[Adopted 5-8-2002 by L.L. No. 2-2002]
A. 
Long title. The title of this article is "A local law of the Town of Cochecton establishing requirements for restricting dogs from running at large and/or otherwise engaging in uncontrolled behavior and/or disturbing the peace within the Town limits, prescribing penalties for violators and repealing Local Law No. 1 of 1986, the Town of Cochecton Leash Law."
B. 
Short title. This article shall be known and may be cited as the "Town of Cochecton Dog and Leash law."
A. 
It shall be unlawful for any owner of any dog in the Town of Cochecton to permit or allow such dog to:
(1) 
Run at large, other than on premises owned or operated by the owner, unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this article, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner, and a dog or dogs performing farm or livestock duties shall be considered accompanied by its owner.
(2) 
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.
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
(4) 
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.
(5) 
Habitually chase, run alongside or bark at motor vehicles while on a public street or highway or upon public or private property other than the property of the owner or harborer of said dog.
(6) 
Create a nuisance by defecating, urinating or digging on public property or private property, other than the property of said owner.
B. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsection A of this section shall be presumptive evidence against the owner or harborer of such dog that he/she has failed to confine or control his dog.
A. 
The Dog Control Officer or any peace officer observing a violation of this article having been committed in his presence shall issue and serve an appearance ticket and file same with the Town Justice.
B. 
Any person observing a dog in violation of this article may file a complaint under oath with the Town Justice, specifying the nature of the violation, a description of the dog, and the name and residence, if known, of the owner of the dog. Upon receipt by the Town Justice of the complaint, he shall summon the alleged owner before him for a hearing, at which time both the complainant and the owner shall have an opportunity to be represented by counsel and to present evidence, and if, after such hearing, the Justice decides that the owner of the dog is guilty of an offense as described in this article, he shall impose a penalty as hereinafter provided.
A. 
A conviction of a violation of this article shall be deemed an offense and shall be punishable as follows:
(1) 
For the first offense, by a fine of not less than $50 nor more than $250, and costs of prosecution.
(2) 
For the second offense, if the prior offense was committed within the preceding five years, by a fine of not less than $100 nor more than $350, and costs of prosecution, or by imprisonment for not more than five days, or both.
B. 
Each day of violation shall be considered a separate violation.
The Town Board shall also be authorized to pursue such civil remedies as may be available under New York law, including compelling compliance with or to restrain by injunction the violation of this article.