[Adopted 6-16-1975 by L.L. No. 1-1975[1]]
[1]
Editor's Note: This local law also superseded
former Ch. 32, Dogs, adopted 5-13-1958, as amended.
The purpose of this article shall be to preserve
the public peace and good order in the Town of Chenango and to contribute
to the public welfare and good order of its people and prevent inhumane
treatment of dogs by enforcing certain regulations and restrictions
of the activities of dogs that are consistent with the rights and
privileges of the owners of the dogs and the rights and privileges
of other citizens of the Town of Chenango and prevent the abuse of
dogs.
The title of this article shall be "Dog Control
and Abuse Law of the Town of Chenango."
As used in this article, the following words
shall have the following respective meanings:
Any animal which, without just cause, bites, attacks or chases
or snaps at or otherwise threatens to attack any person or attacks
or wounds a dog or other domestic animal or which displays any other
fierce, vicious or dangerous propensity.
Male and female dogs, either singular or plural, both licensed
and unlicensed.
Any person authorized by the Broome County Legislature or
the Town Board of the Town of Chenango, from time to time, to enforce
the provisions of this article or the provisions of the Agriculture
and Markets Law of the State of New York.
Any person who is an owner of a dog or any person who keeps,
feeds or harbors a dog for over one week, whether it be licensed or
unlicensed. In the event that an owner of a dog shall be a minor,
the head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of said dog in violation of this article.
As applied to an animal shall describe, designate or apply
to:
Every animal which seriously and habitually
disturbs the peace and quiet of the neighborhood by habitual loud
barking or howling so as to unreasonably and habitually annoy any
person other than the owner or person harboring the dog.
Every animal which habitually chases any person
or bicycle, automobile or other vehicle upon any public highway.
Every animal which chases or otherwise harasses
any person or animal in such a manner as might reasonably cause intimidation
or put said person in reasonable apprehension of bodily harm or injury.
Every animal which causes damage or destruction
to the property on the premises, other than the owner or person harboring
such animal.
Every animal which is a dangerous animal as defined in the above definition of dangerous is hereby declared to be a public nuisance unless securely confined as set forth in § 32-5 hereof.
To be off the premises of its owner in a public place or
on private land without the knowledge, consent and approval of the
owner of such land, or is not accompanied by its owner or a responsible
person able to control the dog by command.
It shall be unlawful for any owner or any person
harboring any dog in the Town of Chenango to permit or allow such
dog to:
A.
Run at large in the Town of Chenango unless the dog
is restrained by an adequate leash or unless it is accompanied by
its owner or a responsible person able to control it by command if
such dog be off the premises of its owner in a public place or on
private land without the knowledge, consent and approval of the owner
of such land; or
B.
Become a public nuisance in the following manner:
(1)
Seriously and habitually disturb the peace and quiet
of the neighborhood by habitual loud barking or howling so as to unreasonably
and habitually annoy any person other than the owner or person harboring
the dog.
(2)
Habitually chases any person or bicycle, automobile
or other vehicle upon any public highway.
(3)
Chase or otherwise harass any person or animal in
such a manner as might reasonably cause intimidation or put said person
in reasonable apprehension of bodily harm or injury.
(4)
Cause damage or destruction to the property on premises
other than the owner or person harboring such animal.
Every dog deemed to be dangerous shall be securely
confined by leash or fence to the premises of the owner.
This article shall be enforced by the County
Dog Warden, by any peace officer or by a person having jurisdiction
under the Agriculture and Markets Law.
Any dog found running at large in violation
of this article may be seized by any dog warden, peace officer or
other designated representative of the Commissioner of Agriculture
and Markets of the State of New York, and shall be impounded and disposed
of in accordance with the provisions of Article 7 or other applicable
provisions of the Agriculture and Markets Law.
It shall be unlawful for any person in the Town
of Chenango to torture, torment, poison, deprive of necessary sustenance,
unnecessarily or cruelly beat or otherwise abuse or inadequately care
for or needlessly mutilate a dog. No person shall needlessly kill
a dog, unless otherwise authorized by law. The aforesaid prohibitions
shall not apply to persons acting in defense of self or another person
or animal.
Any person who observes a dog which is a public
nuisance or observes the abuse of a dog may file a complaint or information
under oath against the owner or person harboring a dog which is dangerous
or a public nuisance or a person which has abused a dog, setting forth
the date thereof, a description of the dog and the name and residence
of the owner or other person harboring the dog or responsible for
his acts and facts describing the violation. Upon receipt by a Town
Justice of any such complaint or information, the court may summon
the person charged to appear before it and, upon failure of said person
to appear, may issue a warrant for the arrest of said person.
Conviction of the aforesaid complaint shall
be deemed an offense and punishable by a fine not exceeding $25 or
imprisonment for a period not to exceed seven days, or both, for a
first offense; by a fine not exceeding $50 or imprisonment for a period
not to exceed 10 days, or both, for a second offense; and by a fine
not exceeding $100 or imprisonment for a period not to exceed 14 days,
or both, for a third or subsequent offense.
