If any dog in violation of this chapter is owned
or harbored by a person under 18 years of age, the owner of record
as defined in Article 7 of the Agriculture and Markets Law shall be
deemed to be the parent or guardian of such person, and said parent
or guardian shall be responsible for the acts of said dog for the
purposes of this chapter. The definitions of the words "owner," "harbor"
and "person" as used in this chapter are those set forth in Article
7 of the Agriculture and Markets Law.
The fact that a dog is at large in the Town
of Orchard Park elsewhere than on the premises of the owner or person
harboring such dog shall be presumptive evidence that the dog has
been permitted to be at large with the knowledge of the owner or person
harboring the dog.
Any person who observes a dog in violation of
any acts prohibited by this chapter may file a signed complaint, under
oath, with a Town Justice of the Town of Orchard Park, specifying
the objectionable conduct of the dog, the date thereof, the damage
caused or the acts constituting a violation of this chapter and including
the place or places where such conduct occurred and the name and residence,
if known, of the owner or other person harboring such dog.
Any person owning or harboring a dog and who
shall permit such dog to be at large in violation of the provisions
of Article 21, Title IV, of the Public Health Law, is guilty of a
violation punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
No action shall be maintained to recover the
possession of or value of a dog for damages for injury or for compensation
for destruction of a dog destroyed or otherwise disposed of pursuant
to the provisions of this chapter.
[Added 6-18-2014 by L.L. No. 3-2014]
No person owning, harboring, keeping, walking or in charge of
any dog shall suffer or allow such dog to soil, defile, or defecate
on any sidewalk, gutter, street, play area, park or other public area,
or on any private property, without the permission of the owner, without
providing and carrying a means for disposing of the fecal matter.
A. The dog owner or custodian shall immediately remove and dispose of
all feces deposited by such animal in a closed or sealed bag or container
and thereafter disposing of it by depositing such matter in a trash
receptacle or sanitary disposal unit.
B. In no event shall any feces be deposited in any storm sewer or drainage
ditch.
C. This provision shall not apply to a guide dog, hearing dog or service
dog accompanying any person with a disability, as defined in the Agriculture
and Markets Law § 108.
[Added 6-18-2014 by L.L. No. 3-2014]
If any clause, sentence, paragraph or part of this chapter,
or the application thereof, to any person or circumstances shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder hereof
or the application thereof to other persons or circumstances, but
shall be confined in its operation to the clause, sentence, paragraph
or part thereof and the persons and circumstances directly involved
in the controversy in which such judgements shall have been rendered.