[Adopted 1-14-1981]
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:
A. 
Be at large.
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.
A. 
Any dog found in violation of the provisions of § 86-4 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
[Amended 11-19-2010 by L.L. No. 6-2010]
B. 
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 117 of the Agriculture and Markets Law.
[Amended 11-19-2010 by L.L. No. 6-2010]
C. 
The owner of any dog impounded by Town of Van Buren shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified pursuant to Article II of this chapter and pays the required fee pursuant to Article III of this chapter.
[Amended 11-19-2010 by L.L. No. 6-2010]
D. 
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
E. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
[Amended 11-19-2010 by L.L. No. 6-2010]
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.