[Adopted by L.L. No. 1-1978; amended in its entirety 12-18-2014 by L.L. No. 3-2014]
The Town Board of the Town of Marcellus finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs has caused damage to property and create nuisances within the
Town of Marcellus. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
on the keeping and running of dogs within the Town of Marcellus.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law of the State of New
York.
The title of this law shall be, "The Dog Control Law of the
Town of Marcellus," as amended.
As used in this article, the following words shall have the
following respective meanings:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended, and
as amended thereafter.
That such dog is securely confined or restrained and kept
on the owner's premises, whether within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person or any adjacent premises or on any public
street, way or place, or, if the animal is being transported by the
owner, that it is securely confined in a crate, or other container,
or so restrained in a vehicle that it cannot be expected to escape.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person authorized by the Town Board of the Town of Marcellus
from time to time to enforce the provisions of this article or the
provisions of the Agriculture and Markets Law.
To provide food or shelter to any dog.
The party purchasing the license, unless the dog is or has
been lost, and such loss reported to the Dog Control Officer and reasonable
search has been made. If an animal is not licensed, the term of "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 animal which is kept,
brought or comes within the Town of Marcellus. Any person owning or
harboring a dog for a period of one week 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 any dog found to be in violation of this article shall be owned
by a minor, the head of the household in which said minor resides
shall be deemed to have custody and control of said dog, shall be
deemed the "owner" of said dog, and shall be responsible for any acts
of the said dog and any violations of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any real property owned By the Town of Marcellus, which is
used for recreational purposes by the public including, but not limited
to, parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
A.
It shall be unlawful for any owner of any dog in the Town of Marcellus
to permit or allow such dog, within the area of the Town of Marcellus
known as Marcellus Knolls, comprising of Antoinette Drive, Aqua Drive,
Candlewick Lane, Cranapple Drive, Goldrush Drive and Roman Avenue;
the area of the Town of Marcellus known as the Browsing Lane-Deer
Path area, being all parcels that adjoin Browsing Lane, Deer Path
and Deer Path Circle; the area of the Town constituting the grounds
of the Marcellus Elementary School, Middle School and High School;
and the recreational area of the Town of Marcellus, known as the Marcellus
Park, to run at large unless the dog is restrained by a leash, cord
or chain, and attached to a fixed immovable object or held by a person
of size, strength and ability to effectively control the movements
of such dog.
It shall be unlawful for any owner of any dog in the Town of
Marcellus to permit or allow such dog, within the Town of Marcellus
to:
A.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds, or other property not belonging to the owner of such dog.[1]
B.
Chase, jump upon or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
This article shall be enforced by any dog control officer or
peace officer when acting pursuant to his/her special duties.
A.
Any dog found in violation of the provisions of § 68-21 or 68-22 of this article may be seized pursuant to the provisions of Article II, § 68-14, of this chapter. Said provision shall govern the seizure, redemption, impoundment, fees and adoption of dogs as more fully set forth therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 set forth in § 117
of said article.
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/her dog.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or disposed pursuant to
the provisions of § 117 of Article 7 of the Agriculture
and Markets Law.
F.
No action shall be maintained against the Town of Marcellus, any
dog control officer or peace officer when acting pursuant to his/her
special duties, or any other agent or officer of the Town of Marcellus
or person under contract to said Town of Marcellus to recover the
possession or value of any dog, or for damages for injury or compensation
for the destruction of any dog seized or destroyed pursuant to the
provisions of this article or the Agriculture and Markets Law.
G.
Nothing in this article is intended to conflict with or limit in
any way the rights and obligations set forth under Article 7 of the
Agriculture and Markets Law and in event of a conflict the provisions
of Article 7 of the Agriculture and Markets Law shall prevail and
supersede the provisions of this article.
Any Dog Control Officer, Peace Officer when acting pursuant
to his/her special duties, or police officer in the employ of or under
contract with the Town of Marcellus observing a violation of this
article in his/her presence shall issue and serve an appearance ticket
for such violation.
A.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Town of Marcellus Town Justice specifying
the nature of this violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of any such complaint, he/she shall
summons the alleged owner to appear in person before him/her for a
hearing, at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Justice decides that further action is warranted, he/she
may order:
(1)
The dog to be declared a dangerous dog, as defined in Agriculture
and Markets Law § 108, and to be restrained by collar and
leash at all times whether on or off the owner's property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The dog to be confined to the premises of the owner.
(3)
Such other remedy as may be warranted by the circumstances in such
case, and as may be authorized by Article 7 of the Agriculture and
Markets Law.
A violation of this section shall be punishable, subject to
such an election, either:
A.
Where prosecuted pursuant to the penal law by or on behalf of the
Town, or pursuant to Article 7 of the Agriculture and Markets Law,
by a fine of not less than $25, except that;
(1)
Where the person was found to have violated this section or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may be not less than $50; and
(2)
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 less than $100 or imprisonment for not more than 15 days, or
both; or
B.
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(1)
When the person was found to have violated this section or Article
7 of the Agriculture and Markets Law within the preceding five years,
the civil penalty may be not less than $50; and
(2)
Where the person was found to have committed two or more such violations
within the preceding five years, the civil penalty may be not less
than $100.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
