[Adopted 7-8-1975 by L.L. No. 1-1975;
amended in its entirety 4-14-1998 by ordinance (Res. No. 116-98) (Ch. 54,
Art. I, of the 1975 Municipal Code)]
This article shall be known as the "Ordinance
Regulating and Restricting the Running at Large of Dogs in the Town
of Southport, Chemung County, New York."
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any dog shall be deemed to be at large whether licensed or
not when he is off the property of his owner and not under control
of a competent person.
Means and includes both male and female dogs whether the
latter be spayed or not.
Any person, group of persons, or corporation owning, keeping
or harboring a dog or dogs.
A dog is under restraint within the meaning of this article
if the dog is:
[Amended 8-11-2015 by
ordinance (Res. No. 137-2015)]
Controlled by a leash.
On or within a vehicle being driven or parked on the street
and accompanied by a competent person.
Within the property limit of its owner or keeper.
When afield for the purpose of small game hunting or dog training
on wild game during the established hunting or dog training seasons
as the same may be established by the Department of Environmental
Conservation, provided that such dog is under the control and obedient
to the commands of the person using such dog for hunting purposes
or the trainer thereof.
[Amended 6-8-1999 by ordinance (Res. No. 129-99)]
Any owner of a dog or any other person who harbors
any dog in the Town of Southport shall be in violation of this article
if such dog:
A.
Is not restrained by an adequate collar and leash
when not on the property of the owner or any person harboring or having
custody or control of the dog; except when afield for the purpose
of small game hunting or dog training seasons as the same may be established
by the Department of Environmental Conservation, provided that such
dog is under the control and obedient to the commands of the person
using such dog for hunting purposes or the trainer thereof.
B.
Engages in habitual loud howling or barking or conducts
itself in such a manner as to habitually annoy any person other than
the person owning or harboring such dog. Specifically, no dog shall
be allowed to bark or howl for a period in excess of 15 consecutive
minutes when said barking is audible from beyond the property line
of the owner's residence. The barking may be intermittent and not
continuous.
[Amended 7-5-2006 by L.L.
No. 1-2006 (Res. No. 141-2006)]
C.
Causes damage or destruction to property, or defecates,
urinates, or otherwise commits a nuisance other than on the premises
of the person owning or harboring such dog.
D.
Chases or otherwise harasses any person, who is peaceable
conducting himself in any place where he may lawfully, be in such
a manner as to reasonably cause intimidation or to put such person
in reasonable apprehension of bodily harm or injury.
F.
Is unlicensed when of an age established by Agriculture
and Markets Law § 109, as amended.
[Amended 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006)]
G.
Is on property other than the property of its owner
and is not wearing a current and valid New York dog license identification
tag, whether or not restrained by an adequate leash and collar.
H.
Is not redeemed within the statutory time frames of Agriculture and Markets Law § 118, as amended, after being notified either personally or by mail that said dog has been seized and impounded pursuant to § 192-4 of this article.
[Amended 7-25-2006 by L.L. No. 1-2006 (Res. No. 141-2006)]
I.
Is kept on premises or in structures or enclosures
that are unclean or unsanitary, or littered with debris, or is not
provided good and adequate care.
J.
Is walked within the Town of Southport where the person
walking such dog or dogs does not maintain on his or her person a
means of cleaning up and removing the excrement created by such dog.
It is further violation of this section if the person walking such
dog or dogs does not clean up the excrement created by such dog or
dogs.
[Added 11-13-2001 by ordinance (Res. No. 199-2001)]
[Amended 6-8-1999 by ordinance (Res. No. 129-99)]
This article shall be enforced by a Town Dog
Warden or Wardens to be appointed by, or pursuant to contract entered
into by, the Town Board who shall have all the powers of a constable
or other peace officer in the execution of the provisions of Article
7 of the Agriculture and Markets Law, including service of summons,
and the service and execution of any other order or process, including
an appearance ticket pursuant to Article 150 of the Criminal Procedure
Law, and such appointed Dog Warden or Wardens shall receive such compensation
as shall be established by the Town Board and as the same may be changed
from time to time, and who may seize dogs either on or off the premises
of the owner, if witnessed to be in violation of this article. Upon
receipt of a complaint, assigned or anonymous, establishing reasonable
cause to believe a violation has been committed or is being committed,
the enforcement agency may issue an appearance ticket or criminal
summons. If based upon an anonymous complaint and supported by the
enforcement agents, witnessed account may support a prima facie case
of a violation of this section.
[Amended 5-11-1993 by ordinance (Res. No. 124-93); 6-8-1999 by ordinance (Res. No. 129-99); 7-25-2006 by L.L. No. 1-2006 (Res.
No. 141-2006)]
[Amended 6-8-1999 by ordinance (Res. No. 129-99)]
A.
The Dog Warden appointed to enforce this article shall
have the power to seize all dogs not so restrained by leash while
off the owner's premises, whether or not tagged to licensed, and upon
seizure, such dogs shall be impounded at a place or places as the
same may be designated by this Town Board from time to time.
B.
If the dog seized bears a license tag, the Dog Warden
shall ascertain the owner of the dog and shall give immediate notice
by personally serving such owner, or a member of his family who is
at least 18 years of age, with a notice in writing stating that the
dog has been seized and will be adopted or destroyed unless redeemed
within the period herein provided and further advising the place where
the dog is so impounded and the person to be contacted for the redemption
of the dog.
C.
For redemption period; unpaid fees; adoption see § 118
of the Agriculture and Markets Law.
