Any police officer, or peace officer, or Dog Control Officer, may bring an action for any violation of this Part 1 and for any violation of the Agriculture and Markets Law as set forth in Agriculture and Markets Law § 118(1). Any person who violates this Part 1 and is convicted of any such violation shall be liable for a penalty of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
Any person who observes a dog in violation of this Part 1 may file an appropriate accusatory instrument with a Justice of the Town of Barton, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. The Dog Control Officer may assist any person in preparing and filing an information accusatory instrument charging a violation of this Part 1. Any police officer, or peace officer, or Dog Control Officer will serve any criminal summons issued by the court pursuant to this Part 1.
Any dog owner whose dog shows any signs of rabies or which has been bitten or wounded by or exposed to any other animal having rabies or which might reasonably be suspected to be infected with rabies shall promptly notify the Tioga County Health Department of the facts and shall comply promptly and strictly with any directions given by such health department with reference to the observation of such disposition to be made of such dog, under the provisions of the Sanitary Code of the State of New York as codified in 10 NYCRR 2.14.
A. 
Any person within the Town who owns a dog, and who no longer wants such dog, may surrender such dog to the Dog Control Officer, with its license, if available, for disposition according to this section. The owner must sign a consent and shall be responsible for all costs associated with the care/disposal of such dog.
B. 
A Dog Control Officer may accept the unwanted dog from its owner, with its license, if available, for disposition, provided that said owner executes a consent in a form prescribed by the Town of Barton agreeing to the disposition and absolving the Town of Barton and the Dog Control Officer of all liability.
C. 
Any dog surrendered to a Dog Control Officer under this section shall not be subject to the redemption provisions of § 61-15.
D. 
At any time, this service for disposing of unwanted dogs by a Dog Control Officer can be discontinued by the Dog Control Officer and in his discretion when accepting such dogs would create a condition whereby dogs seized could not be properly sheltered and/or surrendered.
No legal action shall be maintained against the Town, the Clerk, the Village, the Dog Control Officer, any police or peace officer, agency, or establishment for keeping, feeding and care of such dogs, for actions accomplished in connection with enforcement of this Part 1.