[Adopted 12-17-1979 by L.L. No. 5-1979]
The purpose and intent of this article shall
be to preserve the public peace and good order of the Town of Cazenovia,
Madison County, New York, to contribute to the public welfare and
to the preservation and protection of the property and person of the
inhabitants of said Town by declaring and enforcing certain regulations
and restrictions on activities of dogs and owners of dogs within the
Town.[1]
[1]
Editor's Note: Original § 2, Exclusions,
which immediately followed this section, was deleted 12-8-2003 by
L.L. No. 2-2003.
[Amended 12-13-2010 by L.L. No. 7-2010[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
Any dog shall be deemed at large when it is off the property
of its owner and not under restraint.
Any member of the species Canis familiaris.
Any individual appointed by the Town of Cazenovia to assist
in the enforcement of this chapter and Article 7 of the New York State
Agriculture and Markets Law or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town of Cazenovia to assist in
the enforcement of this chapter.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located with the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
A tag which sets forth an official identification number,
as required by the provisions of this chapter.
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of Cazenovia.
Any person who keeps, harbors, or is in lawful custody, of
any dog.
The person in whose name any dog was last licensed pursuant
to this chapter and/or Article 7 of the Agriculture and Markets Law,
except that if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of the Department of Agriculture
and Markets.
A dog is under restraint when it is controlled by a leash
or in the presence of a competent person and obedient to that person's
commands, or on or within a vehicle being driven or parked on the
street, or within the property limits of its owner or owner of record,
or upon the premises of another with the consent of such other person.
Town of Cazenovia Town Clerk.
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2011.
[Amended 12-8-2003 by L.L. No. 2-2003]
The position of Dog Control Officer may be created
by the Town Board of the Town of Cazenovia, and such Dog Control Officer
shall have all of the powers of a peace officer in the execution of
this article and in the execution of Article 7 of the Agriculture
and Markets Law, including the service of summons and the service
and execution of any other order of process. Every dog seized by the
Dog Control Officer shall be maintained, redeemed, sold or destroyed
in accordance with Article 7 of the Agriculture and Markets Law.
A.
No owner shall permit or allow a dog to run at large within the Town of Cazenovia, unless such dog shall be restrained as provided in the definition of "restraint" in § 52-2 herein.
B.
No dog shall be permitted to cause damage or destruction
to property, or commit a nuisance, or to defecate upon the premises
of a person, other than to or upon the premises of the owner or person
harboring such dog.
C.
No owner shall keep or harbor a dog which howls or
barks so as to disturb the peace and quiet of other persons.
D.
No dog shall be permitted to chase or otherwise harass
any person in such manner as to reasonably cause intimidation or to
put such person in reasonable apprehension of bodily harm or injury,
except in defense of property or inhabitants.
E.
No dog shall be permitted to chase or bark at moving
motor vehicles, bicycles, animals or snowmobiles.
F.
No unspayed female dog in season shall be permitted
to be outside a building or a fence enclosure, except that the owner
may exercise such dog while on a securely fastened leash not more
than six feet long.
G.
No owner shall fail to provide dogs with sufficient
good and wholesome food and water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering and
with humane care and treatment.
[Amended 12-13-2010 by L.L. No. 7-2010]
Owning or harboring a dog within the Town of Cazenovia, unless
such dog is licensed as required by the provisions of this chapter
and the Agriculture and Markets Law, shall be an offense or violation.
The fact that a dog is without a license tag, attached to a collar,
shall be presumptive evidence that the dog is unlicensed.
A.
Any person who observes a dog violating or which is being permitted to violate any of the restrictions set forth in § 52-4 herein may file a complaint, signed under oath, with the Town Justice, Town of Cazenovia, specifying the violation, the date thereof, damage, if any, caused, a description of the dog, and the name and residence, if known, of the owner or other person harboring such dog.
B.
Upon receipt by the Town Justice of any complaint
against the conduct of any particular dog, or the owner thereof, the
Town Justice shall, upon a three-day notice, summon the alleged owner
or other person harboring said dog to appear in person before him
to answer to said complaint. If the summons is disregarded, the Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
[Added 8-13-1984 by L.L. No. 4-1984; amended 12-13-2010 by L.L. No. 7-2010]
A.
The Dog Control Officer or any peace officer shall
seize any dog which is not licensed, whether on or off the owner's
premises.
B.
The Dog Control Officer or any peace officer may seize
any dog in violation of this chapter.
C.
Each dog seized shall be properly sheltered, fed and
watered.
D.
The owner of any dog impounded by the Dog Control
Officer shall be entitled to redeem that dog within five business
days, excluding the day the dog is impounded, from the day the dog
is impounded, provided that the owner produces proof the dog is licensed
and identified and pays a fee, the amount of which shall be established
by resolution of the Town Board and is on file with the Town Clerk.
Such impoundment fees may thereafter be amended by resolution of the
Town Board.
E.
As the property of the Town of Cazenovia, after receipt,
all impoundment fees shall be remitted by the Town Clerk to the Town
Supervisor on or before the fifth day of each month.
[Amended 12-8-2003 by L.L. No. 2-2003; 12-13-2010 by L.L. No. 7-2010]
A.
Except as
otherwise punishable as provided in Article 7 of the Agriculture and
Markets Law, a violation of this chapter shall be deemed a criminal
offense and a violation of this chapter shall be punishable by a fine
of not more than $25, except that:
(1)
Where
the person was found to have violated this chapter within the preceding
five years, the fine may not be more than $50; and
(2)
Where
the person was found to have committed two or more violations within
the preceding five years, it shall be punishable by a fine of not
more than $100 or imprisonment for not more than 15 days, or both.
B.
Each day
that an offense continues shall constitute a separate violation.
[Amended 12-8-2003 by L.L. No. 2-2003]
A.
Any violation of this article observed by or acted
upon by the Dog Control Officer shall subject the owner of such dog
to civil penalties which shall be in addition to or instead of such
other penalty or fine as may be provided for in this article or pursuant
to Article 7 of the Agriculture and Markets Law.
B.
For the first violation of this chapter, the Dog Control
Officer shall, upon determination and identification of the dog, serve,
mail or deliver a notice of first violation specifying the time, place,
date and nature of violation upon the owner of the dog, and which
notice shall instruct the owner to report at the Town Clerk's
office of the Town of Cazenovia, New York, in regard to said violation.
Such owner shall, within seven days of the time at which such notice
was served, mailed or delivered, pay to the Town, as additional civil
penalty for such violation, the sum of $25.
[Amended 12-13-2010 by L.L. No. 7-2010]
C.
For a second violation of this chapter within the
preceding five years, the Dog Control Officer may, upon determination
and identification of the dog, seize the same and hold the same for
redemption or otherwise as provided herein. In addition to such seizure
and in any event, whether or not such seizure is made, the Dog Control
Officer shall serve, mail or deliver to the owner of the dog a notice
of second violation, and which notice shall instruct the owner to
report to the Town Clerk's office in regard to such violation.
Such owner shall, within 12 days of the time when such notice was
served, mailed or delivered, pay to the Town, as an additional civil
penalty for such violation, the sum of $50.
[Amended 12-13-2010 by L.L. No. 7-2010]
D.
Where a person is found to have committed two or more such violations of this chapter within the preceding five years, in addition to seizure, as set forth in Subsection C, and in any event, whether or not such seizure is made, the Dog Control Officer shall serve, mail or deliver to the owner of the dog a notice of violation, and which notice shall instruct the owner to report to the Town Clerk's office in regard to such violation. Such owner shall, within 12 days of the time when such notice was served, mailed or delivered, pay to the Town, as an additional civil penalty for such violation, the sum of $100.
[Added 12-13-2010 by L.L. No. 7-2010[1]]
[1]
Editor's Note: This local law also redesignated former
Subsection D as Subsection E.
E.
Failure to make payment.
(1)
The
failure of such owner to make payment to the Town Clerk shall render
the owner subject to a civil action in the name of the Town to recover
from the owner the applicable penalty established in this section.
(2)
Each
day that failure continues shall constitute a separate violation.
[Added 12-13-2010 by L.L. No. 7-2010]
