[HISTORY: Adopted by the Town of Alfred as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Special Town Meeting 6-10-1980;[1] amended 10-28-1996 STM by Art. 9; 3-8-2002 ATM by Art. 5]
[1]
Editor's Note: This Article also provided that these provisions
are in addition to the state laws regarding dogs.
The Dog Officer shall have the authority to incarcerate any stray dog
up to 10 days, and if said dog is not claimed within 10 days, it will be disposed
of at the discretion of the Dog Officer. If said dog is claimed within this
period of time, the owner will pay all expenses and fees to the Dog Officer
at that time.
A.
The Dog Officer shall answer any and all complaints of
dogs disturbing the peace. It shall be a violation of this article for anyone
owning, possessing or harboring any animal which barks, howls or makes other
sounds common to its species continuously for 20 minutes or longer, or intermittently
for one hour or more so as to disturb the peace of any abutting property owner
or the general public.
B.
Exceptions. This section shall not apply if the animal
is barking or making other sounds at trespassers, or a threatening trespasser
on private property on which the animal is situated.
The Dog Officer shall issue warrants to all owners of unlicensed dogs
as of March 1 of each year, and said officer shall receive from the Town Clerk
his compensation as authorized by state statute.
[Added 3-9-2007 ATM by Art. 30]
A.
It shall be a violation of this ordinance for any person
who owns, possesses, or controls a dog to fail to remove and dispose of any
feces left by his/her dog on any Town-owned property within the Town of Alfred,
as well as any public roadway (including the unpaved portion) and any private
property within the Center Village District of the Town of Alfred, excepting
property belonging to the animal's owner or keeper.
B.
Disposal. For the purpose of this section, the means
of removal shall be by any tool, implement, or other device carried for the
purpose of picking up and containing such feces. Disposal shall be accomplished
by transporting such feces to a toilet or other appropriate waste receptacle.
C.
Exemptions. Working police dogs while on duty or a certified
aide dog accompanying any person who, by reason of his/her handicap, is physically
unable to comply with the requirements of this section.
A.
Any person found in any violation of any provision contained in Chapter 84, §§ 84-1, 84-2, 84-3, 84-4 after one written warning which shall be issued by the Animal Control Officer, shall be subject to a minimum fine of $50 and a maximum fine of $250 for each day the offense continues. In setting a penalty the Animal Control Officer and/or the court shall consider, but is not limited to consider, the following:
B.
The Animal Control Officer shall be entitled to file
a complaint in the District Court on behalf of the Town to seek the enforcement
of this article. In the event that a complaint is filed in the District Court
and the Town is the prevailing party, the Town must be awarded reasonable
attorney's fees, expert witness fees and costs.