The Town of Delaware, New York, finds that the running at large
and other uncontrolled behavior of dogs has caused physical harm to
persons, damage to property and 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 and regulations upon
the keeping or running at large of dogs and the seizure thereof within
the Town.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
As used in this article, the following terms shall have the
meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this chapter shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
A.
It shall be unlawful for any owner of any dog or any person harboring any dog to permit or allow such dog in the Business District (B-1) in Kohlertown, the Callicoon Business District (CAL-B-1), the Callicoon Residential District (CAL-R-1), or in any Residential District (R-1) of the Town of Delaware, as such districts are defined in the Town of Delaware Zoning Law (see Chapter 220) and the Zoning Map adopted pursuant thereto, to:
(1)
Be at large;
(2)
Cause damage or destruction to property, or commit a nuisance by
defecating or urinating upon the premises of a person, other than
the owner of such dog;
(3)
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury;
(4)
Habitually chase, run alongside of or bark at motor vehicles or bicycles;
or
(5)
Defecate upon public sidewalks or upon public streets, unless leashed
and provided that such owner immediately removes the defecation from
the sidewalk or street and disposes of the same in a public trash
receptacle or the owner's own trash receptacle.
B.
It shall be unlawful to own, harbor or keep in custody anywhere in
the Town of Delaware any dog which disturbs the peace by barking or
howling:
(1)
Between the hours of 7:00 a.m. and 9:00 p.m. for more than one hour;
or
(2)
For a period of less than one hour but more than 1/2 hour when such
period occurs on two consecutive days; or
(3)
Between the hours of 9:00 p.m. and 7:00 a.m. for more than 1/2 hour.
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Such behavior shall be deemed to disturb the peace and cause
the annoyance and discomfort of persons in the Town of Delaware.
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C.
It shall be unlawful for any owner of any dog or any person harboring
any dog to permit or allow such dog to enter within the Callicoon
Creek Park in the Hamlet of Callicoon, regardless of whether or not
such dog is accompanied by and under the immediate supervision and
control of the owner or other responsible person. The foregoing provision
shall not apply to a "guide dog" or a "hearing dog" or a "service
dog," as such terms are defined in § 108 of Article 7 of
the Agriculture and Markets Law.
This article may be enforced by any dog control officer, code
enforcement officer, peace officer, when acting pursuant to his special
duties, or police officer.
A.
Any dog found in violation of the provisions of § 90-4 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 117 of
the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing and identification,
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law, and by paying the impoundment fees in such amounts as may be
fixed from time to time by resolution of the Town Board of the Town
of Delaware.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 117 of the Agriculture and Markets
Law.
Any person who observes a dog in violation of this article may
file an accusatory instrument under oath with the Clerk of the Town
of Delaware Justice Court, specifying the nature of the violation,
the date thereof, a description of the dog and, if known, the name
and residence of the owner of such dog. Such accusatory instrument
may serve as the basis for enforcing the provisions of this article.
Any dog control officer, code enforcement officer, peace officer,
when acting pursuant to his special duties, or police officer observing
a violation of this article in his presence may issue and serve an
appearance ticket for such violation.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both.
