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 Section 118 of the Agriculture
and Markets Law, except that the minimum redemption fee shall be in
such amount as from time to time shall be established by resolution
of the Town Board of the Town of Dewitt.
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
Dewitt 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 by resolution of the Town Board.
A. It shall be a violation, punishable as provided in Subsection
B of this section, 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)
The 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. Fines: $50 for the first offense; $100 for the second offense; $250
for the third offense.
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.
The owner of any animal which is found to be a dangerous dog, as set forth in §
77-16.7 of this article, 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.
Any person who observes an animal or the owner 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.
Any person who violates any of the dangerous animal 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.
A. If found guilty of the dangerous animal provisions of this article,
a minimum fine of no less than $50 or more than $250 and / or up to
15 days in jail shall be imposed.
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.