This article shall be known and cited as the "Dog Control Law
of the Town of Seneca Falls, New York."
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The Town Board of the Town of Seneca Falls, New York, finds
that the running at large and other uncontrolled behavior of licensed
dogs have caused physical harm to persons and damage to property and
have created nuisances within the Town. The purpose of this article
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.
As used in this article, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed members of the species
Canis familiaris.
Any individual appointed by the Town Board pursuant to the
provisions of Article 7 of the Agriculture and Markets Law of the
State of New York to assist in the enforcement of this article, or
any authorized officer, agent or employee of any incorporated humane
society or similar incorporated dog protective association under contract
with the Town to assist in the enforcement of this article.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, 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 owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the owner of such dog
for the purpose of this article.
Includes both real and personal property.
A dog shall be deemed to be running at large if it is elsewhere
than on the premises of the owner while not in the control of the
owner or his or her agent and without the knowledge, consent or approval
of the owner of such lands.
The Town of Seneca Falls, New York.
No person, being the owner or agent of the owner of any dog,
shall permit such dog to commit any nuisance within the Town of Seneca
Falls or cause damage to the person or property of others. The following
are declared to be nuisances and are set forth herein for explanatory
purposes only, and are not to be construed as excluding other types
of activity that would constitute a nuisance. It shall be unlawful
for any owner of any dog in the Town to permit or allow such dog to:
A.
Run at large, unless the dog is restricted by an adequate leash or
unless it is accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of
the article, a dog or dogs hunting in the company of a hunter or hunters
shall be considered as accompanied by its owners.
B.
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to habitually annoy or disturb the comfort
or repose of any person other than the owner of such dog. "Habitual"
is defined as howling, barking, crying, or whining for repeated intervals
of at least 10 minutes with less than two minutes of interruption
and which can be heard by any person, including a law enforcement
or dog control officer, located outside the dog's owner's or caretaker's
premises.
C.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent of or approval of the owner
thereof.
D.
Chase, jump upon 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, motorcycles
or bicycles while on a public street, highway or place or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private lands other than the property of the owner of such dog
without the consent or approval of the owner of such property.
G.
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
H.
Cause physical injury of any nature to any person other than the
owner of such dog.
I.
Be upon the school grounds of any school within the Town of Seneca
Falls during the time of year when said schools are open between one
hour prior to commencement of the school day and one hour after the
end of the school day or upon a playground within said Town at any
hour during the time of year when playground activities are conducted.
J.
Run in or form a pack of three or more dogs.
Except in an Agricultural District, no person shall own, house,
board, keep or harbor more than three dogs over six months of age
within a dwelling unit in the Town.
The Dog Control Officer or any peace officer shall seize any
unlicensed dog of licensing age, whether on or off the owner's premises;
any dog not wearing a tag and not identified and which is not on the
owner's premises; any dog found in violation of § 106-10A
of this article; and any dog which poses an immediate threat to the
public safety. Such seized dog shall be kept and disposed of in accordance
with the provisions of Article 7 of the Agriculture and Markets Law.
The Dog Control Officer shall see that the order of the Town Justice
in such case is carried out.
In the event that the owner or harborer shall be a minor under
the age of 16 years, then the head of the household in which such
minor resides shall be deemed to have the care, custody and control
of said dog and shall be responsible for any acts in violation of
this article.
The fees for seizure and impoundment of dogs in violation of
Article 7 of the Agriculture and Markets Law and of § 106-10A
of this article shall be set from time to time by resolution of the
Town Board.
A.
The Town Board may appoint a Dog Control Officer, who shall have
the duty of enforcing this article. The Dog Control Officer, in enforcing
this article, shall have all the powers and authority as provided
in Article 7 of the Agriculture and Markets Law of the State of New
York.
B.
In lieu of appointing a Dog Control Officer, the Town Board may contract
for dog control officer services with any other municipality or with
any incorporated humane society or similar incorporated dog protective
association, or may appoint, jointly with one or more municipalities,
one or more dog control officers having jurisdiction in each of the
cooperating municipalities.
A.
Any person who observes or has knowledge of a dog violating any provision
of this article may file a signed complaint under oath with the Dog
Control Officer or any police officer of the Town of Seneca Falls,
specifying the nature of the violation, the place of occurrence, the
date thereof, the description of the dog and the name and address,
if known, of the owner or person harboring said dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
B.
Upon receipt by the Dog Control Officer or any police officer of
the Town of Seneca Falls of any such complaint, or in the event that
any dog is found by the Dog Control Officer to be in violation of
any provision of this article, the Dog Control Officer or any police
officer of the Town of Seneca Falls shall, if possible, seize and
take into custody said dog and, in any event, issue or deliver to
the owner of said dog an appearance ticket pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York and Article 150 of the Criminal Procedure Law of the State of
New York detailing the violations and instructing the owner to appear
before the Justice Court of the Town of Seneca Falls, or to answer
such appearance ticket by registered or certified mail, return receipt
requested, within five days of the date of such violation. If said
appearance ticket is disregarded by such person, the Dog Control Officer
or any police officer of the Town of Seneca Falls or complainant may
file an information with said court, which court shall then issue
a warrant for the arrest of such person.
Penalties for violations of this article shall be as provided
in Article 7 of the Agriculture and Markets Law.
