[Adopted 12-8-1986 by L.L. No. 4-1986]
This article shall be known as "The Canandaigua
Town Dog Control Law."
The purpose and intent of this article shall
be to preserve the public peace and good order in the Town of Canandaigua
and to contribute to the public welfare and the preservation and protection
of the property and residents of the Town by declaring and enforcing
certain regulations and restrictions on activities of dogs and owners
of dogs within the Town of Canandaigua.
As used in this article, the following terms
shall have the meanings indicated:
[Added 6-28-2010 by L.L. No. 3-2010]
Any dog:
Which, without provocation, chases or approaches a person upon
the streets, sidewalks or any public or private property in a menacing
fashion or apparent attitude of attack;
With a known propensity, tendency or disposition to attack without
provocation, to cause injury or to otherwise endanger or threaten
the safety of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal or household pet without provocation,
on public or private property; or
Which is owned or harbored primarily or in part for the purpose
of dog fighting, or any dog trained for dog fighting.
No dog may be declared vicious if the threat, injury or damage
was sustained by a person who, at the time such threat, injury or
damage was sustained, was committing a willful trespass or other tort
upon premises occupied by the owner or keeper of the dog.
No dog may be declared vicious if it is used by law enforcement
officials for law enforcement work.
A dog barking, whining, etc., for repeated intervals of at
least 10 minutes with less than five minutes of interruption, which
can be heard by any person, including a law enforcement officer or
dog control officer, from a location outside of the owner's or caretaker's
premises.[1]
Persons under 18 years of age.
Includes any person who owns, keeps, harbors or has the care,
custody or control 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.[2]
It shall be unlawful for any owner of a dog
in the Town of Canandaigua to permit or allow such a dog to:
The owner of any dog which is recognized as
vicious or potentially dangerous or injurious to persons shall at
all times restrain and control such a dog so as to prevent injury
to persons and so as to prevent such dogs from putting any person
in fear of immediate bodily harm, provided that such person is lawfully
conducting himself at the time. The owner shall also restrain and
control such dog so as to prevent it from running at large with a
pack of other dogs and from chasing automobiles, moving vehicles (including
bicycles), other animals and children.
No person shall permit an accumulation of dog
feces on a property which results in a foul or nauseating odor or
unsightly condition that makes travel or residence in the vicinity
uncomfortable, or which attracts flies or other insects or animals
thereby creating an unsanitary condition which may facilitate the
spread of disease and endanger health, or which renders soil, water
or food impure or unwholesome, or which endangers public comfort and
repose.
Any person who observes or has knowledge of
a violation of this chapter may file a signed complaint, under oath,
with a Police Officer, specifying the objectionable conduct of the
dog, the date thereof, a description of the dog and the name and address,
if known, of the owner or other person harboring the dog.
A.
After complaint and hearing, any Town Justice of the
Town may fine or imprison the owner of any dog who is in violation
of this article.
B.
Any person convicted of any violation of this article
shall be punished by a fine not to exceed $250, or by imprisonment
for a term not to exceed 15 days, or both such fine and imprisonment.
