[Adopted 11-9-1989 by L.L. No. 2-1989]
It is the purpose of this article to protect the health, safety
and general welfare of the inhabitants of the Town of Marcellus by
regulating the actions and behavior of barking dogs in the Town of
Marcellus, New York, so as to afford consistent protection of the
rights and privileges of dogs or the owners thereof and the rights
and privileges of other citizens in the Town of Marcellus, New York.
This law is enacted pursuant to § 130(9) of the Town Law.
As used in this article, the following terms shall have the
meanings indicated:
Any member of the species canine familiaris.
Includes any person who keeps or harbors any dog or who is
in lawful custody of any barking dog.
A.
Barking and other noise. It shall be unlawful for the owner of any
dog to permit or allow said dog to bark, yelp, howl, cry or emit any
other noise for a continuous period of time so that such noise causes
or creates inconvenience, annoyance, or alarm to any person in the
Town of Marcellus after first having notice that said dog was making
such noise and failed to stop or prevent the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
An owner shall be deemed to have received notice under Subsection A herein when he or she has been advised in writing by a Town Dog Control Officer or any police or peace officer that said dog has barked, yelped, howled, cried or emitted any other noise for a continuous period of time so that such noise has caused or created the risk of inconvenience, annoyance or alarm to any person, or when he or she has been previously charged with a violation of this section.
D.
Excluded from the provisions of this article are guide dogs, hearing
dogs, service dogs, police work dog, war dog, working search dog,
therapy dog, or detection dog as defined in the Agriculture and Markets
Law of the State of New York acting as such guide dog, hearing dog
or service dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of this article shall be an offense punishable
upon conviction thereof, for the first offence by a fine of not more
than $50 or imprisonment for not more than 15 days, or both and for
each subsequent offense committed within 30 days of the first offense,
by fine of not less than $50 or imprisonment for not more than 15
days, or both. This article shall be enforced by the Dog Control Officer
of the Town of Marcellus or by any police officer or peace officer;
said officers are hereby authorized to issue and serve an appearance
ticket with respect to any violation thereof; said enforcement shall
be undertaken upon a written complaint signed by the person making
the complaint and filed with the officer and other appropriate authorities
or upon the officer's personal observation of any violation.
If any provision, sentence clause, section or part of this article
or the application thereof to any person or circumstance shall, for
any reason, be adjudged by any court of competent jurisdiction to
be unconstitutional or invalid, such judgment shall not affect, impair
or invalidate the remainder of this article or the application thereof
to any persons or circumstances, but shall be confined in its operation
to the provisions, sentence, clause, section, paragraph or part of
this article and the persons and circumstances directly involved in
the controversy in which such judgment is rendered. It is hereby declared
to be the intent of the Town Board of the Town of Marcellus that this
article would have been adopted had such unconstitutional or invalid
provision, sentence, clause, section, part, paragraph or application
not been included herein.
