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."
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.
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.
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.
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.
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.
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.
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.
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.
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.