[Adopted 12-30-1963; amended 12-6-2010 by L.L. No. 02-2010]
As used in this article, the following terms shall have the
meanings indicated:
DOG
Any member of the species Canis familiaris, whether male
or female,
OWNER
A person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost, and such loss was promptly
reported to the dog control officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation, who
or which at any time owns or has custody or control of, harbors, or
is otherwise responsible for any dog which is kept, brought or comes
from within the Town. Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the owner of such dog
for the purpose of this article. In the event the owner of any dog
found to be in violation of this article shall be under 18 years of
age, the head of the household in which said minor resides shall be
deemed to have custody and control of said dog.
TOWN
The Town of Pendleton, New York.
Any violation of this article is punishable under § 118
the Agriculture and Markets Law of the State of New York.
[Adopted 11-4-1992 as L.L. No. 6-1992]
The Town of Pendleton, New York finds that the
uncontrolled behavior of dogs has caused physical harm to persons,
damage to property and created a nuisance within the town. The purpose
of this article is to protect the health, safety and well-being of
persons and property by imposing restrictions and regulations upon
the keeping of dogs and the seizure thereof within the town.
This Article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog
Law of the Town of Pendleton."
As used in this article, the following terms
shall have the meanings indicated:
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
It shall be unlawful for any owner of any dog
to permit or allow such dog in the Town of Pendleton to:
A. Repeatedly trespass on private property not owned
or leased by the owner of the dog, unless permission for such presence
has been obtained.
B. Engage in sustained and repeated loud vocalization
so as to repeatedly annoy any person.
C. Cause damage or destruction to property or repeatedly
commit a nuisance by defecating or urinating upon the premises of
a person other than the owner of such dog. The owner of any dog shall
immediately remove all feces deposited by such dog by any sanitary
method approved by the local health authority.
D. Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually chase, run alongside of or bark at motor
vehicles or bicycles in the road right-of-way or on property other
than that of the owner of the dog.
F. Be in any town park or designated area in the town
unless under the control of a competent person and on a six-foot lead
for any reason except for dog shows or other functions approved by
the Town Board.
G. Be in the town park on any Fourth of July after dusk.
This Article shall be enforced by any dog control
officer, peace officer, when acting pursuant to his special duties,
or any police officer within the jurisdiction of the Town of Pendleton.
Any person who observes a dog in violation of
this article may file a written complaint under oath with the Dog
Control Officer or any police officer of the Town of Pendleton 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.
Only such complaint may serve as the basis for enforcing the provisions
of this article. The owner of such dog must be notified by the Dog
Control Officer of the complaint and the complainant's identity.
Any dog control officer, peace officer, when
acting pursuant to his special duties, or police officer in the employ
of or under contract to the Town of Pendleton having reasonable cause
to believe that a person has violated this article shall issue and
serve upon such person an appearance ticket for such violation and
file a supporting deposition within the Town Justice Court before
the return date of the appearance ticket.