TOWN
of OTSEGO DOG ORDINANCE
1. Title
2. Purposes
3. Definitions
4. Regulations and Restrictions
5. Potentially Rabid Dogs
6. Untagged Dogs
7. Seizure of Dogs:
Administration
8. Jurisdiction
9. Complaints and Enforcement
10. Duty of Dog Warden
11. Penalties for Offenses
12. Severability
13. When Effective
1. TITLE
This ordinance shall be known
as the “Dog Ordinance of the Town of Otsego, Otsego County, New York.”
2. PURPOSE
Purpose of this ordinance
shall be to preserve the public peace and good order in the Town of Otsego and
to contribute to the public welfare, safety and good order of its people by
enforcing certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs and the
rights and privileges of other citizens of the Town of Otsego.
3. DEFINITIONS
As used in this ordinance,
the following terms shall have the meanings indicated:
Dogs - Both male and female
dogs, except where the context requires otherwise.
Owner - Includes any person
who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of parents or other head of the household where the
minor resides. Any person harboring a
dog for a period of two (2) weeks prior to the filing of any complaint charging
a violation of this ordinance shall be held and deemed to be the “owner” of the
dog for the purpose of this ordinance.
At Large - An unleashed dog
off the premises of the owner.
Leashed or Restrained by a
Leash - The dog is equipped with a collar or harness to which is attached a
leash, both the collar or harness and the leash to be of sufficient strength to
restrain the dog, and which leash shall be held by a person having the ability
to control and restrain the dog by means of the collar or harness and the
leash.
Dog Control Officer - a
person or persons appointed by the Town of Otsego for the purpose of enforcing
this chapter, and for the purposes of this chapter, such Dog Control Officer is
deemed to be a peace officer and a Deputy of the Town Clerk
Under Voice Control - the
term “ under voice control” shall mean the dog is not more than forty (40) feet
distant from the person in control and the dog has been fully trained to obey
commands of said person to “heel.”
Harbor - to provide food or
shelter
4. REGULATIONS AND RESTRICTIONS
A. All dogs in the Town of Otsego are hereby
required to be restrained by a leash while off the owner’s premises. Whether such dogs are or are not tagged or
licensed; provided however, that dogs are permitted to be unleashed while off
the owner’s premises when under voice control or its owner of any member of the
owner’s household, or when on the premises of another person with such person’s
consents, or when hunting in company with a hunter or hunters, and no person
who owns, keeps, harbors or has the care, custody or control of any dog in the
Town of Otsego shall permit such dog to be at large or unleashed in said Town,
except as permitted by this ordinance.
B. Dangerous Dogs. The owner of any dog which shows vicious or
dangerous characteristics shall at all times restrain and control such dog so
as to prevent injury to persons lawfully conduction themselves, and so as to
prevent such dogs from putting any person lawfully conducting himself in fear
of immediate bodily harm. The owner
shall also restrain and control such dog so as to prevent it from running at
large with a pack of other dogs and from chasing automobiles, moving vehicles,
other animals, and children.
C. Female Dogs.
Any female dog shall be confined to the premises of the owner while such
female dog is in season.
D. Howling Dogs.
No person shall keep or harbor a dog, which howls or barks habitually or
continuously so as to disturb the peace and quiet of other persons.
(1) Damage or
deface property not belonging to the owner of the dog.
(2) Deposit waste
or commit a nuisance on the private property of a person or party other than that of the
owner of the dog.
5. POTENTIALLY RABID DOGS.
The Dog Control Officer or
any Peace Officer or Police Officer is hereby authorized to seize and direct
the confinement of any dog which is reported to have attacked or injured a
human being. Any such dog shall be
confined by the Town for such length of time as may be necessary for the purpose
of determining whether such dog is affected by rabies, and, if so affected, it
will be destroyed.
The owner of such dog shall
upon demand deliver the possession of such dog to the Dog Control Officer or
any other officer authorized to seize the same, and shall upon demand pay the
Town of Otsego the cost of confinement and treatment of the dog.
6. UNTAGGED DOGS.
Any Dog Control Officer or
Peace Officer of Police Officer, of the Town of Otsego shall seize any dog
found at large not wearing the license tag required by Article 7 of the Agriculture
and Markets Law of the State of New York.
7. SEIZURE OF DOGS: ADMINISTRATION.
A. Any Dog Control Officer of Peace Officer or
Police Officer of the Town shall seize any dog, which is found at large and is
in violation of Section 4 of this ordinance at the time when so found at large.
B. After complaint and hearing, a Town Justice
of the Town of Otsego may direct any dog owner who is in violation of Sections
4, 5, or 6 to dispose of the offending dog or to deliver the same to the Dog
Control Officer for humane destruction.
C. Every dog so seized shall be properly fed and
cared for at the expense of the owner until disposition thereof, as herein
provided, and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
D. If any dog is seized for a violation of
Section 4 or 5 hereof only and the dog is wearing a license tag, the Dog
Control Officer or Peace Officer shall ascertain the owner of the dog and shall
give immediate notice to the owner or an adult member of his family, with a
notice in writing stating that the dog has been seized and will be destroyed
unless redeemed as herein provided, unless the court shall rule otherwise.
E. 1. If
a dog is seized for a violation of Section 4A hereof only and the dog is
wearing a license tag, the owner may redeem the dog within seven (7) days by
paying the Town Clerk or authorized Deputy the actual costs involved to seized,
transport, feed ad maintain the dog so seized plus a seizure fee to be set from
time to time by the Town Board and paid to the Town Clerk prior to release of
the dog.
2. If a dog is seized a second time for a
violation of Section 4A, the owner may redeem the dog within sever (7) days by
paying the Town Clerk or Authorized Deputy the actual costs involved to seize,
transport, feed and maintain the dog so seized plus a seizure fee to be set
from time to time by the Town Board and paid to the Town Clerk prior to release
of the dog.
3. If a dog is seized a third time for a
violation of Section 4A, the owner may redeem the dog within seven (7) days by
paying the Town Clerk or authorized Deputy the actual costs involved to seize,
transport, feed and maintain the dog so seized plus a seizure fee to be set
from the time by the Town Board and paid to the Town Clerk prior to release of
the dog.
F. 1. If
any dog is seized pursuant to section 6 hereof only, the owner may redeem the
dog within five (5) days by producing to the person seizing the dog a license
for the dog and by paying to the Town Clerk the costs involved as outlined in
E. 1.
2. If any dog is seized a second time pursuant
to Section 6 the owner may redeem the dog within five (5) days by producing to
the person seizing the dog a license for the dog and by paying the Town Clerk the
costs involved as outlined in E. 2.
3. If any dog is seized a third time pursuant to
Section 6 the owner may redeem the dog within five (5) days by producing to the
person seizing the dog a license for the dog and by paying to the Town Clerk
the costs involved as outlined in E. 3.
G. If an owner is entitled to redeem a dog
pursuant to subsections E and F above and if not redeemed, the owner shall
forfeit all title to the dog and the dog shall be sold or caused to be
destroyed by the Peace Officer of the Dog Control Officer. In the case of sale, the purchaser must pay
the purchase price to the Town Clerk and, if the dog in not licensed, obtain a
license of the dog. The person who
destroys a dog shall immediately dispose of the same and make a written report
of such disposition to the Town Clerk, so shall keep a recorded thereof. If ownership of a dog is forfeited the owner
shall nevertheless bear the financial responsibility for adoption or
destruction and the Town Clerk shall immediately apply to the Justice Court for
a Judgment if the owner fails to pay these expenses with 10 days.
8. JURISDICTION
Any Town Justice of the Town
of Otsego shall have jurisdiction to hear all complaints under this ordinance,
and of all actions and proceedings hereunder, and of all prosecutions for the
violation of this ordinance.
9. COMPLAINTS AND ENFORCEMENT
A. Any person who observes or has knowledge of a
dog violating any section of this ordinance may file a verified signed
complaint under oath with a Town Justice of the Town of Otsego, specifying the
objectionable conduct of the dog, the date thereof, the damage caused, a
description of the dog and the name and residence, if known, of the owner or
other person harboring said dog. Upon
receipt by the Town Justice of any complaint against the conduct of any
particular dog, the Town Justice shall summon the alleged owner or other person
harboring said dog to appear in person before him; if the summons is
disregarded, the Town Justice shall issue a warrant for the arrest of the
accused.
10. DUTY OF THE DOG CONTROL OFFICER
It shall be the duty of the
Dog Control Officer to enforce the provisions of this ordinance and to seize
all dogs found at large in violation of this ordinance or which are ordered
seized by the Town Justice of the Town of Otsego.
11. PENALTIES FOR OFFENSES
The violation of this
ordinance shall be deemed an offense against the within ordinance, and
violation of this ordinance shall be punishable by a fine of minimum of $25 and
a maximum of $50 for a first offense, for a second offense to a minimum of $25
and a maximum of $100, and for a third offense and all subsequent violations a
minimum of $25 and maximum of $150 or by imprisonment not exceeding fifteen
(15) days, or by both such fine and imprisonment. Each separate offense shall constitute a
separate additional violation. The
provisions hereof are in addition to the regulations, restrictions,
requirements and penalties contained in Article 7 of the Agriculture and
Markets Law.
12. SEVERABILITY
The sections, subsections,
sentences, clauses and phrases of this ordinance are several, and, if any such
portion shall be declared invalid, the remainder of the ordinance shall not be
affected thereby and shall remain in force and effect.
13. WHEN EFFECTIVE
This ordinance shall take effect upon its publication and posting as required by law.