The Town Board of the Town of Albion 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 chapter
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.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law (as amended by Chapter 59, Part
T, of the Laws of 2010) and the Municipal Home Rule Law of the State
of New York.
The title of this chapter shall be "Dog Control Law of the Town
of Albion."
As used in this chapter, the following words shall have the
following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
CONFINED
That such animal is securely confined or restrained and kept
on the owners premises, either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place; or, if the animal is being transported by the
owner, that it is securely confined in a crate, or other container,
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Orleans County Legislature or
the Town Board of the Town of Albion from time to time to enforce
the provisions of this chapter or the provisions of the Agriculture
and Markets Law.
HARBOR
To provide food or shelter to any dog.
OWNER
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 chapter, shall be held and deemed to be the owner of such
dog for the purpose of this chapter. 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 said dog in violation of this chapter.
RECREATIONAL AREAS
Any real property owned by the Town of Albion which is used
for recreational purposes by the public, including, but not limited
to, parks or playgrounds.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
SCHOOL PREMISES
Any real property situate within the Town of Albion which
is used for educational purposes or purposes incidental thereto.
TOWN
Designates the area within the corporate limits of the Town
of Albion, outside the Village of Albion.
The Dog Control Officer or any peace officer observing a violation
of this chapter in his or her presence shall issue and serve an appearance
ticket for such violation. Said violation should be considered a petty
offense and not a misdemeanor.
Any person convicted of a violation of this chapter shall be
liable to a civil penalty of $50 for a first violation, $100 for a
second violation and $200 for each subsequent violation.