This article shall be known as the "Dog Control
Law of the Town of Concord, New York."
The purpose of this article shall be to preserve
the public peace and good order in the Town and protect the public
welfare, safety and good order of its people by establishing certain
regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of owners of dogs and of other residents
of the Town of Concord.
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
A dog shall be deemed to be at large if not under the control
of the owner or his or her agent and elsewhere than on the premises
of the owner or on the premises of another who has knowledge of the
dog's presence thereon and assents thereto.
DOG
Any dog of either sex and of any age unless otherwise indicated
herein.
DOG CONTROL OFFICER
Person(s) appointed by the Concord Town Board in accordance
with § 114 of the Agriculture and Markets Law.
OWNER
Includes any person who owns, keeps or harbors or has care
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of the minor's parents or other head of the household
where the minor resides.
SERVICE OF NOTICE
Shall be by certified mail or personal delivery to the owner
or another person at the last address reflected on the application
to license the dog or, if it is unlicensed, then upon the owner, if
ascertained, or another person or by certified mail. A notice tacked
on the door of the residence shall be deemed sufficient notice.
No person being the owner or agent of the owner
of any dog shall permit such dog to commit any nuisance within the
Town of Concord or cause damage to the person or property of others.
The following are declared public nuisances and are set forth herein
for explanatory purposes only and are not to be considered as excluding
other types of nuisances:
A. Engaging in loud howling or habitual barking or so
conducting itself so as to disturb the public peace. The Dog Control
Officer shall be responsible for calls until 11:00 p.m. After 11:00
p.m., complaints shall be directed to the Erie County Sheriff's Department.
B. Chasing
and/or barking at moving vehicles or persons on foot or on a bicycle
or at other domestic or farm animals.
[Amended 7-10-2014 by L.L. No.
3-2014]
C. Jumping upon any person or knocking any person over.
D. Causing damage to property of others, including garbage
containers.
E. Depositing waste on the private property of another
who does not have knowledge of the dog's presence thereon and does
not assent thereto.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
The Dog Control Officer or a law enforcement
officer shall investigate all written and oral complaints and seize
any dog which is found at large within the Town of Concord in violation
of this article as well as any dog or dogs otherwise required to be
seized by virtue of the Agriculture and Markets Law of the State of
New York.
[Amended 6-9-2005 by L.L.
No. 2-2005]
Any dog reported by the owner to the Dog Control
Officer as being lost or stolen and later recovered by the Dog Control
Officer or law enforcement officer may not be subject to the fees
hereinbefore established if said dog is redeemed within two days of
notice of recovery.
[Amended 10-8-2009 by L.L. No. 3-2009]
A. Any person committing an offense against any of the provisions of
this article shall be punishable, upon conviction, by a fine of $25
for the first violation, $50 for the second violation and $100 for
the third and subsequent violations.
B. The owner of a dog who is issued an appearance ticket may answer
the same by registered or certified mail, return receipt requested,
within five days of the violation(s), as hereunder provided, in lieu
of a personal appearance on the return date at the time and court
specified in said appearance ticket.
C. In the event that there is a violation of this article based upon
an information and not an appearance ticket and the owner of the dog
demands a trial, the owner shall post bail of $25, pay for the care
of the dog while it is impounded and demand, in writing, a trial.
The Dog Control Officer or other law enforcement officer shall immediately
proceed to file an information with a Town Justice so that the matter
will appear on the docket of the Town Justice Court as soon as possible.
The rules of procedure and proof applicable in criminal actions shall
apply.
D. There shall be a fifty-dollar charge to be paid by the owner of the
surrendered animal, which covers the cost of removal to the SPCA or
other humane agency.