[Adopted 4-29-1981 by L.L. No. 3-1981
as Ch. 40, Art. I, of the 1975 Code; amended in
its entirety 12-22-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage.
Any female dog in heat shall be confined within a protected
enclosure on the premises of the owner or person harboring the dog.
All premises occupied or used by dogs shall be kept in a clean
and sanitary condition. Failure to provide adequate food, water or
shelter shall be a violation of this article and shall constitute
grounds for seizure of the animal hereunder. These principles shall
apply both to individual owners and to any other persons harboring
dogs for training, retail sale or boarding.
This chapter shall be enforced by the Town's Dog Control
Officer or any employee or agency of the Town of LaGrange so designated
by the Town Board. Those persons shall have the authority to issue
appearance tickets or other process set forth within Article 7 of
the Agriculture and Markets Law.
Agriculture and Markets Law § 123 sets forth the applicable
procedural and substantive requirements applicable within the Town
of LaGrange when a dog is alleged to be dangerous.
Upon conviction, a violation of this article shall be deemed
an offense and shall be punishable by a fine not exceeding $50 for
the first offense, $100 for the second offense within the preceding
five years, and $250 for each additional offense within the preceding
five years or by imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment.
Each provision of this article shall be deemed independent of
all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
[Added 8-22-2018 by L.L.
No. 10-2018; amended 11-16-2018 by L.L. No. 12-2018]
Notwithstanding any inconsistent provisions within §
69-14 of this chapter, each separate offense in violation of the provisions of this article is a distinct violation. Upon conviction, the violation shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days for a first offense. Maximum fines shall be $750 for a second offense and $1,500 for a third or a greater number of offenses. The maximum duration of imprisonment shall not exceed 15 days for second, third or a greater number of offenses. A dog owner shall be jointly and severally responsible for violations committed by another in possession of the dog at the Town park. The Town may also pursue enforcement by means of action to enjoin the offending conduct. Under either means of enforcement, the Town shall be entitled to collect its actual and reasonable attorneys' fees, in an amount to be determined by the court, and collection of the attorneys' fees award may be exercised by imposition of a tax lien upon the violator's real property located within the Town of LaGrange. The violator shall be entitled to notice and an opportunity to be heard by the Town Board with respect to the potential tax lien. The notice shall be at least 14 days in duration from the date of mailing by the Town to the last known address of the violator.