrain the dog by means of the collar and leash.
OWNER
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.
TOWN
The word "Town" shall apply only to those areas of the Town of Champlain located outside of an incorporated village.
No person or owner shall suffer to run at large or in any public place or street in the Town of Champlain, at any time, any dog, unless said dog is leashed or restrained by a leash so as to effectively control said dog. All dogs in the Town of Champlain are hereby required to be leashed and restrained by a leash while off the owner's premises, whether such dogs are or are not validly tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises when on the premises of another person with such other person's consent.
The owner of a dog shall not permit the dog, even though leashed, to do any of the following acts:
A. 
Damage or deface property not belonging to the owner of the dog.
B. 
Deposit waste or commit a nuisance on the private property of a person or party other than that of the owner of the dog.
A. 
Any dog found running at large 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 any peace officer or by a Dog Control Officer in the employ of the Town or under contract with the Town.
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 and within the time as required by the Agriculture and Markets Law, as amended from time to time.
D. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanasia, subject to the provisions of Subdivision 2-a of § 374 of the Agriculture and Markets Law.
A. 
Any dog owner or person having 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 fine above provided, any Judge or Justice may also, if the circumstances in his/her 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:
(1) 
A violation of this article has been committed in said officer's presence; or
(2) 
A person executes a sworn statement or simplified information alleging a violation of this article.
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 or, in lieu thereof, a uniform appearance ticket and simplified information.
This Article V shall be effective until 12:01 a.m. on July 15, 1993, at which time it shall expire unless renewed.[1]
[1]
Editor's Note: Local Law No. 5-1993, adopted 5-21-1993, provided that Article V, Dogs at Large, be renewed without expiration so as to make it permanent.