The Town of Eden, New York finds that the running at large and
other uncontrolled behavior of dogs has caused physical harm to persons,
damage to property and created nuisances within the Town. The purpose
of this Part 1 is to promote the public health, safety and welfare
of the residents of the Town of Eden by imposing restrictions and
regulations upon the keeping or running at large of dogs and providing
for the seizure thereof within the Town.
AT LARGE
Any dog that is unleashed and on property open to the public
or is on private property not owned or leashed by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with permission of the owner of the land.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event any
dog found in violation of this Part 1 shall be owned by a person under
18 years of age, the owner shall be deemed to be the parent or guardian
of such person (or the head of the household in which said person
resides).
PUREBRED DOG
A dog registered by a recognized registry association, including,
but not limited to, the American Kennel Club.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Eden, to:
B. Engage in habitual loud howling, barking, crying or whining or to
conduct itself in such manner so as to unreasonably and habitually
annoy any person;
C. Cause damage or destruction to property, or commit a nuisance by
defecating or urinating upon public property or the premises of a
person, other than the owner of such dog;
D. Chase or otherwise harass any person in such a manner as reasonable
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury;
E. Habitually chase, run alongside of or bark at motor vehicles or bicycles.
This Part 1 shall be enforced by any dog control officer, peace
officer, when acting pursuant to his special duties, or police officer
in the employ of or under contract to the Town of Eden.
Any dog control officer, peace officer, when acting pursuant
to his special duties, or police officer in the employ of or under
contract to the Town of Eden, having reasonable cause to believe that
a person has violated this Part 1, shall issue and serve upon such
person an appearance ticket for such violation.
Any violation of any of the provisions of this Part 1 shall
be deemed an offense and any person found guilty of such violation
shall be liable for a fine of not less than $50 nor more than $500.
If any clause, sentence, paragraph or part of this Part 1 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 judgment shall have been rendered.