Except for the provisions in § 56-9A relating to setbacks for electronic pet containment systems, this chapter shall be enforced by the Dog Control Officer or Deputy Dog Control Officer or by any other law enforcement officer. The Dog Control Officer or Deputy Dog Control Officer shall be authorized to prepare informations and obtain supporting affidavits for submission to the Town Justice Court. The setback provisions in § 56-9A shall be enforced by the Code Enforcement Officer in the same manner as a zoning violation.
A.
In the event that the dog seized bears a license tag, the authorized
person seizing the dog shall, within three days thereafter, ascertain
the name of the owner and give the owner immediate notice by serving
upon the owner personally, or by certified mail, return receipt requested,
an instrument in writing stating that the dog has been seized, indicating
when, where and why the dog was seized and stating that the dog will
be disposed of unless it is redeemed or a trial is demanded. If the
instrument in writing has been served personally on the owner, then
the owner will have five days after the day of notice to redeem the
dog or demand a trial. If the instrument in writing has been served
by certified mail, return receipt requested, on the owner, then the
owner will have seven days after the day of notice to redeem the dog
or demand a trial.
[Amended 7-9-2019 by L.L. No. 1-2019]
B.
In the event that the dog seized does not bear a license tag and
the owner is unknown, the Dog Control Officer or other law enforcement
officer shall be authorized to destroy the dog seven days after impounding
or to dispose of the dog by sale or other means unless the owner redeems
the dog, if permitted, or unless a trial is demanded by the owner
within seven days of seizure.
The owner of any dog impounded by the Town of Clarkson 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 that the dog is licensed and identified
and pays a fee as follows:
A.
For the first impoundment: $20 plus $20 for each calendar day (or
part of a calendar day) period of impoundment.
B.
For the second impoundment within five years: $30 plus $20 for each
calendar day (or part of a calendar day) period of impoundment.
C.
For the third impoundment within five years: $40 plus $20 for each
calendar day (or part of a calendar day) period of impoundment.
In the event that the owner of the dog desires a trial, the
owner shall post bail as may be set by the Court, pay for the care
of the dog while 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 as soon as possible.
The rules of procedure and as to proof applicable in criminal actions
shall apply.
If an impounded dog is not redeemed or a trial demanded within
the time hereinbefore set forth, the owner shall forfeit title to
the dog, and it may thereafter be sold by the Town or destroyed by
the appropriate official as hereinafter provided.
A.
In the event that it becomes necessary to destroy a dog, the Dog
Control Officer or other law enforcement officer shall arrange through
a veterinarian for the destruction of the dog, cause the carcass to
be disposed of and make a report in writing of such destruction to
the Town Clerk. The Town Clerk shall keep a record of the destruction
for one year. Said authorized personnel also shall have the authority
to place dogs with the Monroe County Humane Society.
B.
The owner, possessor or harborer of any dog destroyed under the provisions
of this article shall not be entitled to any compensation, and no
action shall be maintainable thereafter to recover the value of the
dog.
Any person who violates or knowingly permits violation of this
chapter shall be subject to a fine of not more than $75, except that
where the person was found to have violated this chapter or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may not be more than $150; where the person was found to
have committed two or more such violations within the preceding five
years, it shall be punishable by a fine of not more than $300 or imprisonment
for not more than 15 days, or both. Nothing contained in this section
is intended to eliminate, reduce, diminish or replace the provisions
set forth in § 123 of the Agriculture and Markets Law with
respect to fines, civil penalties, imprisonment or other remedies
with respect to dangerous dog violations.
If any clause, sentence, paragraph or part of this chapter or
the application thereof to any person or circumstances shall be adjudged
by any court to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and the persons
and circumstances directly involved in the controversy in which such
judgment shall have been rendered.
Upon this chapter taking effect, the Dog Control Law of the
Town of Clarkson adopted May 14, 1974, and amended from time to time
thereafter, is superseded and therefore repealed.
