[Adopted 2-14-2000 by L.L. No. 1-2000]
A. 
This local law of the Town of East Bloomfield, Ontario County, New York (the town), shall be known as "A Local Law to Amend the Code of the Town of East Bloomfield, Chapter 55 hereof, entitled Animals, concerning Dog Nuisance."
B. 
The purpose and intent of this article shall be to preserve the public peace and good order in the Town of East Bloomfield and to contribute to the public welfare and the preservation and protection of the property and residents of the Town by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the Town of East Bloomfield which supplement and complement the regulations and restrictions heretofore enacted by the Legislature of the State of New York and the laws of the Town of East Bloomfield.
C. 
The provisions of this article shall not be applicable to persons who hold a valid special use permit issued pursuant to § 135-75 of the East Bloomfield Code.
As used in this article, the following terms shall have the meanings indicated:
MINOR
A person under 18 years of age, unless emancipated.
OWNER
Includes any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household acting in loco parentis where the minor resides, as well as in the custody and control of the minor.
TOWN
The Town of East Bloomfield.
It shall be unlawful for any owner of a dog in the Town of East Bloomfield to permit or allow such a dog to howl or bark habitually, continuously or regularly for periods in excess of one hour so as to disturb the peace, quiet, health or well-being of other persons.
No person shall permit an accumulation of dog feces on a property which results in a hazard to health or that makes travel or residences in the vicinity uncomfortable, or which attracts flies or other insects or animals, thereby creating, in the judgment of the New York State Department of Health, or such other qualified agency or agent as may in advance be designated by the Town to exercise such judgment, an unsanitary condition which may facilitate the spread of disease and endanger health, or which may render soil, water or food impure or unwholesome, or which endangers public comfort and repose.
A. 
Filing of complaints by citizens must be submitted in writing and shall include the name, address and telephone number of the complainant, as well as the address of the dog's owner and a description of the objectionable conduct.
B. 
Upon receiving a written complaint, the East Bloomfield Town Clerk shall cause the following to be performed:
(1) 
Issue notice of the objectionable complaint to the dog owner or custodian of the dog.
(2) 
Notice shall adequately describe the complaint to assist the dog owner in recognizing and correcting the problem.
C. 
Upon further complaint, the Town Clerk will advise the aggrieved to file a signed complaint with the East Bloomfield Town Court.
A. 
The Town Justice of the Town may fine or imprison any owner who is convicted of any violation of this article.
B. 
Any person convicted of any violation of this article shall be punished by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.