TOWN OF MASONVILLE
Local Law No 1 of the Year 2010
Dog Control Law
Be it enacted by the Town Board of the Town of Masonville as Folows:
Section 1. Definitions
The following words, terms and phrases, when used in the law, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:
DOG means any male or female, licensed or unlicensed, member of the species canis familiaris.
Dog Control Officer means any individual appointed by the Town to assist in the enforcement of this article including but not limited to the Town dog warden, any policeman, any other peace officer and any other designated representative of the town or of the state Department of Agriculture and Markets.
Harbor means to provide food or shelter to any dog.
Recreational areas means any real property owned by the town, which is used for recreational purposes by the public, including but not limited to parks and playgrounds.
Run at large means to be in a public place or private lands without the knowledge, consent and approval of the owner of such lands.
Section 2. Finding of Nuisance; purpose. The Town board finds the the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the town. The purpose of this 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 3. Penalties for offenses. Upon conviction, a violation of this law shall be deemed an offense and punishable pursuant to the penal Law by a fine of not more than fifty dollars ($50.00), except that where a person was found to have violated this law or article 7 of the Agriculture and Markets Law within the preceeding five (5) years, the penalty may be not more then one hundred dollars ($100.00), and where a person was found to have committed two (2) or more such violations within the proceeding five (5) years, penality may be not more then two hundred-fifty dollars ($250.00). Fines may be paid pursant to a plea of guilty by mail and shall be fifty dollars ($50.00) except that where a person was found to have violated this law or article 7 of the Agriculture and Markets Law within five (5) years, the fine shall be one hundred dollars ($100), and where a person was found to have committed two (2) or more such violations within the proceding five (5) years, the fine shall be two hundred fifty dollars ($250.00). Security of Twenty-five dollars ($25.00) shall be posted upon a plea of not guilty made by mail.
Section 4. Enforcement. This law shall be enforced by the dog control officer.
Section 5. Complaints; appearance tickets.
(a) The dog control officer, having reasonable cause to believe that a violation of this law has been committed in his presence, shall issue and serve an appearance ticket for such Violation. The appearance ticket shall be in a form prescribed by the Town Board by resolution in accordence with the provisions of section 124 of the Agriculture and Markets Law and this Law.
(b) An Answer to such appearance ticket shall be made within five (5) days of the violation, in person or by registered or certified mail, return receipt requested, in lieu of personal appearance on return date at the time and court specified in appearance ticket, in accordance with provisions of section 124 of the Agriculture and Markets Law and this Law.
(c) Any person who observes a dog in violation of this law may file a complaint under oath with a town justice specifying the nature of the violation thereof, the description of the dog and the name and residence, if known, of the owner of the dog.
(d) Upon receipt by the the town justice of any such complaint, he shall either issue an appearance ticket as set forth in subsection (b) above or summon or order the lleged owner to appear in person before him for a trial at which time the complaint, the owner, the dog control officer and any other interested person shall have an opportunity to be represented by counsel and to present evidence. If, after such trial, the town justice decides that such action is warranted, in addition to the penalties prescribed in section 3, he may order:
(1) The Owner to restrain such dog by collar and leash at all times-whether on or off the owners property.
(2) The Owner to confine such dog to the premises of the owner or to a building on such premises.
(3) Any remedy authorized by state statutes.
(4) Any action, which could by ordered under section 3.
(5) Such other remedy as may be warranted by the circumstances in such to assure compliance with this capter.
Section 6. Seizure; redemption.
(a) Any dog found running at large in violation of this law or section 118 of the Agriculture and Markeys Law may be seized by any dog control officer excerising such degree of force as shall be necessary to effect suych seizure without intentionally injuring or harming sch dog; and such dog shall be impounded or disposed of in accordance with the provisions of article 7 or other applicable provisions of the Agriculture and Markets Law.
(b) After such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog’s license tag, shall be notified pursuant to the provisions of section 118 of the Agriculture and Markets Law.
(c) A dog owner may redeem his dog from the pound upon payment for the impounding of such dog, plus the cost of keeping, feeding and caring for the dog while in custody of the dog control officer.
(d) No action shall be maintained against the town, any duly designated dog control officer or any other agent or officer of the town to recover the possession or value of any dog or damages for injury or compensation for the destruction of seized or destroyed pursuant to the provision of this law.
Section 7. Nature of evidence. Establishment of fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by section 10 through Section 17 shall be presumptive evidence against the owner or harborer of the dog that has failed to properly confine, leash or control his dog.
Section 8. False or misleading information. It shall be unlawful for any person to furnish any false or misleading information on any form required to be filed with any municipality or the commissioner pursuant to the provisions of article 7 of the Agriculture and Markets Law or Rules and regulations promulgated pursuant therto.
Section 9. Failure to license or identify.
It shall be unlawful for any owner of any dog in the town to:
(1) Fail to license any dog, over the age of 6 months
(2) Fail to have any dog identified as required by article 7 of the Agriculture and Markets Law.
(3) Knowingly affix to any dog any false or improper identifation tag.
Section 10. Running at large. It shall be unlawful for any owner of any dog in the town to permit or allow the dog to run at large, unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it. By command and who does so control it. For the purpose of this section, a dog hunting in the company of a hunter shall be considered accompanied by ites owner, or other responsible person and actively engaged in hunting or training for hunting on private or posted land with permission of the owner of such land.
Section 11. Confinement. It shall be unlawful for any owner:
(1) Of any dangerous dog to fail to confine or destroy such dog upon of any judge as provided in swction 121 of the Agriculture and Markets Law.
(2) To fail to securely confine any dog as required by an owner pursuant to 122 or 123 of the Agriculture and Markets Law.
(3) Of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to article 7 of the Agriculture and Markets Law,
Section 12. Howling or Barking Dogs.
A. No person shall keep or harbor a dog, which howls or barks in violation of this section. It shall constitute a violation of this section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:
(1) For more than five (5) minutes between the hours of 10:00 P.M. and 8:00 A.M.: or
(2) For a shorter duration than cited above, but no more than five occasions within a given yen-day period of attested to by complaintants from two (2) or more separate properties.
It shall be defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason the dog was howling or barking was that the dpg was being incited, or was acting as a guide dog, hearing dog, service dog or police work dog.
B. In order to abate the nuisance created by a dog howling or barking in violation of this section, Dog Control Officers may enter the yard and may seize any such dog from the yard where the violation is occurring if the Officer is unable to contact the owner or if the owner is unable or unwilling to take action to stop the howling or barking.
Section 13. Damaging property of others. It shall be unlawful for any owner of any dog in the town to permit or allow the dog to uproot, dog or otherwise damage any vegetables, lawn, flowers, garden beds or other property not belonging to the owner of the dog.
Section 14. Harassing people. It shall be unlawful for any owner of any dog in the town to permit or allow the dog to 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.
Section 15. Chasing Vehicles. It shall be unlawful for any owner of any dog in the town to permit or allow the dog to habitually chase or run alondside of motor vehicles or bicycles while on public street or highway or upon public or private property of the owner of or harborer of the dog.
Section 16. Creation of Nuisances. It shall be unlawful for any owner of any dog in the town to permit or allow the dog to create a nuisance by overturning garbage containers and/or spreading garbage on the ground, defecating, urinating or digging in public right-of-way in the area between the curb or ditch (or shoulder in the absence of a curb or ditch) and the private property other than the property of the owner.
Section 17. Female dogs in heat. It shall be unlawful for any owner of any female dog in the town to permit or allow such dog to be off the owner’s premises when in heat.
Section 18. Dog License fees.
(1) The dog license fee set forth for each dog owned or posessed in subdivision one of section 110 of the Agriculture and Markets Law is here by increased to a total of $12.50 for a spayed or neutered dog and a total of $20.50 for an un-spayed or un-neutered dog.
Section 19. Removel and Disposal of Canine Waste.
(1) It shall be unlawful for any dog owner or person having possession, custody or control of any dog to allow such dog to defacate on public or private property over the obection of the owner of such property.
(2) Irt shall br the duty of each owner or person having possession, custody or control of a dog to remove any feces left by his dog on any sidewalk, gutter, street, grassy area between the street and sidewalk, park, school yard or other property and dispose of the same in a safe and sanitary manner, and such person shall have a visable appropriate bag or other disposal device on his possesion to dispose of said feces.
(3) Any violation of this Local law shall constitute a violation punishable by fine or civil penalty not more than one hundred dollars ($100.00) for the purpose of enforcing the provisions of this section, appearance tickets may be issued by police officers, dog control officers, code inspectors and by any persons authorized to issue tickets for parking violations.
(4) The provisions of the Local Law shall not apply to guide dog, hearing dog or service dog accompanying any person with a disability as defined in subdivision 21 of section 2921 of the Exective Law.
Section 20. Repealer. This local law shall supersede all prior local laws, ordinances, rules and regulations reletive to the control of dogs within the Town of Masonville and they shall be, upon the effective date of this law, null and viod.
Section 21. Effective date: This law shall take effect upon filing with the NYS Secrectary of State