A Local Law to Control Dogs in the Town of Kendall, New York

Local Law No. 3 of the year 1999

 

SECTION 1:    The purpose of this local law is the control of dogs, dog owners and the
                         protection of persons, property, and other animals from the actions of dogs.


SECTION 2:    This local law shall apply to all areas of the Town of Kendall.


SECTION 3:    Definitions of Terms.  The following definitions shall apply to this local law.
                        A.    Dog.  Dog shall mean male and female, licensed and unlicensed, member
                                of the species Canis familiaris.
                        B.    Owner.  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.
                        C.    Harbor.  To provide food or shelter to any dog.
                        D.    Nuisance; including but not limited to:
                                1.    Engaging in loud howling or habitual barking or so conducting
                                        itself so as to disturb the public peace.
                                2.    Chasing and/or barking at moving motor vehicles or persons or at
                                        other domestic or farm animals.
                                3.    Jumping upon any person or knocking any person over.
                                4.    Causing damage to property of others, including garbage containers.
                                5.    Depositing waste on the private property of another who does not
                                        have knowledge of the dog's presence thereon and does not assent
                                        thereto.


SECTION 4:    It shall be unlawful for any owner or any person harboring any dog(s) in the
                        Town of Kendall to permit or allow said dog(s) to:
                        A.    Cause damage to or destruction of property or to commit a nuisance
                                upon the premises of a person other than the owner or person
                                harboring said dog(s).
                        B.    Chase or otherwise harass any person in such a manner as may
                                reasonably cause intimidation  or to cause any person to be in
                                reasonable apprehension of bodily injury or harm.
                        C.    Habitually chase or bark at motor vehicles, bicycles, other vehicles
                                and/or pedestrians.
                        D.    Habitually bark or otherwise cause a nuisance for persons other than the
                                owner or person harboring said dog(s).

SECTION 5:    Any person who observes a dog causing damage or destruction of property
                        of a person other than its owner or committing a nuisance upon the premises
                        of a person other than its owner or violating  any of the provisions of
                        SECTION 4 of the local law may file a complaint in writing under oath with
                        the Town Justice Court of the Town of Kendall.  Such a complaint must
                        specify the objectionable conduct of the dog(s), the date thereof, a description
                        of any damage caused and the name and address of the owner or person
                        harboring said dog(s).  Such a complaint must be filed on a form prescribed by
                        the Town Board and available at the Office of the Town Clerk of the Town of
                        Kendall during regular regular business hours.

SECTION 6:    Upon receipt of said complaint by the Justice Court, a Town Justice may
                        summon the alleged owner or other person harboring said dog(s) to appear
                        before him; if the summons is disregarded, the Town Justice may permit the
                        filing of an information and issue a warrant for the arrest of such person.

SECTION 7:    Any person who violates this local law or knowingly permits the violation of
                        this local law or any of the provisions thereof, shall be deemed to have
                        committed an offense against this local law and any person convicted of such
                        violation shall be liable in the case of a first offense to a penalty not more than
                        Fifty ($50) Dollars for each violation in the case of a second or further offense
                        of a penalty of not less than Fifty ($50) Dollars nor more than One Hundred
                        ($100) Dollars for each violation.

SECTION 8:    This local law shall take effect ten (10) days after its filing with the Secretary of
                        State and posting as provided by the Town Law of the State of New York.