This chapter will be known as the "Dog Control Code of the Town
of Owasco."
The Town Board of the Town of Owasco, Cayuga County, State of
New York, is vested by the State of New York to regulate and control
dogs and other animals within the Town of Owasco and to protect the
health, safety and welfare of its residents. The State of New York
has determined that as of January 1, 2011, the state will no longer
be responsible for licensing and other regulation of dogs and has
authorized local municipalities across the state to assume responsibility
of such matters. This chapter is intended to provide a fair and uniform
framework for the licensing and regulation of dogs and other animals.
This chapter is enacted pursuant to the authority of the Municipal
Home Rule Law § 10 of the State of New York, and Agricultural
and Markets Law Article 7.
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL
Any animal, reptile, bird or fowl, domesticated or wild,
owned or otherwise maintained by any person.
ANIMAL CONTROL OFFICER
That person, or his or her authorized representative, designated
as such by the Town Board of Owasco.
CLERK
The Town Clerk of the Town of Owasco or any duly appointed
Deputy Clerk.
DOG
Any member of the species Canis familiaris.
HARBOR
To provide food or shelter to any animal.
LEASH
A securely fastened restraint, not more than six feet in
length, held by a responsible person.
OWNER
Any person, firm, partnership, trustee, association or corporation
owning, keeping, harboring or otherwise maintaining an animal. Animals
owned by minors shall be deemed to be in the custody and control of
the minor's parents or head of the household where such minor
resides.
RESTRAINT (LEASH LAW)
A dog must be controlled by a leash having a maximum length
of six feet while off the owner's premises. A dog is considered
under restraint if it is controlled by a leash having a maximum length
of six feet, within a vehicle being driven or parked on the street,
or within the property limit of its owner or keeper with a restraint
or fencing, or upon the premises of another with the consent of such
other person and restrained or confined to a fenced area. A retractable
leash may be used as a restraint if the retractable leash is set and
locked at six feet when the dog is in the immediate vicinity of the
person or is on a sidewalk area.
RUN AT LARGE
To be in a public place or on private land without knowledge,
consent and approval of the owner of such lands.
It shall be unlawful for any owner of any animal to permit or
allow such animal in the Town of Owasco to:
A. Engage in habitual loud howling, barking, crying, whining, or to
conduct itself in such a manner as to unreasonably and habitually
annoy any person.
B. Cause damage or destruction to property, including scattering garbage,
or commit a nuisance by defecating or urinating upon the premises
of a person other than the owner of such animal.
C. Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or annoyance or to put such person in reasonable
apprehension of bodily harm or injury.
D. Habitually chase, run along side of or bark at motor vehicles, bicycles
or pedestrians.
E. Run at large, unless the dog shall be restrained as provided in the definition of "restraint" in §
68-4. Notwithstanding the foregoing, a dog or dogs accompanying its owner or a responsible person who is engaged in lawful hunting shall be considered in compliance with this leash law as long as the dog is under the full control of such owner or person.
All owners of female dogs in heat shall keep such dogs confined
in such manner as to not be in contact with other dogs (except for
intentional breeding purposes) and so as to avoid creation of a nuisance
by attracting other dogs.
Each separate provision of this chapter shall be deemed independent
of all other provisions, and if any provision shall be deemed or declared
invalid, all other provisions shall remain valid and enforceable.
This chapter shall take effect on January 1, 2011.