The purpose and intent of this chapter shall be to preserve
the public peace and good order of the Town of Fabius, Onondaga County,
New York, to contribute to the public welfare and to the preservation
and protection of the property and person of the inhabitants of the
Town of Fabius by declaring and enforcing certain regulations and
restrictions on activities and dogs and owners of dogs within the
Town of Fabius.
This chapter is enacted pursuant to the provision of Article
7 (Chapter 59, Part T) of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
The title of the local law shall be "Dog Control Law of the
Town of Fabius."
This chapter shall not apply to any dog confined to the premises
of any incorporated society devoted to the care of lost, strayed or
homeless animals or confined to the premises of any public or private
hospital devoted to the treatment of sick animals.
As used in this chapter, the following terms shall have the
meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public,
or is on the property not owned or leased by the owner of the dog
unless permission for such presence has been obtained. No dog shall
be presumed to be at large if it is:
A.
A guide dog actually leading a blind person;
B.
A police work dog in use for police work;
C.
A dog accompanied by its owner or other responsible person and
is actively engaged in hunting or training for hunting or unposted
land or on posted land with the permission of the owner.
DOG
Any member of the species canis familiaris, whether male
or female.
OWNER
Any person who owns, harbors, keeps or has care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head
of the household where the minor resides.
RESTRAINT
A dog shall be deemed under restraint when it is controlled
by a leash or in the presence of a competent person and obedient to
that person's commands; or on or within a vehicle being driven
or parked legally, or within the property limits of its owner or keeper,
or upon the premises of another with the consent of such person.
The position of Dog Control Officer may be created by the Town
Board of the Town of Fabius, and such Dog Control Officer shall have
all the powers of a peace officer in the execution of this chapter
and in the execution of Article 7 of the Agriculture and Markets Law
of the State of New York, including the serving of appearance tickets.
Every dog seized by the Dog Control Officer shall be maintained in
a clean and humane manner, redeemed, placed for adoption or euthanized
in accordance with Article 7 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with a Justice of the Town of Fabius specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Such complaint may serve as the basis for enforcing the provisions
of this chapter.
It shall be the duty of the Dog Control Officer of the Town
of Fabius to enforce the provisions set forth in this chapter and
issue appearance tickets to the violators and summon the violator
before the Town Justice Court.
A violation of this chapter shall be deemed an offense and a
violation thereof shall be punishable by a fine of not more than $25
for the first offense, not more than $50 for the second offense, and
not more than $100 for the third and subsequent offenses.
If any section, subsection, sentence, clause, phrase or provision
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Fabius and they shall be, upon the effective date of this chapter,
null and void.
This chapter shall be effective January 1, 2011, after filing
with the Secretary of State.