[HISTORY: Adopted by the Town Board of the Town of Brant: Art. I, 11-14-1979
as L.L. No. 5-1979; Art. II, 6-13-1995
as L.L. No. 2-1995. Sections 79-3G and 79-12 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 112.
[Adopted 11-14-1979 as L.L. No. 5-1979]
The purpose of the law shall be to preserve public peace and good order
in the Town of Brant and to promote the public health, safety and welfare
of its people by enforcing regulations and restrictions on the activities
of dogs that are consistent with the rights and privileges of dog owners and
the rights and privileges of other citizens of the Town of Brant.
As used in this Article, the following terms shall have the meanings
indicated:
An unleashed dog off the premises of the owner, unless accompanied
by its owner or a responsible person able to control said dog. Exception:
For the purpose of this Article, a dog hunting in company with a hunter or
hunters or a dog working for a farmer or farmers shall not be deemed to run
"at large."
Both male and female dogs.
A person or persons appointed by the town for the purpose of enforcing
this Article.
Restrained by a leash attached to a collar or harness of sufficient
strength to restrain the dog and which shall be held by a person having the
ability to control the dog.
Includes any person who keeps, harbors or has custody, care or control
of a dog. Dogs owned by minors shall be deemed to be in custody and control
of parents or other head of the household where the minor resides. Any person
harboring a dog for a period of one week shall be deemed to be the "owner"
of the dog for purposes of enforcing this Article.
It shall be unlawful for any owner of a dog in the Town of Brant to
permit or allow such dog to:
A.
Run at large.
B.
Engage in habitual loud howling, barking or whining or
to conduct itself in such a manner as to habitually annoy any person other
than the owner or harborer of the dog.
C.
Cause damage or destruction to public or private property,
defecate, urinate or otherwise commit a nuisance upon the property of other
than the owner or harborer of the dog.
D.
Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person in reasonable
apprehension of bodily harm or injury.
E.
Chase, leap upon or otherwise harass bicycles or motor
vehicles.
F.
Kill or injure any dog, cat or other household pet.
G.
Be unlicensed when six months of age or older unless
participating in a dog show.
[Amended 9-16-1992 by L.L. No. 2-1992]
H.
Not have a current and valid New York State identification
tag on its collar, whether or not restrained by an adequate leash.
All female dogs shall be confined to premises of their owner while such
are in season (heat) and may not be left outside unattended. Any owner not
adhering to this rule will be subject to having the dog seized by the Dog
Control Officer and removed to a safe place of confinement.
All premises occupied or used by dogs shall be kept in a clean, sanitary
condition. Failure to provide adequate food, water or space shall subject
dogs to seizure and confinement. "Adequate" shall mean sufficient for age,
size and number of dogs on the premises. Upon conviction of the owner or harborer
of this section of this Article, the dogs become the property of the Town
of Brant to be released to an authorized humane society, veterinarian or kennel
for adoption or euthanasia.
Upon taking custody of any animal, the Dog Control Officer shall make
a record of the matter. The record shall include the date of pickup, location
of release and name and address of owner, if any.
A.
If a dog seized is not wearing an identification tag
(license tag), it shall be held for a period of no less than three days.
B.
If a dog seized is wearing an identification number,
the owner shall be promptly notified either in person or by certified mail.
C.
If the owner is notified in person, the dog shall be
held for a period of no less than seven days; if notified by mail, no less
than nine days.
D.
The owner of the dog shall be responsible for any impoundment
fee established by the town, plus any other expenses incurred by the municipality
to humanely care for the dog.
E.
If not redeemed, the owner shall forfeit all title to
the dog and it shall be released to an authorized humane society or kennel
to be adopted or euthanized.
F.
Such redemption provisions shall only apply if the town
maintains proper facilities to hold the dog, and if the town does not, the
dog shall be released to an authorized Humane Society or kennel as soon as
practicable with impound fees and expenses to apply.
[Added 3-14-1995 by L.L. No. 1-1995]
Any person who observes a dog in violation of any section of this Article
may file a signed complaint, under oath, with a Justice of the Town of Brant
or with the authorized Dog Control Officer or any peace officer, specifying
the violation, the date of violation, the damage caused and including the
place where the violation occurred and the name and address of the dog owner,
if known.
Any person or persons who are or may be lawfully authorized by the Town
of Brant shall and all peace officers may administer and enforce the provisions
of this Article and for the purpose shall have the authority to issue summons
or appearance tickets and to seize dogs on or off the owner's premises,
if witnessed to be in violation of this Article.
No persons shall hinder, resist or oppose the Dog Control Officer, peace
officer or other persons authorized to administer or enforce the provisions
of this Article in the performance of the officer's duties under this
Article.
The owner or harborer of any dog so destroyed under the provisions of
this Article, whether destroyed by the Dog Control Officer or peace officer
or released to an authorized humane society or veterinarian, shall not be
entitled to any compensation, and no action shall be maintained thereafter
to recover the value of such dog or any other type of damage.
[Amended 9-16-1992 by L.L. No. 2-1992; 3-14-1995
by L.L. No. 1-1995]
[Adopted 6-13-1995 as L.L. No. 2-1995]
No person owning or in charge of any dog shall cause or allow such dog
to soil, defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people congregate
or walk or upon any public property whatsoever or upon any private property
without the permission of the owner of said property.
Any person owning or in charge of any dog which soils, defiles, defecates
on or commits any nuisance in the aforementioned areas shall immediately remove
and dispose of all feces deposited by any such dog by any sanitary method,
including but not limited to "pooper scoopers," small shovels, etc., for placement
in suitable leakproof containers.
The provisions of this Article shall not apply to blind persons who
may use dogs as guides.
Each violation of this Article shall be punished by a fine of up to
$250 or by imprisonment for not more than 15 days, or both.
