A.
It shall be unlawful for any owner of any dog in the Town of Sweden to permit or allow such dog to engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort of any person other than the owner of such dog in the vicinity and exceeds 15 minutes, as stated in § 135-3B(2) of the Sweden Town Code.
B.
It shall be unlawful for any owner of any female dog in the Town
of Sweden to permit or allow such dog off the premises of the owner
or leave such dog out of doors and unconfined while such dog is in
heat.
C.
It shall be unlawful for any owner of any dog in the Town of Sweden
to permit or allow such dog to 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.
D.
It shall be unlawful for any owner of any dog in the Town of Sweden
to permit or allow such dog to destroy property of a neighbor.
E.
It shall be unlawful for any owner of any dog in the Town of Sweden
to permit, allow or fail to prevent such dog from defecating or otherwise
committing a nuisance in a public street, public building, public
park or on any private property except with the consent of the owner
of such property. Upon the deposit of waste by a dog in the aforementioned
places, the owner of such dog shall remove the waste and make proper
disposal thereof.
F.
It shall be unlawful for any owner of any dog in the Town of Sweden
to permit or allow such dog to chase, jump upon or at, or otherwise
harass any person in such manner as to reasonably cause intimidation
or fear or to put such person in reasonable apprehension of bodily
harm.
G.
It shall be unlawful for the owner of any dog to permit the premises,
structures or enclosures in which such dog is kept to be unclean or
unsanitary.
H.
It shall be unlawful for the owner of any dog to permit or allow
such dog to run at large in the Town of Sweden. All dogs shall be
accompanied by the owner or a responsible person and under the full
control of such owner or person on a leash affixed to the dog's collar
or harness, not to exceed eight feet in length, except with the consent
of the owner of such property. For the purpose of this chapter, a
dog or dogs hunting in the company of a hunter or hunters shall be
considered as accompanied by the owner.
I.
It shall be unlawful to own or harbor a dog unless licensed as provided by Article II of the this chapter. It shall be unlawful for any person to own, possess or harbor a dangerous dog in the Town of Sweden. It shall be the duty of the Sweden Town Dog Control Officer or Deputy Control Officer to seek an immediate court order for the seizure of any dangerous dog in violation of this section. Any person owning, possessing or harboring a dangerous dog has an affirmative obligation to notify the Town of Sweden of said dog's presence in Sweden pursuant to General Municipal Law § 209-cc. In addition to the penalties set forth in § 84-11 hereinbelow, any person who fails to comply with General Municipal Law § 209-cc shall be subject to all fines and/or punishments set forth therein.
[Amended 8-25-2020 by L.L. No. 6-2020]
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 be not 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.
Any Town Justice of the Town of Sweden shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violation of this chapter.
All complaints concerning alleged violations of this chapter
shall be communicated to the Dog Control Officer or Deputy Dog Control
Officer. All such complaints shall be investigated, and it shall be
the duty of the Dog Control Officer or the Deputy Dog Control Officer
in the appropriate case to proceed with civil or criminal enforcement
of this chapter or any other provision of law pertaining hereto.
The Dog Control Officer or Deputy Dog Control Officer, having
reasonable cause to believe that a person has violated this chapter,
shall issue and serve upon such person an appearance ticket for such
violation. The appearance ticket shall be in the form prescribed by
the Town Board by resolution in accordance with provisions of § 122
of the Agriculture and Markets Law and this chapter. An answer to
such appearance ticket may be made within five days of the violation,
by registered or certified mail, return receipt requested, in lieu
of a personal appearance on the return date at the time and court
specified in the appearance ticket, in accordance with the provisions
of § 122 of the Agriculture and Markets Law and this chapter.
In accordance with the provisions set forth in § 117
of the Agriculture and Markets Law:
A.
It shall be the duty of the Dog Control Officer or Deputy Dog Control
Officer to enforce the provisions of this chapter and to seize all
dogs found in violation of the chapter or which are ordered seized
by a Town Justice.
B.
The Dog Control Officer, when acting pursuant to his or her duties,
shall make and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not be limited
to, a description of the dog, the date and hour of seizure, the municipal
identification number of the dog (if any), the location where seized,
the reason for the seizure and the owner's name and address, if known.
C.
For any dog seized pursuant to § 84-15A above, the following notification and redemption procedures shall be followed:
(1)
Unidentified dogs, whether or not licensed, shall be held for a period
of five days from the day seized, during which time the owner may
redeem the dog.
(2)
For identified dogs, whether or not licensed, the owner shall be
notified personally or by certified mail, return receipt requested,
of the facts of the seizure and the redemption procedures. If notification
is made personally, the dog shall be held for seven days after the
day of notice; if notification is made by mail, the dog shall be held
for a period of nine days, during which period the owner may redeem
the dog.
D.
In either case above, the owner must produce proof of licensing and
pay seizure and impoundment fees in order to redeem the dog. The seizure
and impoundment fees shall be as set from time to time by the Town
Board and in accordance with the provisions of § 117 of
the Agriculture and Markets Law.
E.
If not so redeemed by the end of the appropriate redemption period,
the owner shall forfeit all title to the dog, and the dog shall be
made available for adoption, released to an authorized humane society
or shelter or euthanized.
F.
Prior to releasing a dog to its owner or adopting out a dog, the
owner must pay all accrued charges to the Town Clerk and obtain a
license for such dog. Subsequent to euthanasia, the Dog Control Officer
shall take a written report of such destruction and report disposition
to the Town Clerk, who shall keep a record thereof.
In the event that this chapter is deemed to conflict with Article
7 of the New York State Agriculture and Markets Law, the New York
State Agriculture and Markets Law shall control.
