A.
A dog must be restrained by a leash and accompanied by its owner
or other responsible person when off the owner's premises. No
owner of a dog shall permit or allow such dog to run at large off
the owner's premises except when accompanied by its owner or
other responsible person in full control of such dog.
B.
The owner of a dog shall not permit his dog, even though leashed,
to do any of the following acts:
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.
A.
The Animal Control Officer or any police officer shall seize any
animal found to be in violation of this article.
B.
Each animal seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
C.
Each animal which is not wearing evidence that it has been licensed by the Town of DeWitt shall be held for a period of five days from the date seized, during which period the animal may be redeemed by its owner, provided that such owner produces proof that the animal has been licensed in the Town of DeWitt, or, if such animal is required to be so licensed, a village proof of such licensing, and further provided that the owner pays to the Town Clerk the redemption fee set forth in Subsection E below.
D.
Upon seizure of any animal wearing evidence that it has been licensed by the Town of DeWitt, the owner of record of such animal, as such owner appears on the records of the Town Clerk, shall be promptly notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of five days after the date the notice is personally served, during which period the animal may be redeemed by the owner. If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner. In either case, the owner may redeem such animal during such period upon payment to the Town Clerk of the redemption fee prescribed by Subsection E below and by producing proof, if the animal is required to be licensed in the Town of DeWitt, that the animal has a current license.
E.
The 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.
F.
An owner shall forfeit title to any animal unredeemed at the expiration
of the appropriate redemption period, and the animal shall then be
made available for adoption, or euthanized subject to the provisions
of Subdivisions 2-a, 2-b, 2-c and 2-d of § 374 of the New
York Agriculture and Markets Law; provided, however, that no animal
in the custody of a pound or shelter shall be delivered for adoption
unless it has been licensed pursuant to the requirements, if any,
of this Code prior to its release from the custody of a pound or shelter.
G.
The seizure of any animal shall not relieve the owner from any fees
for seizure or veterinary care or penalty for a violation provided
for by this article or any other provision of this Code.
H.
No liability in damages or otherwise shall be incurred by the Town
of DeWitt or any Animal Control Officer, peace officer or operator
of the location where the animal is impounded on account of the seizure,
euthanization or adoption of any animal pursuant to the provisions
of this article.
A.
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:
(1)
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.
(2)
Any dog which, according to the records of the Onondaga County
Health Department, Town of DeWitt or the SPCA (Society for the Prevention
of 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 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.
(3)
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.
(4)
Any dog providing protection or security at a premises at which
illegal activities are occurring.
B.
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.
C.
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 § 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.
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 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.
