Animals allowed to roam free may at times interact with individuals and/or neighboring properties, which interaction may become an annoyance and/or pose a health safety and/or welfare issue. To protect the health, safety and property of others from free-roaming animals and to establish the responsibility and liability of the owners or harborers of said animals, the Town of Ogden enacts this chapter.
The title of this chapter shall be "Animal Control Law of the Town of Ogden."
As used in this chapter, the following words shall have the following respective meanings:
ANIMAL
Includes, but not be limited to, dogs, cats, cows, horses, pigs, goats, fowl, reptiles, birds, and all other animals as the same are defined in § 300-6 of the Code of the Town of Ogden.
ANIMAL CONTROL OFFICER
The person authorized by the Town Board, from time to time, by resolution, to enforce the provisions of this chapter. An Animal Control Officer shall have all the powers of a Constable or other peace officer in the execution of the provisions of this chapter, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 113 of the Agriculture and Markets Law of the State of New York, and the service and execution of any other order of process, notwithstanding any provision of the Justice Court Act.[1]
OWNER
Any person who is an animal owner and/or any person who keeps, feeds or harbors an animal for over one week. The owner need not be a resident of the Town of Ogden, but for a violation to occur, the animal must be within the Town limits of the Town of Ogden.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
This chapter shall be enforced by the Animal Control Officer or by the Town Police Department or any other enforcement officer.
B. 
The Animal Control Officer or a peace officer observing a violation of this chapter in the officer's presence shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of § 113 of the Agriculture and Markets Law and this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Any person who witnesses or suffers from a violation of the restrictions of this chapter may file a verified informational with the Animal Control Officer, who shall issue and serve a written notice to comply.
A. 
The owner of an animal who is issued an appearance ticket pursuant to § 96-4 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If the person charged with the violation admits to the violation as charged in the appearance ticket, the person may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of penalties and fines for violations of this chapter, and a certified check or money order in the amount of the penalty for the violation charged shall be submitted with such answer.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, the person may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and/or trial, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a criminal summons may be issued pursuant to the Criminal Procedure Law. The person charged with a violation hereunder, should the person request a trial as provided herein, shall pay for the care of the dog while impounded.
D. 
In the event that there is a violation of this chapter based upon any information and not an appearance ticket and the owner of the animal demands, in writing, a trial, the Animal Control Officer or other law enforcement officer shall immediately proceed to file any information with a Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.
In the event that it becomes necessary to euthanize an animal, the Animal Control Officer or other law enforcement officer shall arrange, through a veterinarian or Animal Control Officer, in their facilities, to humanely euthanize and dispose of the carcass in accordance with § 374 of the Agriculture and Markets Law.
A. 
A violation of this chapter shall be deemed an offense, and a person convicted of a violation shall be liable to a fine set by the Ogden Town Board, and varying with the frequency of the violation.
B. 
An animal found to be dangerous may be ordered securely confined or euthanized at the discretion of the Court. In addition, the Court may order restitution as a condition of any sentence for violation of the provisions of this chapter.
The owner, possessor or harborer of any animal seized, euthanized or adopted under the provisions of this article shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the animal or otherwise.