It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town to:
B.
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.
(1)
Removal of feces required. Any person owning or in charge of any
dog which soils, defiles on or commits any nuisance on any property,
without the permission of the owner of the property, shall immediately
remove all feces by such dog in a sanitary manner.
(2)
Disposal of feces. The feces removed from the aforementioned areas
shall be disposed of by the person owning or in charge of any such
dog, in a sealed, nonabsorbent, leakproof container.
(3)
Exception to guide dogs. The provisions of this subsection shall
not apply to blind persons who may use dogs as guides.
C.
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.
D.
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
E.
To run at large off the owner's property unless the dog is accompanied
by its owner or a responsible person, either of whom must be able
to control such dog by command and with knowledge, consent and approval
of the owner of such private premises.
(1)
A dog in a public place or on private lands without the knowledge,
consent and approval of the owner of such private lands shall be considered
running at large, unless restrained by an adequate leash.
(2)
Dogs used for hunting, trailing, training, tracking, police work
dogs, service dogs or working search dogs when actually used for these
purposes and not restrained by a leash shall not be considered running
at large.
All owners of female dogs in heat shall keep such dogs confined
in such manner as to not be in contact with other dogs (except for
intentional breeding purposes) and so as to avoid creation of a nuisance
by attracting other dogs.
Each owner shall provide each of his or her dogs with sufficient
good and wholesome food and water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering, and
with humane care and treatment. No person shall beat, ill treat, torment,
overload, overwork, or otherwise abuse any dog. No owner of a dog
shall abandon such dog.
A.
This Article III shall be enforced by any Dog Control Officer, peace officer, when acting pursuant to special duties, or police officer in the employ of or under contract to the Town of Tully.
B.
Notwithstanding the existence of any other enforcement procedure
remedy, the Dog Control Officer shall be authorized to seize any dog
that is unlicensed or that in his or her judgment is a danger to public
health, welfare or safety.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption period set forth in § 117 of
the Agriculture and Markets Law.
C.
The owner of any dog impounded by the Town shall be entitled to redeem
that dog within five business days, excluding the day the dog is impounded,
from the day the dog is impounded, provided that the owner produces
proof the dog is licensed and identified and the following fee:
(1)
For the first impoundment day of any dog owned by that person: $25
plus $14 per day for each day the dog is at the animal shelter. The
per day charge shall be deemed as automatically modified based and
effective upon any increase in the per day fees charged by the animal
shelter.
(2)
For each subsequent impoundment of any dog owned by that person:
$35 plus $14 per day for each day the dog is at the animal shelter.
The per day charge shall be deemed as automatically modified based
and effective upon any increase in the per day fees charged by the
animal shelter.
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.
B.
Any such request shall identify the owner of the premises, the owner
of the dog and the name and address of the person making the request.
Upon receipt of such request, the Dog Control Officer shall investigate
the complaint and upon a determination that there is probable cause
that such complaint is valid, shall give the owner of the dog a warning.
C.
The warning shall consist of personal delivery of a copy of these
provisions to such owner or to someone in his/her household, or by
mailing a copy of these written provisions if the violator resides
outside the Town of Tully, together with a written notice that no
further warning shall be given and that any future violations shall
be prosecuted according to law.
Any Dog Control Officer or peace officer, when acting pursuant to his other special duties, or police officer in the employ of or under contract to the Town of Tully, having reasonable cause to believe that a person has violated this Article III, shall issue and serve upon that person an appearance ticket for the violation.
Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person convicted of a violation of this Article III shall be subject to a fine not exceeding $250 or subject to imprisonment for a period not exceeding 15 days, or both such fine and imprisonment.
