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.