[Adopted 11-17-2010 by L.L. No. 3-2010]
The Town Board of the Town of Martinsburg, pursuant to the authority
granted under Article 7 of the Agriculture and Markets Law and §§ 10
and 20 of the Municipal Home Rule Law, hereby enacts as follows.
The Town Board of the Town of Martinsburg hereby finds that
in view of new state law imposing increased responsibility on the
Town for the licensing of dogs and dog control that it is necessary
to have a global revision of all prior regulations of the Town with
respect to licensing of dogs and dog control. It is the purpose of
this article to adopt comprehensive regulations for the licensing
of dogs and dog control issues within the Town.
The title of this article shall be "Dog Control Law of the Town
of Martinsburg."
As used in this article, the following words shall have the
following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the
species canis familiaris.
OWNER
The person entitled to claim lawful custody and possession
of a dog, who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Dog Control Officer and a reasonable search has been made.
If a dog is not licensed, the term “owner” shall designate
and cover any person or persons, firm, association, or corporation,
who or which at any time owns or has custody or control of, harbors,
or is otherwise responsible for any dog which is kept, brought or
comes within the Town. Any person owning or harboring a dog for a
period of one week prior to filing any complaint charging a violation
of this article shall be held in and deemed to be the owner of the
dog for the purpose of enforcing this article. In the event that the
owner of any dog found to be in violation of this article shall be
under 18 years of age, the head of the household in which said minor
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of the said dog in violation of
this article.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
TOWN
The Town of Martinsburg.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A. Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B. Engage in habitual and loud howling, barking, crying or whining that
exceeds 15 minutes in duration or conduct as to unreasonably and habitually
disturb the comfort or repose of any person other than the owner of
such dog.
C. Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner.
D. Chase, jump upon or at or otherwise harass any person in such manner
as to reasonable cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F. Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G. If a female dog, when in heat, be off the owner's premises,
unrestrained by a leash.
Penalties shall be as follows:
A. For a first violation: a fine of no less than $25 nor more than $100.
B. For a second offense within a one-year period: a fine of no less
than $50 nor more than $150.
C. For a third or subsequent offense within a one-year period: a fine
of no less than $75 nor more than $200.