[Adopted 12-3-1997 by L.L. No. 3-1997]
The purpose of this article is to protect the health, safety, and well-being of persons and property by imposing restrictions and regulations upon keeping or running at large of dogs and the seizure thereof within the Town of Sullivan, outside the Village of Chittenango and the designated residential areas governed by Local Law No. 2-1993.
This article is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article is the "Town of Sullivan Dog Control Local Law."
As used in this article, the following terms shall have the meanings indicated:
- AGGRIEVED PERSON
- Any person who is wronged, damaged or injured by a dog violating this article.
- AT LARGE
- Any dog that is unsupervised and on property open to the public or is on private property not owned or leased by the owner of the dog unless verified permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
- A. Accompanied by and under the immediate supervision and control of the owner or other responsible person;
- B. A police work dog in use for police work;
- C. 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; or
- D. On a public highway traveling from private property owned or leased by the owner of the dog, or for which verified permission for the dog's presence has been obtained, to like private property.
- Any members of the species canis familiaris.
- To provide food or shelter to any dog.
- Any person who harbors or keeps any dog. In the event 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, all as defined in Article 7 of the Agriculture and Markets Law.
It shall be unlawful for any owner of any dog to permit or allow such dog, in the Town of Sullivan, outside of the Village of Chittenango, to:
Be at large;
Engage in loud howling, barking, crying, or whining in such a manner so as to continually disturb the peace and quiet of others;
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 or leased by the owner of the dog; or
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, other than upon the premises of the owner of such dog or leased by the owner of the dog.
In any enforcement proceeding hereunder, it shall be presumed that an unsupervised dog on the premises of one other than its owner is there without consent of the owner of such premises, unless the owner of the dog proves such consent.
Each dog seized in accordance with the provisions of Article 7 of the Agriculture and Markets Law or the provisions of this article shall be properly sheltered, fed, and watered for the redemption period as hereinafter provided. Each dog which is not identified, whether licensed or not, shall be held for a period of five business days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of the Agriculture and Markets Law, and further provided that the owner first pays the following impoundment fees and costs to the Town Clerk:
Twenty dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the first impoundment of any dog owned by that person.
Fifty dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.
[Amended 8-1-2007 by L.L. No. 2-2007]
One hundred dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundment within one year of the first impoundment of any dog owned by that person.
[Amended 8-1-2007 by L.L. No. 2-2007]
All other costs, including veterinarian charges, arising out of the seizure of a dog as provided by this article.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fee and costs set forth in this § 105-9, whether or not the owner chooses to redeem the dog.
All fees as hereinbefore provided shall be payable to the Town Clerk.
Promptly upon the seizure of any identified dog, the owner of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of the seizure and the procedure for redemption. If notification is personally given, each dog shall be held for a period of seven days after the day of notice. If such notification is made by mail, such dog shall be held for a period of 10 days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment to the Town Clerk of the impoundment fees herein prescribed and by producing proof that the dog has been licensed.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period.
An aggrieved person may file a complaint, signed under oath, with the Town Justice, specifying the violation, the date thereof, the damage, if any, caused, a description of the dog, and the name and residence address, if known, of the owner or other person harboring the dog alleged to have violated this article.
Upon receipt by the Town Justice of the complaint provided for in Subsection A, the Town Justice shall, upon a minimum of three days' notice, summon the alleged owner or other person harboring the dog alleged to have violated this article to appear in person before him to answer the complaint. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
Nothing herein contained shall be deemed to prevent the Dog Control Officer or Animal Control Officer of the Town from enforcing Article 7 of the Agriculture and Markets Law and this article.
Any person convicted of a violation of any provisions of this article shall be punished by:
A fine up to $25 for a first violation;
A fine up to $75 for a second violation within the preceding one year;
A fine up to $200 for a third violation within the preceding five years;
For a third violation in one year as aforesaid, such dog may, at the discretion of the Town Justice, be made available for adoption or euthanized in accordance with Article 7 of the Agriculture and Markets Law.
All requests made to the Town Board for the modification or amendment of this article shall first be referred to the Citizens Dog Law Review Committee, as from time to time constituted, for its review and recommendation.