Except for the provisions in § 56-9A relating to setbacks for electronic pet containment systems, this chapter shall be enforced by the Dog Control Officer or Deputy Dog Control Officer or by any other law enforcement officer. The Dog Control Officer or Deputy Dog Control Officer shall be authorized to prepare informations and obtain supporting affidavits for submission to the Town Justice Court. The setback provisions in § 56-9A shall be enforced by the Code Enforcement Officer in the same manner as a zoning violation.
Any dog which violates § 56-7 or § 56-8 or which does not have a license may be impounded and taken to a place of detention and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article.
A. 
In the event that the dog seized bears a license tag, the authorized person seizing the dog shall, within three days thereafter, ascertain the name of the owner and give the owner immediate notice by serving upon the owner personally, or by certified mail, return receipt requested, an instrument in writing stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be disposed of unless it is redeemed or a trial is demanded. If the instrument in writing has been served personally on the owner, then the owner will have five days after the day of notice to redeem the dog or demand a trial. If the instrument in writing has been served by certified mail, return receipt requested, on the owner, then the owner will have seven days after the day of notice to redeem the dog or demand a trial.
[Amended 7-9-2019 by L.L. No. 1-2019]
B. 
In the event that the dog seized does not bear a license tag and the owner is unknown, the Dog Control Officer or other law enforcement officer shall be authorized to destroy the dog seven days after impounding or to dispose of the dog by sale or other means unless the owner redeems the dog, if permitted, or unless a trial is demanded by the owner within seven days of seizure.
The owner of any dog impounded by the Town of Clarkson shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays a fee as follows:
A. 
For the first impoundment: $20 plus $20 for each calendar day (or part of a calendar day) period of impoundment.
B. 
For the second impoundment within five years: $30 plus $20 for each calendar day (or part of a calendar day) period of impoundment.
C. 
For the third impoundment within five years: $40 plus $20 for each calendar day (or part of a calendar day) period of impoundment.
In the event that the owner of the dog desires a trial, the owner shall post bail as may be set by the Court, pay for the care of the dog while impounded and demand, in writing, a trial. The Dog Control Officer or other law enforcement officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice as soon as possible. The rules of procedure and as to proof applicable in criminal actions shall apply.
If an impounded dog is not redeemed or a trial demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Town or destroyed by the appropriate official as hereinafter provided.
A. 
In the event that it becomes necessary to destroy a dog, the Dog Control Officer or other law enforcement officer shall arrange through a veterinarian for the destruction of the dog, cause the carcass to be disposed of and make a report in writing of such destruction to the Town Clerk. The Town Clerk shall keep a record of the destruction for one year. Said authorized personnel also shall have the authority to place dogs with the Monroe County Humane Society.
B. 
The owner, possessor or harborer of any dog destroyed under the provisions of this article shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
Any person who violates or knowingly permits violation of this chapter shall be subject to a fine of not more than $75, except that where the person was found to have violated this chapter or Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may not be more than $150; where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $300 or imprisonment for not more than 15 days, or both. Nothing contained in this section is intended to eliminate, reduce, diminish or replace the provisions set forth in § 123 of the Agriculture and Markets Law with respect to fines, civil penalties, imprisonment or other remedies with respect to dangerous dog violations.
If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
Upon this chapter taking effect, the Dog Control Law of the Town of Clarkson adopted May 14, 1974, and amended from time to time thereafter, is superseded and therefore repealed.