This article is adopted pursuant to the authority of § 10
of the Municipal Home Rule Law and shall be known as the "A local
law of the Town of Walton amending Local Law No. 2 of the year 2002
relating to Dangerous Dog Regulation and Protection."
This article shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by dangerous dogs.
The owner shall not be liable pursuant to §
75-19 of this article if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in Subdivision 1 or 2 of § 130.35 of the Penal Law, criminal sexual act in the first degree as defined in Subdivision 1 or 2 of § 130.50 of the Penal Law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.
Nothing contained in this section shall limit or abrogate any
claim or cause of action any person who is injured by a dog with a
vicious disposition or a vicious propensity may have under common
law or by statute. The provisions of this section shall be in addition
to such common law and statutory remedies.
Nothing contained in this section shall restrict the rights
and powers derived from the provisions of Title 4 of Article 21 of
the Public Health Law relating to rabies and any rule and regulation
adopted pursuant thereto.
Persons owning, possessing or harboring dangerous dogs shall
report the presence of such dangerous dogs pursuant to § 209-cc
of the General Municipal Law.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.