It shall be unlawful for any person to permit any horses, cattle,
swine, pigs, sheep, goats, or any other farm animal to run at large
in the Town of Kingsbury.
The owner of any other domestic animals or pets, including but
not limited to all species of lizard, snake, spider, bird, rat, mouse,
guinea pig or rabbit, shall maintain said other domestic animal or
pet in a cage or appropriate container at all times when said other
domestic animal or pet is outside the premises of the owner.
It shall be unlawful for any owner of or any person owning or
harboring any dog in the Town of Kingsbury to permit or allow any
such dog to:
A. Engage in a noise disturbance that is created by a dog barking, howling,
crying or whining continually for 10 minutes or intermittently for
30 minutes.
B. Cause damage or destruction to the property of or commit a nuisance
upon the premises of a person other than the owner or person(s) harboring
such dog without the consent or approval of the owner of such premises.
C. Chase, jump on or at, or otherwise harass any person in such a manner
as would reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
D. Attack, chase or worry any domestic animal, as defined by § 108
of the Agriculture and Markets Law.
E. Habitually chase or bark at motor vehicles, motorcycles or bicycles
while on a public street, highway or place, or upon private property
without the consent or approval of the owner of such property.
F. Be off the premises of the owner or harborer unless restrained by
a leash to be held by a person of sufficient strength and ability
to adequately restrain the dog. Such dog may be unleashed while off
the owner's or harborer's premises only on such occasions
as when such dog is on the private premises of another with the knowledge,
consent and approval of such person.
G. No dog, whether leashed or unleashed, shall be in any restaurant,
grocery or commercial establishment which sells food for human consumption
except for a service dog or police work dog.
H. No person who owns or harbors a dog shall permit the premises, structures
or enclosures in which such dog is kept to be unclean or unsanitary
whether on account of dog feces or otherwise.
This article shall not apply to a service dog or police work
dog during such time as such dogs are performing the functions for
which they are trained.
Procedures relating to dangerous dogs shall be in accordance
with the relevant provisions of the Agriculture and Markets Law.
A. In the event of a complaint of an attack upon a person or of an attack,
chase or worrying of a domestic animal, the Court shall immediately
determine if there is probable cause to believe the dog is a dangerous
dog, and upon if so finding, shall order the Dog Control Officer or
law enforcement officer to immediately seize the dog pending a judicial
hearing conducted in accordance with the provisions of the Agriculture
and Markets Law.
B. If satisfied that said dog is a dangerous dog, the Court may order
the Dog Control Officer or other law enforcement officer to take any
action consistent with the provisions of the Agriculture and Markets
Law including the destruction of the dog, or take any other action
prescribed herein. In the event that any person is bitten by said
dog, the Court shall order the dog tested for rabies or quarantined
for a period of 10 days. The rabies testing and/or quarantine shall
be at the owner's expense.
C. In the event that the Court does not order the dog destroyed and
determines that said dog is a dangerous dog within the meaning of
the Agriculture and Markets Law, the owner of the dog shall be required
to:
(1) Maintain liability insurance policy in an amount determined by the
Court, but in no event in excess of $100,000 for personal injury or
death resulting from an attack by such dangerous dog;
(2) Muzzling of the dog whenever it is on public premises in a manner
that will prevent it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration;
(3) Post the property where the dog is located with a notice of "Beware
of Dog" or "Dangerous Dog" warning signs on every side of the property
no more than 100 feet apart and at each and every access point (i.e.
entry way, door and gates); and
(4) Any other and further requirements as directed at the discretion
of the Town of Kingsbury Town Court.
D. Upon default of any of the conditions of a court order, said dangerous
dog and owner shall be dealt with in accordance with the law and/or
applicable Court order.
An offense against any provision of this article shall be punishable:
A. By a fine of not less than $50 and not more than $200 for the first
offense. Where a person has been found to have violated this article
within the preceding five years, the fine may not be less than $200
and not more than $500, and where the person has been found to have
committed two or more violations of this article within the preceding
five years, the offense shall be punishable by a fine of not less
than $250 and no more than $1,000 or imprisonment for not more than
15 days, or both.
B. In addition to the penalties imposed for violations of this article,
the person found to have violated this article must pay administrative
fines as set forth hereinafter for the cost of seizure and kennel
fees.
C. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
D. Upon presentation of proof of payment of any and all fines and/or
penalties, the Dog Control Officer or other law enforcement officer
shall release any dog impounded to its owner or harborer, provided
that the release of the dog is consistent with any court determination
made with respect to the dog.