This article shall be known and cited as the "Dog Control Law
of the Town of Lyons, New York."
The purpose of this article shall be to preserve the public
peace and good order in the Town of Lyons, and to contribute to the
public welfare, health, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the dogs' owners
and the residents of the Town of Lyons.
Any dog which shall bite or attack any person or domestic animal
within the meaning of Article 7 of the Agriculture and Markets Law
of the State of New York shall be dealt with in accordance with Article
7 of the Agriculture and Markets Law.
It shall be unlawful for any person keeping or harboring a dog
or dogs to fail to keep the premises where such dog or dogs are kept
free from offensive odors to the extent that such odors are disturbing
to any person residing within reasonable proximity of said premises.
It shall be unlawful to allow the premises where a dog or dogs are
kept to become unclean and a threat to public health by failing diligently
and systematically to remove all animal waste from the premises.
If a dog is not redeemed as provided in § 117 of the
Agriculture and Markets Law, a dog may be made available for adoption,
provided that the new owner shall pay the impounding fee and the actual
cost of harboring such dog. A dog may also be disposed of pursuant
to § 88 of the General Municipal Law without the payment
of any fees or costs.
The Animal Control Officer and any peace officer authorized
by the Town to assist in the enforcement of this article and Article
7 of the Agriculture and Markets Law shall have the authority to issue
an appearance ticket pursuant to the Criminal Procedure Law or, in
lieu thereof, a uniform appearance ticket as provided in Agriculture
and Markets Law § 113.
Any person convicted of a violation of this article shall be
liable to a civil penalty not exceeding $100 for a first violation,
not exceeding $200 for a second violation, and not exceeding $300
for each subsequent violation. The Town may, by resolution, change
these fees at any time.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
Any Justice of the Town of Lyons shall have jurisdiction of
all actions and proceedings hereunder and of all prosecutions for
violation of this article.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable. This article shall take effect immediately after
filing with the Secretary of State.