The Town of Van Buren, New York, finds that
the running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, damage to property and created nuisances
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 or running at large of dogs and the
seizure thereof within the town.
The title of this article shall be the "Dog
Control Ordinance of the Town of Van Buren."
As used in this article, 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 private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A.
Leashed and accompanied by and under the immediate
supervision and control of the owner or other responsible person;
B.
Unleashed and accompanied by its owner or other
responsible person and is actively engaged in hunting or training
for hunting on unposted land or on posted land with the permission
of the owner of the land;
C.
Unleashed and being used as a registered Guide
or Seeing-Eye Dog; or
D.
A police work dog in use for police work.
BITE
Includes any abrasion of the skin.
DOG
Any member of the species Canis familiaris.
[Added 11-24-1997 by L.L. No. 7-1997]
DOG CONTROL OFFICER
The individual appointed by the Town of Van Buren to assist
in the enforcement of this article.
HARBOR
To provide food or shelter to any dog.
LEASH
A securely fastened restraint not more than six feet long
held by a responsible person.
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 Van Buren to:
B. Engage in habitual continuous loud howling, barking,
crying or whining or to conduct itself in such a manner so as to unreasonably
and habitually annoy any person.
C. Cause damage or destruction to property, or commit
a nuisance by defecating or urinating upon the premises of a person,
other than the owner of such dog.
D. Chase or otherwise harass any person or other animals
in such manner as reasonably to cause intimidation or to put such
person or other animals in reasonable apprehension of bodily harm
or injury.
E. Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
F. Disturbs scatter or rummage through rubbish and rubbish
containers in the neighborhood.
G. Be unlicensed or otherwise noncompliant with Article
II of this chapter, regardless of whether said dog is on or off the owner’s premises.
[Added 11-19-2010 by L.L. No. 6-2010]
This article shall be enforced by the Dog Control
Officer appointed by the Van Buren Town Board when acting pursuant
to his special duties.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Town of Van Buren 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 article.
The Dog Control Officer appointed by the Van
Buren Town Board, when acting pursuant to his special duties, observing
a violation of this article in his presence shall issue and serve
an appearance ticket for such violation.
[Amended 11-24-1997 by L.L. No. 7-1997; 11-19-2010 by L.L. No. 6-2010]
Except as otherwise provided in the Agriculture
and Markets Law § 118, any person convicted of a violation
of this article shall be deemed to have committed a violation and
shall be subject to a fine not exceeding $250 or imprisonment for
a period not exceeding 15 days, with a minimum fine of $10.