[Adopted 11-6-2002 by L.L. No. 1-2002]
A.
This article of the Town of Bristol, Ontario County, New York (the
"Town"), shall be known as the "Dog Nuisance Law."
B.
The purpose and intent of this article shall be to preserve the public
peace and good order in the Town of Bristol and to contribute to the
public welfare and the preservation and protection of the property
and residents of the Town by declaring and enforcing certain regulations
and restrictions on activities of dogs and owners of dogs within the
Town of Bristol which supplement and complement the regulations and
restrictions heretofore enacted by the Legislature of the State of
New York.
As used in this article, the following terms shall have the
meanings indicated:
Person under 18 years of age, unless emancipated.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog(s). 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 acting in loco parentis where the minor resides,
as well as in the custody and control of the minor.
The Town of Bristol.
It shall be unlawful for any owner of a dog or dogs in the Town
of Bristol to permit or allow such a dog or dogs to:
A.
Howl or bark habitually, continuously or regularly for periods in
excess of one hour so as to disturb the peace, quiet, health, or well-being
of other persons.
B.
Roam freely alone or with others off the real property of the owner
in a manner which does injure, harass or threaten other persons or
domestic animals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to permit an accumulation of dog feces
on a property which results in a hazard to health or that makes travelers
or residents in the vicinity uncomfortable due to odor and/or other
harmful condition, or which attracts flies or other insects or animals,
thereby creating, in the judgment of the New York State Department
of Health, the Town Health Officer and/or Board of Health, the Town
Code Enforcement Officer or such other qualified agency or agent as
may in advance be designated to exercise such judgment by the Town,
an unsanitary condition to which may facilitate the spread of disease
and endanger health, or which renders soil, water or food impure or
unwholesome, or which endangers public comfort and repose.
A.
A proceeding pursuant to this article may only be commenced by the
filing of a complaint which must be submitted in writing and shall
include the name, address and telephone number of the complainant,
as well as the address of the dog's owner and a description of the
objectionable conduct or condition.
B.
Upon receiving a written complaint, the Town Clerk shall facilitate
and encourage resolution of the issues by attempting to cause discussions
and/or meetings between and among the parties. Upon failure of resolution,
the Town Clerk shall transfer the matter within 30 days to the Bristol
Code Enforcement Officer.
C.
Upon receiving a written complaint, the Bristol Code Enforcement
Officer shall cause the following to be performed:
(1)
Issue notice of the objectionable conduct or condition to the dog
owner or custodian of the dog.
(2)
Notice shall adequately describe the facts of the complaint and provide
a copy of this article to assist the dog owner in recognizing and
correcting the problem.
(3)
Notice shall include a statement that:
(a)
The alleged objectionable conduct or condition must be corrected
within 30 days of the date of notice after which an enforcement proceeding
may, in the discretion of the Town Clerk and/or Town Attorney, be
commenced in Town Court by the Town Clerk; or
(b)
The owner may seek to have the dispute mediated through the
offices of the Town Attorney or such other person or persons as shall
be designated from time to time by the Town Board; or
(c)
The owner may dispute the existence of the alleged objectionable
conduct or condition, in writing, within said thirty-day period or
not respond in any manner within said time period, in which instance
an enforcement proceeding may, at the discretion of the Town Clerk
and/or Town Attorney, be commenced in Town Court by the Town Clerk.
A.
The Town Justice of the Town may fine or imprison any owner who is
convicted of any violation of this article.
B.
Any person convicted of a violation of this article shall be punished
by a fine not to exceed $250 or by imprisonment for a term not to
exceed 15 days, or both such fine and imprisonment. A second or subsequent
conviction shall be subject to a fine not to exceed $500 and by imprisonment
for a term not to exceed 15 days. Each week of continued violation
shall be deemed to be a separate violation.
This article shall take effect immediately upon compliance with
the laws of the State of New York regarding filing and publication.
