§ 78-1.  Title. 

This article shall be known as the "Perinton Dog Control Law."

§ 78-2.  Purpose and intent.

The purpose and intent of this article shall be to preserve the public peace and good order in the Town of Perinton and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said town by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the town.

§ 78-3.  Restrictions.

It shall be unlawful for any owner of or any person harboring any dog in the Town of Perinton to permit or allow such dog to:

A.     Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal.  For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.

B.     Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog.

C.     Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.

D.     Bite, chase or otherwise harass any person in such a manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.

E.      Habitually chase or bark at motor vehicles.

§ 78-4.  Number of animals per premises.

It shall be unlawful to keep more than four animals, four months old or older, on any premises regardless of the number of owners, unless the provisions of the Zoning Ordinance of the Town of Perinton in regard to kennels have been complied with. (See Ch. 208, Zoning, 208-23)

§ 78-5.  Female dogs.

It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period. 

§ 78-6.  Dog control officer.  [Amended 3-26-1980 by L.L. No. 1-1980]

A dog control officer or officers, designated as such by the Town Board, as provided by Article 7 of the Agriculture and Markets Law, shall have all the powers of a peace officer in enforcing the provisions of this article.  In addition, any dog control officer of the town or any peace officer authorized by the Town Board to assist in the enforcement of this article may serve any process related to any proceeding, whether criminal or civil in nature, including an appearance ticket, undertaken in accordance with the provisions of this article.

§ 78-7.  Seizure of untagged dogs.  [Amended 3-26-1980 by L.L. No. 1-1980]

Any peace officer or the dog control officer of the town 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.

§ 78-8.  Complaints.

Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner may file a signed complaint under oath with a Justice of the Peace of the Town of Perinton 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.

§ 78-9.  Procedure after complaint.

Upon receipt by the Justice of the Peace of any complaint in writing against the conduct of any particular dog, the Justice of the Peace must summon the alleged owner or other person harboring said dog to appear in person before him.  If the summons is disregarded, the Justice must permit the filing of information and issue a warrant for the arrest of such person.

§  78-10.  Care and redemption or disposition of impounded dogs.

A.     Every dog seized shall be properly fed and cared for at the expense of the Town of Perinton 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.

B.       If the dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice by serving personally or by certified mail, return receipt requested, such 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.  [Amended 3-26-1980 by L.L. No. 1-1980² ] Amended at time of adoption of the Code (see Ch. 1, General Provisions, Art. I).

C.       The owner of a dog so seized may redeem the dog within seven days if notice is served in person or nine days if served by mail, by paying to the Town Clerk the sum of $20 for the first offense, with an increase of $10 for each additional offense, as the cost of the seizure plus an additional charge for the cost of feeding and caring for such dog.  [Amended 12-13-1979 by L.L. No. 7-1979; 4-28-1993 by L.L. No. 5-1993³ ] Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D.     If not so redeemed, the owner than forfeit all title to the dog, and the dog shall be made available for adoption or euthanized.  In the case of adoption, the purchaser must pay the adoption fees and obtain a license before the dog is released from custody.  In all cases, the dog control officer shall maintain a complete record of any seizure and subsequent disposition of any dog as required by Article 7 of the Agriculture and Markets Law of the State of New York.  [Amended 3-26-1980 by L.L. No. 1-1980]

§  78-11  Penalties for offenses.  [Amended 8-9-1979 by L.L. No. 4-1979]

Any person who violates this article or knowingly permits the violation of this article or any of the provisions thereof shall be deemed to have committed an offense against this article, and any person convicted of any such violation after investigation and hearing shall be punishable similarly as a violation under § 119, Subdivision 2(a), of the Agriculture and Markets Law of New York State.

§  78-12  License fees.  [Added 9-14-1978 by L.L. No. 5-1978; amended 8-9-1979 by L.L. No. 4-1979; 4-28-1993 by L.L. No. 5-1993]

The license fees for dogs shall be set by the Town Board by resolution.