[Adopted 8-9-2012 by L.L. No. 4-2012]
The purpose of this article shall be to promote the health,
safety, cleanliness and general welfare of the Town of Somers, including
the protection, cleanliness and preservation of the property of the
Town of Somers and its inhabitants, by adopting and enforcing certain
regulations and restrictions on the activities of dogs.
This article shall be known and can be cited as the "Town of
Somers Canine Waste Law."
As used in this article, the following terms shall have the
meanings indicated:
A carnivorous domesticated mammal, known as "Canis familiaris,"
and shall include male as well as female.
Except as provided and regulated by § 86-19 hereof, no person owning, harboring, keeping, walking or having the custody or control of a dog shall cause, permit, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other public property. These restrictions shall likewise apply to any private property unless such person shall have the express written permission of the owner of said property.
The prohibition set forth in § 86-18 above shall not apply to the Somers Koegel Park or to those portions of a street lying between curblines, which areas may be utilized to curb a dog, subject, however, to the following conditions:
A.
Any person who so curbs a dog shall immediately remove all feces
deposited by such dog in the following manner: Feces shall be picked
up with scoop, shovel, broom, tong or other similar implement and
be deposited immediately thereafter in a container, plastic or otherwise,
and then subsequently deposited in a container used for the disposal
of refuse.
B.
In no event shall any feces be deposited in sewers or drains, whether
storm or sanitary.
Any person violating this article shall be guilty of a violation
and shall be subject to a fine not to exceed the sum of $100.
The Dog Control Officer and the Police Department of the Town
of Somers shall be the enforcement officers of the provisions of this
article.
Should any paragraph or section, or portion thereof, of this
article be declared by a court of competent jurisdiction to be invalid
or unlawful, the same shall not affect the remainder of this article
as a whole or any part thereof other than the part so declared to
be invalid.
This local law shall be effective upon filing of same with the
Secretary of State of the State of New York.
