No dog shall be permitted to run at large within the Town.
The seizure of dogs pursuant to this article, the redemption
period, fees for impoundment, notice of seizure and other procedures
for the disposition of dogs is governed by § 118 of the
Agriculture and Markets Law, except that the minimum redemption fee
shall be $50 and the seized dog shall not be released to the owner
until any veterinary bills have been paid.
For the purposes of this section, a noise disturbance for a
barking dog shall be defined as any noise created by a dog continually
for 10 minutes or intermittently for 30 minutes over any one-hour
period unless provoked. All dogs shall be prohibited from creating
such a noise disturbance.
The animal control officer, any police officer of the Town of
Manlius Police Department and any other peace officer authorized by
a Town to assist in the enforcement of this article and Article 7
of the Agriculture and Markets Law, which is hereby adopted by the
Town, shall have the authority to issue an appearance ticket, pursuant
to the Criminal Procedure Law.
Any person who violates any of the provisions of this article
shall be guilty of a violation pursuant to the Penal Law and, upon
conviction thereof, shall be subject to the fines, penalties and other
provisions set forth in this article.
A.
It shall be a violation, punishable as provided in § 44-22 of this article, for:
(1)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag;
(2)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article;
(3)
Any person to furnish any false or misleading information on any
form required to be filed with any municipality pursuant to the provisions
of this article or rules and regulations promulgated pursuant thereto;
(4)
Be owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog.
B.
It shall be the duty of the Dog Control Officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in Subsection A of this section.
C.
If found guilty of any section of this article, the fines shall be
as follows: $50 for the first offense, $100 for the second offense,
$250 for the third offense.
D.
The Town hereby establishes a fee of $15 for the issuance of a summons
to enforce any section of this article.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by any municipality as a result of any prosecution
for violations of the provisions of this article or any local law
or ordinance and all bail forfeitures by persons charged with such
violations shall be the property of the municipality and shall be
paid to the financial officer of such municipality. Such moneys shall
be used only for controlling dogs and enforcing this article and any
rule, regulation, or local law or ordinance adopted pursuant thereto.
In addition to dogs which attack a person or attack, chase,
or worry a domestic animal as provided for in § 121 of the
Agriculture and Markets Law, "dangerous dogs" shall include:
A.
Any dog that presents a risk of physical injury or death to a human
being, or would constitute danger to human life, physical well-being
or property if not kept under the direct control of the owner. The
definition shall not apply to dogs utilized by law enforcement officers
in the performance of their duties.
B.
The term "dangerous dog" includes any dog which, according to the
records of the Onondaga County Health Department, Town of Manlius
or the SPCA (Society for the Prevention of the Cruelty to Animals)
or any law enforcement agency, has without justification bitten, attacked,
endangered or inflicted personal injury on a human being on public
or private property or, when unprovoked, has chased or menaced a person
upon the street, sidewalk or any public grounds, provided that such
actions are attested to in a sworn statement by one or more persons
dutifully in investigated by any one of the above referenced authorities;
has more than once without justification severely injured or killed
a domestic animal while off the owner's property or has been
used primarily or in part for the purpose of dog fighting, or is a
dog trained for dog fighting.
C.
A dog's action shall be considered justified if such actions
were inflicted upon a person who was committing, at the time, a crime
upon the premises occupied by the dog's owner or custodian; or
committing, at the time, willful trespass or other tort upon the premises
occupied by the dog's owner or custodian; or provoking, tormenting,
or physically abusing the dog. A dog's actions shall be considered
justified if such actions were inflicted upon an animal that initiated
an attack upon it.
D.
Any dog whose larynx has been removed or whose bark or growl has
been altered or muffled to prevent persons from being alerted to the
presence of said dog, under circumstances where the dog is providing
protection or security, or so as to put a person in reasonable fear
of his or her safety.
E.
Any dog providing protection or security at a premises at which illegal
activities are occurring.
F.
Any person found guilty of violating this section shall pay all expenses,
including shelter, food and veterinary expenses necessitated by the
seizure of any dog for the protection of the public, and such other
expenses as may be required for the destruction of the dog.
The owner of any animal which is found to be a dangerous dog, as set forth in § 44-18 of this chapter, shall be liable for such injury and damage. Such owner shall not thereafter permit such animal to be at any place other than on the premises of the owner unless such animal is on a leash of less than five feet in length and, if such animal has bitten a person or other animal, such animal shall also be securely fitted with a properly fitting muzzle of a type which shall not permit such animal to bite another person or animal.
A.
The animal control officer or a police officer observing a violation
of this article in his presence shall issue and serve an appearance
ticket pursuant to the Criminal Procedure Law.
B.
As to the control of animal waste, the animal control officer or
police officer shall after observing a violation of this article or
upon the sworn complaint of an individual observing a violation of
this article, issue and cause to be served an appearance ticket setting
forth a brief description of the circumstances of the violation.
C.
The return date on the appearance ticket issued under this article
shall be no sooner than 10 days, including the day of service, from
the date of service.
Any person who observes an animal or the owners thereof in violation
of any of the provisions of this article may file a written verified
complaint with the animal control officer in a form acceptable to
the animal control officer, which complaint shall set forth the conduct
of such domestic or exotic animal or that of the owner, including
the date thereof, the damage caused, if any, a description of such
animal and the name and residence, if known, of the owner of said
animal. Upon receipt of such a complaint, if such complaint indicates
that a violation of this article has occurred, the animal control
officer shall issue and serve an appearance ticket based upon such
information upon the owner of such animal, if such owner is known.
A.
Any person who violates any of the provisions of this article shall
be guilty of a violation pursuant to the Penal Law and, upon conviction
thereof, shall be subject to the fines, penalties and other provisions
set forth below.
B.
The provisions hereof are in addition to the regulations, restrictions,
requirements and penalties contained in Article 7 of the Agriculture
and Markets Law of the State of New York.
