All complaints regarding violations of this chapter, dangerous
dogs under the New York State Agriculture and Markets Law, and other
such complaints regarding dogs shall be submitted in writing to the
Town Police Department. Such complaint should specify the nature of
the violation, the date thereof, a description of the dog and residence
and, if known, of the owner of such dog. The Town Police and/or the
Town Dog Control Officer shall thereafter take appropriate action
pursuant to this chapter, the Agriculture and Markets Law or any other
applicable laws in effect.
A.
Pursuant to Town Law § 65, the Town authorizes the Dog
Control Officer and the Town Police Department to institute and prosecute
legal proceedings in the name of the Town under this chapter and all
applicable provisions of the New York State Agriculture and Markets
Law pertaining to dangerous dogs and dog control.
B.
A Dog Control Officer or a police officer of the Town of Cornwall
shall have the power to issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, to serve a summons and to serve and
execute any other order or process in the execution of the provisions
of this chapter or the New York State Agriculture and Markets Law.
A.
Under § 118 of the Agriculture and Markets Law and the
provisions of this chapter, the Dog Control Officer or any police
officer shall seize:
(1)
Any dog which is not licensed that is required to be licensed under
the provisions of this chapter.
(2)
Any dog, licensed or unlicensed, which does not have on its identification
tag and which is not on the owner's premises or engaged in participation
in a dog show.
(3)
Any dog running at large under the provisions of this chapter.
(4)
Any dog for which there is probable cause to believe that the dog
is a dangerous or vicious dog or which poses an immediate threat to
public safety.
(5)
Upon order of the Town Justice, any dog for which there has been
a prior adjudication of a habitual barking violation under this chapter
and for which the Town Dog Control Officer or the Town Police have
probable cause to believe that a repeat violation of the prohibition
on habitual barking has occurred.
B.
The Dog Control Officer or police officer shall promptly make and
maintain a complete record of any seizure and subsequent disposition
of any dog. Such record shall include, but not be limited to, a description
of the dog, the date and hour of seizure, the official identification
number of such dog, if any, the location where seized, the reason
for seizure, and the owner's name and address, if known.
C.
Promptly upon seizure of any identified dog, the owner of record
at the last known address of such dog shall be notified personally
or by certified mail, return receipt requested, of the fact of seizure,
and the procedure for redemption.
D.
Promptly upon seizure of any identified dog, the Dog Control Officer
or police officer shall commence and prosecute appropriate judicial
proceedings in regard to the offense or violation which gave rise
to the impoundment.
E.
Upon seizure of a dog which is not identified, whether or not licensed,
the dog shall be held for such a period of time as is consistent with
the provisions of the New York State Agriculture and Markets Law and
shall thereafter be put up for adoption or euthanized.
F.
Each dog seized in accordance with the provisions of this chapter
shall be properly sheltered, fed, provided medical care if necessary
and watered for such a redemption period as is consistent with the
provisions of the New York State Agriculture and Markets Law.
G.
An owner shall forfeit all right to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized.
H.
No dog in the custody of a pound or shelter shall be delivered for
adoption unless it has been licensed pursuant to the provisions of
this chapter prior to its release from the custody of a pound or shelter.
I.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees as set forth in the chapter whether
or not such owner chooses to redeem his or her dog.
J.
All adopted dogs shall be spayed or neutered before release from
custody at the owner's expense.
K.
No liability in damages or otherwise shall be incurred by the Town
of Cornwall on account of the seizure, euthanization or adoption of
any dog pursuant to the provisions of this chapter.
