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TOWN OF HANCOCK
NOTICE OF ADOPTION OF ORDINANCE OF THE TOWN OF HANCOCK FOR DOG CONTROL
PLEASE TAKE NOTICE that the Town Board of the Town of HANCOCK, Delaware County,
New York, after holding a public hearing on July 7, l982, at 7:00 o'clock p.m.
EDT, at the Town Clerk's Office a t 29 Leonard Street, Hancock, New York, and
hearing all interested persons, did enact an Ordinance of the Town of Hancock
as follows;
DOG CONTROL ORDINANCE
BE IT ENACTED by the Town Board of the Town of Hancock, Delaware County,
New York, as follows;
An ordinance relating to the control, confining and leashing of dogs
Section l. Purpose. The Town Board of the Town of Hancock 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 ordinance is to
protect the health, safety and well-being of persons and property by imposing
restrictions on keeping and running at large of dogs within the Town.
Section 2. Authority. This ordinance is enacted pursuant to the
provisions of article Seven of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
Section 3. Title. The title of this ordinance shall be "Dog Control
Ordinance of the Town of Hancock".
Section 4. Definition of Terms. As used in this ordinance, the
following words shall have the following respective meanings:
(a) Dog means male and female, licensed and unlicensed,
members of the species Canis Familiaris.
(b) Owner means person entitled to claim lawful custody and
possession of a dog and who is responsible for purchasing the license for
such dog unless the dog is or has been lost, and such loss was promptly
reported to the dog warden and a responsible search has been made. If a dog
is not licensed the term owner shall designate and cover person or persons,
firm, association or corporation, who or which at any time owns or has
custody or control of, harbors or is otherwise responsible for any dog which
is kept, brought or comes within the Town. Any person owning or harboring a
dog for a period of one (l) week prior to the filing of any complaint charging
a violation of this ordinance, shall be held and deemed to be the owner of such
dog for the purpose of this ordinance. In the event the owner of any dog found
to be in violation of this chapter shall be under l8 years of age, the head of
the household in which said minor 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 his ordinance.
(c) Run at large means to be in a public place or on occupied
private lands without the knowledge, consent and approval of the owner of
such lands.
(d) Town means the Town of Hancock.
(e) Dog Warden means a Dog Control Officer.
(f) Occupied private lands means any lands within 300 feet of
a residential building or farm building, whether it be a year-round
residence, seasonal dwelling, mobile home or any other building suitable
for and being used for an overnight habitation or any farm building being
a building actually used to house domestic farm animals or fowl.
Section 5. Restrictions. It shall be unlawful for any owner of any dog
in the Town to permit or allow such dog to:
(a) Run at large as defined in Paragraphs 4 (C) and 4 (f) above
unless the dog is restrained by an adequate leash or unless it is
accompanied by its owner or a responsible person and under the full
control of such owner or person. For the purpose of the ordinance, a dog
or dogs hunting in company of a hunter or hunters shall be considered as
accompanied by its owner.
(b) Engage in habitual loud howling, barking, crying or whining or
conduct itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(c) Uproot, dig or otherwise damage any vegetables, lawns flowers,
garden beds, wherever located, or on other occupied private land as defined
in Paragraph 4 (f) above without the consent or approval of the owner thereof.
(d) Chase, jump upon or at or otherwise harass any person in such a
manner as to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm or injury.
(e) Habitually chase, run alongside or bark at motor vehicles,
motorcycles, or bicycles while on a public street, highway or place, or upon
private property without the consent or approval of the owner of such property.
(f) Create a nuisance by defecating, urinating or digging on public
property or upon occupied private land as defined in Paragraph 4 (f) above
without the consent or approval of the owner of such property.
(g) If a female dog when in heat, be off the owner's premises
unrestrained by a leash.
Section 6. Fees for Seizure of Dogs. The fee for seizure and impoundment
of dogs in violation of Article 7 of the Agriculture and Markets Law and of
paragraph (a) of Section 5 of the ordinance are as follows:
(l) $l5.00 for the first impoundment of any dog owned by that
person;
(2) $25.00 for the second impoundment; and
(3) $50.00 for the third and any subsequent impoundments.
(a) The dog warden or any peace officer shall seize (l) any
unlicensed dog whether on or off the owners the premises. (2) any dog
not wearing a tag, and after January l, l980, not identified, and which is
not on the owner's premises and (3) any dog found in violation of paragraph
(a) of Section 5 of this ordinance. Such seized dog shall be kept and
disposed of in accordance with the provisions of Article 7 of the Agriculture
and Markets Law. The dog warden or peace officer may also investigate and
report to a Town Justice of the Town any dangerous dog as described in
Article 7 of the Agriculture and Markets Law, and see that the order of the
Town Justice in such case is carried out.
(b) The dog warden or a peace officer having reasonable cause to
believe that a person has violated this ordinance shall issue and serve upon
such person an appearance ticket for such violation.
(c) Any person who observes a dog in violation of this ordinance may
file a complaint under oath with a Town Justice of the Town 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 such dog. Such complaint may
serve as the basis for enforcing the provisions of this ordinance.
Section 7 Penalties. Any persons convicted of a violation of this
ordinance shall be liable to a civil penalty not exceeding twenty-five
($25.00) dollars for a first violation, not exceeding fifty ($50.0) dollars
for a second violation and not exceeding seventy-five ($75l00) dollars for
each subsequent violation.
Section 8. Separability. Each separate provision of this ordinance shall
be deemed independent of all other provisions herein, and if any provisions
shall be deemed or declared invalid, all other provisions hereof shall remain
valid and enforceable.
Section 9. Repealer. This ordinance shall supercede all prior local laws,
ordinances, rules and regulations relative to the control of dogs within the
Town of Hancock and they shall be, upon the effectiveness of this ordinance,
null and void.This Ordinance shall become effective ten days after publication
and posting
of this Ordinance pursuant to Section l33 of the Town Law.
DATED: July 7, l982
By Order of the Town Board of the Town of Hancock
By Ruth J. Schoonmaker, Town Clerk
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TOWN LAW