[Adopted 6-13-1978 by L.L. No. 2-1978]
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:
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.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
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]
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.
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Designates the area within the corporate limits of the Town
of Ossining exclusive of the Villages of Ossining and Briarcliff Manor.
A.
It shall be unlawful for any owner of any dog in the
Town of Ossining to permit or allow such dog to:
(1)
Run at large unless the dog is restrained by an adequate
leash not exceeding eight feet in length.
[Amended 6-28-2006 by L.L. No. 4-2006]
(2)
Engage in loud howling, barking, crying or whining
or conduct itself in such a manner so as to unreasonably or habitually
disturb the comfort or repose of any person other than the owner of
such dog.
[Amended 3-26-1985 by L.L. No. 2-1985]
(3)
Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property not belonging to the owner
of such dog.
(4)
Chase, jump upon or at or otherwise harass any person
in such manner as to reasonably cause intimidation or fear or to put
such person in reasonable apprehension of bodily harm or injury.
(5)
Chase, run alongside of or bark at motor vehicles
while on a public street or highway or upon public or private property
other than the property of the owner or harborer of said dog.
[Amended 3-26-1985 by L.L. No. 2-1985]
(6)
Create a nuisance by defecating, urinating or digging
on public property or private property other than the property of
said owner, unless the owner shall immediately clean up after and
correct the damage done by his dog.
B.
Establishment of the fact or facts that the owner
of a dog has allowed or permitted such dog to commit any of the acts
prohibited by this section shall be presumptive evidence against the
owner or harborer of such dog that he has failed to properly confine,
leash or control his dog.
A.
A dog found running at large in violation of § 74-5A(1) of this article or of § 118 of the Agriculture and Markets Law may be seized in accordance with the provisions of § 118 of the Agriculture and Markets Law by any Dog Warden, as defined herein, exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and such dog shall be impounded and disposed of in accordance with the provisions of § 118 of the Agriculture and Markets Law.
[Amended 3-26-1985 by L.L. No. 1985]
B.
After any such seizure, every dog seized shall be
properly fed and cared for at the expense of the Town. The owner of
such dog, if the owner is ascertainable from the dog's license tag,
shall be notified personally by serving such owner with a notice in
writing stating that the dog has been seized and may be destroyed
unless redeemed.
C.
Redemption.
(1)
A dog owner may redeem a dog from the pound within
seven days if untagged or within 12 days if properly tagged, upon
payment of the following sums to the Town Clerk:
[Amended 3-26-1985 by L.L. No. 2-1985]
(a)
For the first impoundment: $20 for the first 24 hours
or part thereof and thereafter $5 for each additional 24 hours or
part thereof.
(b)
For the second impoundment: $40 for the first 24 hours
or part thereof and thereafter $10 for each additional 24 hours or
part thereof.
(c)
For the third and subsequent impoundments: $60 for
the first 24 hours or part thereof and thereafter $15 for each additional
24 hours or part thereof.
(2)
If not so redeemed, the owner shall forfeit all title
to the dog, and the dog shall be sold or destroyed. In the case of
sale, the purchaser must pay the purchase price to the Town Clerk.
D.
No action shall be maintained against the Town of
Ossining, any duly designated Dog Warden or any other agent or officer
of the Town 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 § 118 of the Agriculture
and Markets Law.
[Amended 3-26-1985 by L.L. No. 2-1985]
A.
Any person who observes a dog in violation of this
article may file a complaint under oath with a Town Justice, specifying
the nature of the 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 shall summon the alleged owner to appear in person before him for
a hearing, at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence.
[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.
