A Local Law of the Town of Colesville Relating to the Control of Dogs
Section1. Purpose
The Town Board of the Town of Colesville finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm and mental disturbance to persons, damage to property and created nuisances within the town. The purpose of this local law is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the town.
Section 2. Authority
This local law is enacted pursuant to the provisions of Section 124 of Article 7 of the Agriculture and Markets Law of the State of New York.
Section 3. Title
The title of this law shall be: "Dog Control Law of the Town of Colesville."
Section 4. Definition of Terms
As used in this local law, the following words shall have the following respective meanings:
a. Agriculture and Markets Law. The Agriculture and Markets Law of the State of New York in effect as of the effective date of this local law, as amended by this local law, and as amended thereafter.
23
b. Confined. That such animal is securely confined or restrained and kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire, or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
c. Dog. Dog shall mean male and female, license and unlicensed, members of the species Canis familiaris.
d. Dog Control Officer. Any person authorized by the Broome County Legislature or the Town Board from time to time, to enforce the provisions of this local law or the provisions of the Agriculture and Markets Law.
e. Owner. The person(s), firm, association or corporation who has purchased a license for the dog unless the dog is or has been lost, such loss has been reported to the Town or Broome County Dog Control Officer and a reasonable search for the dog has been made by the dog's owner. If a dog is not licensed, the term owner shall designate and cover any person(s), firm association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person or other entity harboring a dog for a period of one (1) week prior to the filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner of such dog for the purpose of the local law. In the even any dog found to be in violation of this chapter shall be owned by a minor, the head of the household in which said minor resides shall be deemed to be the owner of said dog and shall be responsible for any acts of said dog.
f. Recreational Areas. Recreational areas shall mean any real property owned by the Town which is used for recreational purposes by the public including, but not limited to , parks or playgrounds.
24
•a. Run at large. Run at large shall mean to be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
•b. School Premises. Any real property situate within the Town which is used for educational purposes or purposes incidental thereto.
•c. Town. The Town of Colesville, a municipal subdivision of the State of New York situated within Broome County.
•d. Harbor. To provide food or shelter to any dog.
Section 5. Restrictions
It shall be unlawful for any owner of any dog to permit or allow, within the Town, such dog to:
•a. Run at large unless the dog is accompanied by its owner or a responsible person either of which must be able to control it by command or unless it is restrained by an adequate leash.
•b. Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
•c. Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog.
•d. Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
•e. Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property not belonging to the owner of such dog.
•f. Create a nuisance by defecating, urinating or digging on public property or private property not belonging to the owner of such dog.
•g. If a female dog, be off the owner's premises when in heat.
25
h. Be at large on any school premises or recreational areas, or the sidewalks adjacent thereto, unless said dog is on a leash.
Establishment of the fact(s) that a dog has committed any of the acts prohibited by section 5 of this local law shall be presumptive evidence against the owner of such dog that he has failed to properly confine, leash or control his dog.
Section 6. Enforcement
This local law shall be enforced by any peace officer when acting pursuant to his special duties, or any Dog Control Officer.
Section 7. Seizure, Impoundment, Redemption and Adoption
•a. Any dog found in violation of the provisions of section 5 of this local law may be seized pursuant to the provisions of section 118 of the Agriculture and Markets Law.
•b. Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in section 118 of the Agriculture and Markets Law.
•c. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in section 118 of said Article.
•d. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in subdivision (c) of this section whether or not such owner chooses to redeem his dog.
•e. Any dog unredeemed at the expiration of the appropriate redemption period, shall be made available for adoption or euthanized pursuant to the provisions of section 118 of the Agriculture and Markets Law.
•f. No action shall be maintained against the Town, any peace officer when acting pursuant to his special duties, or any Dog Control Officer, or any other agent or officer of the Town or person under contract to the Town, to recover the possession of value
26
of any dog, or damages for injury to or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this local law or the Agriculture and Markets Law.
Section 7A. Appearance Ticket
Any Dog Control Officer, peace officer when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town observing a violation of this local law in his presence may issue and serve an appearance ticket for such violation.
Section 8. Complaint
•a. Any person who observes a dog in violation of this local law may file a complaint under oath this w Town Justice specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog.
•b. Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complaintant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may order:
•1. The dog to be declared a vicious or dangerous dog to be restrained by collar and leash at all time whether on or off the owner's property.
•2. The dog to be confined to the premises of the owner.
•3. Such other remedy as may be warranted by the circumstances in such case.
c. A violation of any order issued by a Town Justice under the provisions of this Section 8 shall be an offense punishable, upon conviction thereof, as provided in Section 9 of this local law.
27
Section 9. Penalties
Upon conviction, a violation of this local law shall be deemed an offense punishable by a fine not exceeding twenty-five dollars for the first offense, and fifty dollars for each offense thereafter.
Section 10. Separability
Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
Section 11. Effective Date
The provisions of this local law shall take effect upon its filing with the Secretary of State.
