Any dog found in violation of this Part 1 or in violation of Agriculture and Markets Law § 117(1) shall be seized pursuant to Agriculture and Markets Law §§ 117(2) and 117(1)(d).
The Dog Control Officer or an authorized establishment for the keeping,
feeding and care of such dogs may hold the seized dog(s) up to the
applicable redemption period.
Seized dogs not held by the Dog Control Officer shall be delivered
to the animal shelter that has contracted with the Town Board of the
Town of Barton to provide shelter or pound services, and shall be
held there for the applicable redemption period or the balance thereof
if held by the Dog Control Officer for less than the applicable redemption
period.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
Each dog seized shall be held and properly cared for, sheltered,
fed and watered for the redemption period of three days, except where
notice to the owner of such dog is given by certified mail, the redemption
period will be seven days. Seized dogs may be redeemed by the owner
during the redemption period if the owner accomplishes the following:
Pays impoundment fees and the costs for the authorized establishment
that is at the time under contract with the Town of Barton. Said costs
are those sustained in order to hold, care for, shelter, feed, and
water such dog(s), and are to be paid pursuant to the rates set forth
in the contracts entered into between the Town of Barton and said
facility.
Upon the expiration of the redemption period set forth above, the
owner of an unredeemed dog shall forfeit title to the dog, and the
dog shall be made available for adoption or euthanasia pursuant to
the provisions of Agriculture and Markets Law §§ 177
and 374.
If the owner of an unredeemed dog is known, such owner shall be required
to pay the impoundment fees or any other related fees set forth in
this Part 1 or the fee schedule of the Town of Barton, as well as
other necessary costs and fees, such as veterinarian's fees and
services, whether or not such owner chooses to redeem his or her dog.
Any owner who fails to pay impoundment costs and fees or related costs and fees will be guilty of a violation punishable as set forth in § 61-17 of this Part 1.
The premises occupied by dogs shall be kept in a clean and sanitary
condition. An owner must provide or arrange for the provision of adequate
food, water, shelter and space for each dog he or she owns.