The Town Board of the Town of Lenox finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and created nuisances within the Town. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town.
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law and the New York Agriculture and Markets Law, as amended by Part T of Chapter 59 of the Laws of 2010, and § 122, "local laws or ordinances," of the Agriculture and Markets Law of the State of New York.
The title of this chapter shall be "Dog Control Town Law of the Town of Lenox."
A. 
Any person who owns or harbors a dog in the Town of Lenox, County of Madison, New York, not licensed as required in and prescribed by the provisions of Article 7 of the Agriculture and Markets Law of the State of New York shall, upon conviction thereof, be guilty of an offense and shall be subject to the penalty of a fine thereof, which shall:
(1) 
Not be less than $25 nor more than $100 for the first offense;
(2) 
Not be less than $50 nor more than $200 for the second offense within the immediate prior five years; and
(3) 
Where the person was found to have committed two or more such violations within the preceding five years, shall be subject to a fine of not less than $100 nor more than $500 or 15 days' imprisonment, or both.
B. 
Each offense shall constitute a separate fine and/or penalty.
C. 
Such an offense may be prosecuted in a local court of competent jurisdiction in lieu of a civil action pursuant to § 118 of the Agriculture and Markets Law, and such penalty shall be in lieu of the penalty provided for in such section. All fines collected for such offense pursuant to this article shall be owned, remitted and reported in the same manner as provided in §§ 113, 117, 118 and 119 of the Agriculture and Markets Law for the civil penalties prescribed therein.