[Adopted 9-13-1995 by L.L. No. 3-1995]
This article shall be known as the "Dog Control
Law of the Town of Concord, New York."
The purpose of this article shall be to preserve
the public peace and good order in the Town and protect the public
welfare, safety and good order of its people by establishing certain
regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of owners of dogs and of other residents
of the Town of Concord.
As used in this article, the following terms
shall have the meanings indicated:
A dog shall be deemed to be at large if not under the control
of the owner or his or her agent and elsewhere than on the premises
of the owner or on the premises of another who has knowledge of the
dog's presence thereon and assents thereto.
Any dog of either sex and of any age unless otherwise indicated
herein.
Person(s) appointed by the Concord Town Board in accordance
with § 114 of the Agriculture and Markets Law.
Includes any person who owns, keeps or harbors or has care
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of the minor's parents or other head of the household
where the minor resides.
Shall be by certified mail or personal delivery to the owner
or another person at the last address reflected on the application
to license the dog or, if it is unlicensed, then upon the owner, if
ascertained, or another person or by certified mail. A notice tacked
on the door of the residence shall be deemed sufficient notice.
A.
No dog shall be permitted to run at large within the
Town of Concord.
B.
No dog shall be permitted upon the public streets
or upon any public property or within public buildings within the
Town of Concord unless it shall be accompanied by an adult or by a
minor who is able to restrain and control said dog and unless such
person accompanying said dog shall actually control and restrain said
dog.
No person being the owner or agent of the owner
of any dog shall permit such dog to commit any nuisance within the
Town of Concord or cause damage to the person or property of others.
The following are declared public nuisances and are set forth herein
for explanatory purposes only and are not to be considered as excluding
other types of nuisances:
A.
Engaging in loud howling or habitual barking or so
conducting itself so as to disturb the public peace. The Dog Control
Officer shall be responsible for calls until 11:00 p.m. After 11:00
p.m., complaints shall be directed to the Erie County Sheriff's Department.
B.
Chasing
and/or barking at moving vehicles or persons on foot or on a bicycle
or at other domestic or farm animals.
[Amended 7-10-2014 by L.L. No.
3-2014]
C.
Jumping upon any person or knocking any person over.
D.
Causing damage to property of others, including garbage
containers.
E.
Depositing waste on the private property of another
who does not have knowledge of the dog's presence thereon and does
not assent thereto.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
The Dog Control Officer or a law enforcement
officer shall investigate all written and oral complaints and seize
any dog which is found at large within the Town of Concord in violation
of this article as well as any dog or dogs otherwise required to be
seized by virtue of the Agriculture and Markets Law of the State of
New York.
A.
Every dog seized shall be properly fed and cared for
at the expense of said Town until disposition thereof is made as herein
provided. The redemption of a seized dog shall be in conformance with
and pursuant to the provisions of the Agriculture and Markets Law
of the State of New York, both as to licensed and unlicensed dogs.
B.
In the event that the dog seized bears a license tag, the Dog Control
Officer or officer shall ascertain the owner of the dog and shall
give immediate notice, in writing, by certified mail, return receipt
requested, or personal service on a person living at that address
or by notice being tacked on the door of the residence and a copy
mailed to the address, stating that the dog has been seized and that
the dog will be placed for adoption or will be destroyed unless redeemed
within the period hereinafter provided.
[Amended 7-10-2014 by L.L. No.
3-2014]
C.
The owner of any dog seized may redeem the dog within three days
of service of such notice, except that the owner of a dog bearing
a tag may redeem the dog within seven days of such notice. The owner
shall pay to the Town Clerk or the Dog Control Officer a seizure fee,
said seizure fee to be increased for each subsequent violation in
a year, in such amount as set forth by the Town Board, plus license
fees and penalties prescribed by law, if the dog is unlicensed. If
notice to an identified dog owner is given by mail only, then the
redemption period is nine days pursuant to New York State Agriculture
and Markets Law § 118(8).
[Amended 6-9-2005 by L.L. No.
2-2005; 10-8-2009 by L.L. No.
3-2009; 7-10-2014 by L.L. No.
3-2014]
D.
For a second and subsequent violation by one owner within a one-year period, the Dog Control Officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve or deliver a notice of second violation upon the owner of said dog specifying the time, place and nature of said violation. The owner of such dog shall redeem the dog within five days by paying a sum as set forth from time to time by Town Board, which may be in addition to the amounts set forth in Subsection C above, and kennel fees as set forth from time to time by Town Board. The failure of the owner to make such payment within the required period shall render the owner subject to the penalties hereinafter provided.
[Amended 6-9-2005 by L.L. No.
2-2005; 10-8-2009 by L.L. No.
3-2009]
E.
If any dog so seized is not redeemed within its time hereinbefore
set forth, the owner shall forfeit all title to the dog and the dog
shall be offered for adoption by the Town. In the case of seizure,
the adoptive party must pay the cost of seizure to the Dog Control
Officer and will obtain a license for such dog. The owner of a dog
so seized shall pay to the Dog Control Officer the cost of seizure
and kenneling of such dog, and such costs may be recovered by the
Town in a civil action brought in the name of the Town before a Town
Justice in the Town of Concord. Said action shall be brought by the
Dog Control Officer by filing appropriate summons and complaint in
the Concord Town Court.
[Amended 10-8-2009 by L.L. No.
3-2009]
F.
Any dog seized by the Dog Control Officer and not redeemed within
the above statutory period may be turned over to the SPCA or other
such humane agency for proper and humane care. No dog seized hereunder
shall be sold or surrendered to any person, firm, organization or
institution for experimental use.
[Amended 10-8-2009 by L.L. No.
3-2009; 7-10-2014 by L.L. No.
3-2014]
G.
Any section of the original text of the Dog Control Law of the Town of Concord (Article II, Chapter 53, Local Law No. 3 of 1995 adopted September 13, 1995) not amended by Local Law No. 3 of 2014 shall remain in full force and effect.
[Added 10-8-2009 by L.L. No. 3-2009; amended 7-10-2014 by L.L. No. 3-2014]
[Amended 6-9-2005 by L.L.
No. 2-2005]
Any dog reported by the owner to the Dog Control
Officer as being lost or stolen and later recovered by the Dog Control
Officer or law enforcement officer may not be subject to the fees
hereinbefore established if said dog is redeemed within two days of
notice of recovery.
A.
The Dog Control Officer appointed by the Town Board,
as provided by Article 7 of the Agriculture and Markets Law, shall
enforce the provisions of this article and may also investigate and
report to a Town Justice any dangerous dog as described in § 121
of the Agriculture and Markets Law and shall carry out the order or
orders of the Town Justice in those cases provided for in § 118
of the Agriculture and Markets Law and may enforce and carry out the
duties outlined generally in Article 7 of said Agriculture and Markets
Law.
B.
The Dog Control Officer shall also have the authority
to issue an appearance ticket pursuant to the Criminal Procedure Law
for any violation of this article.
(2)
If a person charged with the violation admits to the
violation as charged in the appearance ticket, he or she may complete
the form attached to the appearance ticket and forward such form and
appearance ticket. The Town Justice to whom the ticket has been referred
shall inform the violator as to the amount of the penalty for the
violation charged. A check or money order must then be submitted.
(3)
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he or
she may complete the form likewise prescribed for that purpose and
forward such form and appearance ticket, together with security in
the amount of $15, to the office specified on such appearance ticket.
Upon receipt, such answer shall be entered and a new return date established
by said office. Such person shall be notified by return mail of the
date, time and place of such return date, and the security shall be
returned upon appearance thereat. If a person shall fail to appear
at a return date, when such is provided for pursuant to this section,
the security posted to secure such appearance shall be forfeited and
a summons or warrant of arrest may be issued pursuant to the Criminal
Procedure Law.
C.
Every dog seized by the Dog Control Officer shall
be maintained, redeemed, sold or destroyed in accordance with Article
7 of the Agriculture and Markets Law of the State of New York.
D.
The Dog Control Officer shall pursue all nonpayment
of violations with a Town Justice of the Town of Concord.
[Amended 10-8-2009 by L.L. No. 3-2009]
A.
Any person committing an offense against any of the provisions of
this article shall be punishable, upon conviction, by a fine of $25
for the first violation, $50 for the second violation and $100 for
the third and subsequent violations.
B.
The owner of a dog who is issued an appearance ticket may answer
the same by registered or certified mail, return receipt requested,
within five days of the violation(s), as hereunder provided, in lieu
of a personal appearance on the return date at the time and court
specified in said appearance ticket.
C.
In the event that there is a violation of this article based upon
an information and not an appearance ticket and the owner of the dog
demands a trial, the owner shall post bail of $25, pay for the care
of the dog while it is impounded and demand, in writing, a trial.
The Dog Control Officer or other law enforcement officer shall immediately
proceed to file an information with a Town Justice so that the matter
will appear on the docket of the Town Justice Court as soon as possible.
The rules of procedure and proof applicable in criminal actions shall
apply.
D.
There shall be a fifty-dollar charge to be paid by the owner of the
surrendered animal, which covers the cost of removal to the SPCA or
other humane agency.
