The Town of Delaware, New York, finds that the running at large
and other uncontrolled behavior of dogs has caused physical harm to
persons, damage to property and created nuisances within the Town.
The purpose of this article is to protect the health, safety and well-being
of persons and property by imposing restrictions and regulations upon
the keeping or running at large of dogs and the seizure thereof within
the Town.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event any
dog found in violation of this chapter shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
This article may be enforced by any dog control officer, code
enforcement officer, peace officer, when acting pursuant to his special
duties, or police officer.
Any person who observes a dog in violation of this article may
file an accusatory instrument under oath with the Clerk of the Town
of Delaware Justice Court, specifying the nature of the violation,
the date thereof, a description of the dog and, if known, the name
and residence of the owner of such dog. Such accusatory instrument
may serve as the basis for enforcing the provisions of this article.
Any dog control officer, code enforcement officer, peace officer,
when acting pursuant to his special duties, or police officer observing
a violation of this article in his presence may issue and serve an
appearance ticket for such violation.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both.