[Adopted 10-13-1980 by L.L. No. 1-1980]
The purpose of this article shall be to preserve public peace
and good order in the Town of Walton and to promote the public health,
safety and welfare of its people by enforcing regulations and restrictions
on the activities of dogs that are consistent with the rights and
privileges of dog owners and the rights and privileges of other citizens
of the Town of Walton.
As used in this article, the following terms shall have the
meanings indicated:
An unleashed dog off the premises of the owner.
Both male and female dogs.
A person or persons appointed by the Town for the purpose
of enforcing this article.
Occurring on two or more occasions within a seven-day period,
and each occasion having a duration of 30 minutes or longer.
[Added 12-17-2002 by L.L.
No. 1-2002]
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors, or has custody, care
or control of a dog. Dogs owned by minors shall be deemed to be in
custody and control of parents or other head of the household where
the minor resides. Any person harboring a dog for a period of one
week shall be deemed to be the owner of the dog for the purpose of
enforcing this article.
It shall be unlawful for any owner of a dog in the Town of Walton
to permit or allow such dog to:
A.
Run at large.
B.
Be off the owner's property unless leashed.
C.
Engage in habitual loud howling, barking or whining or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or harborer of the dog.
D.
Cause damage or destruction to public or private property, defecate,
urinate or otherwise commit a nuisance upon the property of persons
other than the owner or harborer of the dog.
E.
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or to put such a person in reasonable apprehension
of bodily harm or injury.
F.
Chase, leap on or otherwise harass bicycles or motor vehicles.
G.
Kill or injure any dog, cat or other household pet.
H.
Be unlicensed when four months of age or older, or such earlier age
as shall be established by New York State Agriculture and Markets
Law from time to time.
[Amended 12-17-2002 by L.L. No. 1-2002]
I.
Not have a current and valid New York State identification tag on
its collar.
[Amended 12-17-2002 by L.L. No. 1-2002]
All female dogs shall be confined to premises of their owner
while such are in season (heat) and may not be left outside unattended.
Any owner not adhering to this rule will be subject to having the
dog seized by the Dog Control Officer and removed to a safe place
of confinement.
All premises occupied or used by dogs shall be kept in a clean,
sanitary condition. Failure to provide adequate food, water or space
shall subject dogs to seizure and confinement. "Adequate" shall mean
sufficient for age, size and number of dogs on the premises. Upon
conviction of the owner or harborer, the dogs become the property
of the Town of Walton, to be released to an authorized humane society,
veterinarian or kennel for adoption or euthanasia.
Upon taking custody of any animal, the Dog Control Officer shall
make a record of the matter. The record shall include date of pickup,
breed, general description, sex, identification numbers, time of pickup,
location of release and name and address of owner, if any.
A.
If a dog
seized is not wearing an identification tag (license tag), it shall
be held for a period of no less than three days.
B.
If a dog
seized is wearing an identification number, the owner shall be promptly
notified, either in person or by certified mail. If the owner is notified
in person, the dog shall be held for a period of no less than seven
days; if notified by mail, no less than nine days. The owner of the
dog shall be responsible for any impoundment fee established by the
Town, plus any other expenses incurred by the municipality to humanely
care for the dog. If not redeemed, the owner shall forfeit all title
to the dog and it shall be released to an authorized humane society
or kennel to be adopted or euthanized.
Any person who observes a dog in violation of any section of
this article may file a signed complaint, under oath, with the authorized
Dog Control Officer or any peace officer, specifying the violation,
the date of violation, the damage caused, and including the place(s)
violation occurred and name and address of dog owner, if known.
A.
Any person or persons who are or may be lawfully authorized by the
Town of Walton shall, and all peace officers may, administer and enforce
the provisions of this article, and for the purpose shall have the
authority to issue summons or appearance ticket and to seize dogs
either on or off the owner's premises if witnessed to be in violation
of this article.
B.
Pursuant to New York State Criminal Procedure Law § 150.60,
a bench warrant may be issued by the court for any person or persons
to whom a summons or appearance ticket has been issued pursuant to
this article and who fails to appear before the court on the return
date specified in the summons or appearance ticket and/or any subsequent
appearance date set by the court.
[Amended 12-17-2002 by L.L. No. 1-2002; 11-9-2015 by L.L. No. 2-2015]
A.
A violation of this article shall constitute a violation as defined
in the Penal Law of the State of New York, and where prosecuted as
such shall be punishable:
(1)
By a fine of not less than $25 but not more than $250 for the first
violation of this article or of Article 7 of the New York State Agriculture
and Markets Law within the preceding five years; or
(2)
By a fine of not less than $50 but not more than $500, or by a term
of imprisonment of not more than 10 days, or by any combination of
the aforementioned fines and term of imprisonment for the second violation
of this article or of Article 7 of the New York State Agriculture
and Markets Law within the preceding five years; or
(3)
By a fine of not less than $100 but not more than $750, or by a term
of imprisonment of not more than 15 days, or by any combination of
the aforementioned fines and term of imprisonment, for any subsequent
violation after the second violation of this article or of Article
7 of the New York State Agriculture and Markets Law within the preceding
five years.
B.
Where a violation of this article is prosecuted as an action to recover
a civil penalty, such violation shall subject the violator to:
(1)
A civil penalty of not less than $25 for the first violation of this
article or of Article 7 of the New York State Agriculture and Markets
Law within the preceding five years; or
(2)
A civil penalty of not less than $50 for the second violation of
this article or of Article 7 of the New York State Agriculture and
Markets Law within the preceding five years; or
(3)
A civil penalty of not less than $100 for any subsequent violation
after the second violation of this article or of Article 7 of the
New York State Agriculture and Markets Law within the preceding five
years.
C.
Violations are cumulative only for the same type of offense, and
are not cumulative beyond five calendar years.
[Amended 12-17-2002 by L.L. No. 1-2002; 11-9-2015 by L.L. No. 2-2015]
A.
The Dog Control Officer shall be authorized to collect such surcharges
as are permitted by New York State Agriculture and Markets Law from
time to time in addition to license fees and penalties.
B.
A $10 late fee shall be imposed for each instance where an animal
required to be licensed under the provisions of this article or under
the provisions of Article 7 of the New York State Agriculture and
Markets Law is not relicensed prior the expiration date of the most
recent valid license for that animal. This fee is in addition to the
renewal fee and any criminal or civil penalties. Such late fees may
be cumulative if an animal remains unlicensed for an extended period
of time, but in no event shall such late fee be imposed more than
once per animal per calendar year.
No person shall hinder, resist, or oppose the Dog Control Officer,
peace officer, or other person(s) authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by the Dog Control Officer, peace
officer, or released to an authorized humane society or veterinarian,
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of such dog or any other
type of damages.
