The Town Board of the Town of Horseheads finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and damage to property and have 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 on the keeping and running at large of dogs within the Town.
[Adopted 1-9-1980 by L.L. No. 1-1980]
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law of the Town of Horseheads."
As used in this article, the following words shall have the following respective meanings:
Male and female, licensed and unlicensed, members of the species Canis Familiaris.
A Dog Control Officer on or after January 1, 1980.
[Amended 10-4-1995 by L.L. No. 5-1995]
The person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog unless the dog is or has been lost and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article, shall be held and deemed to be the "owner" of such dog for the purpose of this article. In the event that the "owner" of any dog found to be in violation of this chapter shall be under 18 years of age, 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 the said dog and violation of this article.
[Amended 10-4-1995 by L.L. No. 5-1995]
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
The Town of Horseheads.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
A.
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
C.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof.
D.
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place or upon private property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property.
G.
If a female dog, when in heat be off the owner's premises unrestrained by a leash.
[Amended 10-4-1995 by L.L. No. 5-1995]
A.
The procedure for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 68-5A of this article are as follows:
(1)
Seizure.
(b)
Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Article 7 of the Agriculture and Markets Law and see that the order of the Town Justice in such case is carried out.
(2)
The Dog Control Officer or peace officer having reasonable cause to believe that a person has violated this article shall issue and serve upon such person an appearance ticket for such violation.
(3)
Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice of the Town 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.
[Amended 10-4-1995 by L.L. No. 5-1995; 9-14-2005 by Res. No. 107-2005]
Except as otherwise provided in § 119 of the Agriculture and Markets Law, any person convicted of a violation of this article shall be liable to a civil penalty of a minimum amount of $25 for a first violation, of a minimum amount of $50 for a second violation and of a minimum amount of $100 for each subsequent violation.