[Adopted 8-18-1975 (Ch. 26, Art.
I, of the 1974 Code)]
This article shall be known as "An Ordinance
of the Town of Geddes Regulating the Running at Large of Dogs in the
Town of Geddes, New York."
[Amended 1-9-2001 by L.L. No. 1-2001]
It is the purpose of this article to protect
the health, safety and general welfare of the inhabitants of the Town
of Geddes by regulating the running at large of dogs in the Town of
Geddes, New York, so as to afford consistent protection with the rights
and privileges of owners of dogs and the rights and privileges of
other citizens in the Town of Geddes, New York. This article is enacted
pursuant to the authority conferred upon the Town Board pursuant to
§ 130, Subdivision 9, of the Town Law and Article 7 of the
Agriculture and Markets Law of the State of New York and other applicable
statutes pertaining thereto; and this article is for the purpose of
regulating the running at large of dogs, whether licensed or not.
[Amended 12-14-2010 by L.L. No. 4-2010]
As used in this article, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
ADOPTION
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town of Geddes to assist
in the enforcement of this chapter and Article 7 of the New York State
Agriculture and Markets Law or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town of Geddes to assist in the
enforcement of this chapter.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located with the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag which sets forth an official identification number,
as required by the provisions of this chapter.
IDENTIFIED DOG
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
OWNER
Any person who keeps, harbors, or is in lawful custody, of
any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this chapter and/or Article 7 of the Agriculture and Markets Law,
except that if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
maybe required by the Commissioner of the Department of Agriculture
and Markets.
RUNNING AT LARGE
Running, walking or otherwise roaming about without being
restricted or restrained by a leash, cord, or chain not longer than
six feet in length held by a person of sufficient size, strength and
ability to effectively control and restrict the movements of such
dog.
[Added 11-5-1986; amended 4-13-2004 by L.L. No.
2-2004; 10-14-2014 by L.L. No. 3-2014]
Dogs communicate vocally; they may bark, whine,
or howl for attention, food, as a warning, or for other reasons. A
good dog owner will understand his/her dog's vocal behavior and react
appropriately to prevent it from becoming a nuisance to others. When
the dog owner does not address his/her dog's vocal behavior and allows
its long continuance to become a disturbance to others, the Dog Control
Officer may cite the owner for violating this article.
[Amended 2-11-1980; 10-2-1984; 1-9-2001 by L.L. No. 1-2001; 12-14-2010 by L.L. No. 4-2010; 3-12-2019 by L.L. No. 3-2019]
A. The
fact that a dog runs at large within the Town of Geddes shall be presumptive
evidence that the owner permitted the dog to run at large in violation
of this article. Except as otherwise provided in § 119 of
the Agriculture and Markets Law, any violation of this article shall
be an offense punishable, upon conviction thereof, for the first offense
by a fine of not more than $50, for the second offense by a fine of
not more than $100 and for the third violation and all subsequent
violations occurring within six months of the first violation by a
fine of not more than $250.
B. In
addition to the payment of any penalty or fine prescribed by this
article, the owner of any dog impounded shall be entitled to redeem
such 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 that the dog is properly licensed and identified, and pays a
redemption fee, the amount of which shall be established by resolution
of the Town Board and is on file with the Town Clerk. Such fees may
be amended by resolution of the Town Board.
C. All impoundment fees shall be the property of the Town of Geddes
and shall be collected by the Town Clerk. The Town Clerk shall remit
all impoundment fees to the Town Supervisor on or before the fifth
day of each month.
[Amended 2-9-1976; 1-9-2001 by L.L. No. 1-2001]
A. Peace officers, Dog Control Officers or designated
representatives of the Commissioner of Agriculture and Markets duly
authorized to act as such within the Town of Geddes shall seize any
dog running at large in violation of this article or Article 7 of
the Agriculture and Markets Law. No such Dog Control Officer, peace
officer or authorized representative shall be required to enforce
the provisions of this article, except upon a written complaint signed
by the person making the complaint and filed with the Dog Control
Officers, peace officer or authorized representative, or unless he
personally witnesses the violation. All dogs seized pursuant to these
regulations, both identified and unidentified, shall be held, impounded,
redeemed and adopted or euthanized pursuant to the provisions of § 118
of the Agriculture and Markets Law of the State of New York. Promptly
upon seizure of any identified dog, notice shall be given by such
peace officer, Dog Control Officer or representative to the owner
or person having custody of the dog personally or by certified mail,
return receipt requested, and in accordance with § 118 of
the Agriculture and Markets Law. All seized dogs shall be kept in
a kennel or building or place provided by the Town of Geddes and shall
be properly fed and cared for.
B. The Dog Control Officer, peace officer or other designated
representative, having reasonable cause to believe a violation of
this article has been committed in his presence, shall issue and serve
an appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by this Board, by resolution, in accordance
with the provisions of Article 7 of the Agriculture and Markets Law
and this article. An answer to such appearance ticket shall be made
within five days of the violation, by registered or certified mail,
return receipt requested, in lieu of a personal appearance on the
return date at the time and court specified in the appearance ticket,
in accordance with the provisions of Article 7 of the Agriculture
and Markets Law and this article. The form of an appearance ticket
will be as follows. (The appearance ticket is on file and available
in the Town Clerk's office.)
[Adopted 9-25-1979 (Ch. 26, Art.
II, of the 1974 Code); amended 12-14-2010 by L.L. No.
4-2010]
[Amended 3-12-2019 by L.L. No. 3-2019]
A. In addition to the payment of any penalty or fine prescribed by this
article, the owner of any dog impounded shall be entitled to redeem
such 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 that the dog is properly licensed and identified, and pays a
redemption fee, the amount of which shall be established by resolution
of the Town Board and is on file with the Town Clerk. Such fees may
be amended by resolution of the Town Board.
B. All impoundment fees shall be the property of the Town of Geddes
and shall be collected by the Town Clerk. The Town Clerk shall remit
all impoundment fees to the Town Supervisor on or before the fifth
day of each month.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.