[Adopted 12-19-1994 (Ch.
59, Art. II, of the 1997 Code)]
This article shall be known as the "Town of Milo Dog Control
Ordinance."
The Town Board of the Town of Milo finds that the running at
large and other uncontrolled behavior of licensed and unlicensed dogs
have caused physical harm to persons, damage to property and have
created nuisances within the Town. The purpose and intent of this
article shall be to preserve the public peace and good order in the
Town of Milo and to contribute to the public welfare, preservation
and protection of the property and the person of the inhabitants of
said Town by declaring and enforcing certain regulations and restrictions
on activities of dogs and owners of dogs within the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York.
A.Â
DOG
OWNER
RUN AT LARGE
TOWN
As used in this article, the following words shall have the following
respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
A person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost, and such loss was promptly
reported to the dog warden and a reasonable search has been made.
If a dog is not licensed the term "owner" shall designate and cover
any person or persons, firm, association or corporation, who or which
at any time owns or has custody or control of, harbors or is otherwise
responsible for any dog which is kept, brought or comes within the
Town. Any person owning or harboring a dog for a period of two weeks
prior to the filing of any complaint charging a violation of this
article shall be held and deemed to be the owner of such dog for the
purpose of this article. In the event that the owner of any dog found
to be in violation of this article shall be under 18 years of age,
the head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of said dog and violation of this article.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The Town of Milo.
B.Â
Unless specifically indicated otherwise, words used in the singular
sense shall include the plural sense, and words used in the plural
sense shall include the singular sense.
C.Â
The definition and interpretation of any other terms contained herein
shall be the same as said terms are defined and interpreted in the
New York State Agriculture and Markets Law.
It shall be unlawful for any owners of or any person harboring
any dog in the Town of Milo to permit or allow such dog to:
A.Â
Run at large, unless on the owner's property or accompanied
by its owners or a responsible person able to control the dog. For
the purposes of this article, a dog or dogs hunting in company with
a hunter or hunters shall be considered as accompanied by its owner.
B.Â
Engage in habitual loud howling or barking or to conduct itself in
such manner so as to habitually annoy any person other than the owner
or the person harboring the dog.
C.Â
Cause damage or destruction to property, or commit a nuisance upon
the premises of a person other than the owner or person harboring
the dog.
D.Â
Bite, chase or otherwise harass any person in such manner as reasonable
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.Â
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.
[Amended 10-27-1997 by L.L. No. 2-1997]
An Animal Control Officer to be designated by the Town Board
as provided by § 114 of the Agriculture and Markets Law[1] may enforce the provisions of this article and may also
investigate and report to the Town Justice of the Town of Milo any
dangerous dog as described in § 121 of the Agriculture and
Markets Law,[2] and see that the orders of the Town Justice in such case
are carried out.
[1]
Editor's Note: Former § 114 of the Agriculture and
Markets Law was renumbered to § 113 of the Agriculture and
Markets Law and amended by L. 2010, c. 59, pt. T, § 8, effective
Jan. 1, 2011.
[2]
Editor's Note: Former § 121 of the Agriculture and
Markets Law was renumbered to § 123 of the Agriculture and
Markets Law and amended by L. 2010, c. 59, pt. T, § 8, effective
Jan. 1, 2011.
Any person authorized pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York shall seize any dog found
at large not wearing the license tag required by said Article 7.
[Amended 10-27-1997 by L.L. No. 2-1997]
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or committing a nuisance
upon the premises of a person other than its owner may file a signed
complaint with the Animal Control Officer of the Town of Milo, specifying
the objectionable conduct of the dog, the date thereof, the damage
caused or violation, a description of the dog and name and residence,
if known, of the owner or other person harboring said dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
[Amended 10-27-1997 by L.L. No. 2-1997]
A.Â
Upon receipt of a signed complaint, pursuant to § 142-20 hereinabove, or as a result of his own investigation the Animal Control Officer shall serve a written warning upon the owner of the dog directing that the owner comply with the terms of this article within one week.
B.Â
If the owner does not comply with this article after having received
the written warning, then the Animal Control Officer observing the
violation of this article in his presence shall file an information
with the Town of Milo Justice and shall issue and serve an appearance
ticket for such violation. In lieu of an appearance ticket, the Animal
Control Officer shall request that a summons be issued by the Town
of Milo Justice Court.
[Amended 10-27-1997 by L.L. No. 2-1997]
Every dog seized shall be properly fed and cared for at the
expense of the Town of Milo until disposition thereof as herein provided,
and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
A.Â
If the dog seized bears a license tag, the Animal Control Officer
shall ascertain the owner of the dog and shall give immediate notice
by serving such owner either personally or by certified mail, return
receipt requested, or an adult member of his or her family, with a
notice in writing stating that the dog has been seized and will be
destroyed unless redeemed as herein provided.
B.Â
The owner of the dog so seized may redeem the dog within seven days,
if the notice was personally given, or within nine days, if the notice
was made by mail. The owner of a dog bearing a license tag may redeem
the dog within 12 days by paying the Town Clerk the sum set by the
agency with which the Town has contracted for confinement of dogs.
C.Â
If not so redeemed, the owner shall forfeit all title to the dog,
and the dog shall be sold or destroyed by the Animal Control Officer.
In the case of sale, the purchaser must pay the purchase price to
the Town Clerk and obtain a license for such dog. The Animal Control
Officer who destroys a dog shall immediately dispose of the carcass
and make a written report of such destruction and disposition to the
Town Clerk, who shall keep a record thereof.
[Amended 10-27-1997 by L.L. No. 2-1997]
Except as otherwise provided in § 19 of the Agriculture
and Markets Law, a violation of any section of this article shall
constitute a violation as defined in the Penal Law of the State of
New York and shall be punishable by a fine not exceeding $250 or by
a sentence of imprisonment not exceeding 15 days, or by both such
fine and imprisonment.
