The Town Board of the Town of Ossining 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 of
this article is to protect the health, safety and well-being of persons
and property by imposing restrictions on the keeping and running at
large of dogs within the Town.
[Amended 3-26-1985 by L.L. No. 2-1985]
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
The title of this article shall be the "Dog
Control Law of the Town of Ossining."
As used in this article, the following words
shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article and as amended
thereafter.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG WARDEN
Any person appointed pursuant to § 114 of the Agriculture
and Markets Law of the State of New York by the Town Board of the
Town of Ossining to enforce the provisions of this article and the
provisions of the Agriculture and Markets Law of the State of New
York. Such individuals shall be removable at the pleasure of the Town
Board. Such person shall have all of the powers as enumerated in § 114
of the Agriculture and Markets Law.
[Amended 3-26-1985 by L.L. No. 2-1985]
OWNER
The party purchasing the license unless the dog is or has
been lost and such loss reported to the Dog Warden and reasonable
search has been made. If an animal 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 or harbors or is otherwise responsible for any animal which is
kept, brought or comes within the Town. 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
that the owner of any dog found to be in violation of this article
is a person under the age of 18 years, the head of the household in
which such person under the age of 18 resides shall be deemed to have
custody and control of said dog and shall be responsible for any acts
of the said dog and violation of this article.
RECREATION AREAS
Any real property owned by the Town of Ossining which is
used for recreational purposes by the public, including but not limited
to parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
TOWN
Designates the area within the corporate limits of the Town
of Ossining exclusive of the Villages of Ossining and Briarcliff Manor.
[Amended 10-24-1978 by L.L. No. 6-1978; 3-26-1985 by L.L. No. 2-1985]
A violation of this article shall be an offense
punishable by a fine not to exceed $25, except that:
A. Where the person was found to have violated this article
within the preceding five years, the fine may be not more than $50.
B. 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 more than $100 or imprisonment for not
more than 15 days, or both.
Wherever this article may be inconsistent with
Article 7 of the Agriculture and Markets Law of the State of New York,
then Article 7 of the Agriculture and Markets Law shall prevail.