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Local Law 1-2007
This local law shall be known and cited as “The Dog Control Law” and sets forth certain regulations for supervision and control of all dogs and sets forth penalties for violation thereof.
Section 1: Purposes

The Town Board of the Town of Oswego finds that the 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 Local Law #1-2007 is to protect the health, safety, and well-being of persons and property by imposing restrictions on the keeping of dogs within the Town and set forth penalties for violations.
SECTION 2: Authority

This local law is enacted pursuant to the provisions of Section 124 of Article 7 of the New York State Agriculture and Markets Law.
SECTION 3: Definitions

Dog: Any member of the species Canis Familiaris.

Dog Control Officer: Any individual appointed by the Town of Oswego Board to assist in the enforcement of this Local Law and Article 7 of the New York State Agriculture and Markets Law.

Harbor: To provide food or shelter to a dog.

Identification Tag: A tag, which sets forth an official identification number as required by the NYS Department of Agriculture and Markets.

Owner: Any person who owns, harbors or has custody and control of a dog.

Owner of Record: Any person in whose name any dog was first licensed pursuant to either subdivision one or subdivision two of Section 109 of the NYS Department of Agriculture and Markets Law, except, however, that if any license is issued to a person under sixteen years of age, the owner of record shall be deemed to be a parent or guardian of such person.

Person: Any individual, corporation, partnership, association, or other organized group of persons, or other legal entity.

Vicious Dog: Any dog that constitutes a physical threat to human beings or other animals.
SECTION 4: Prohibitions

A. it shall be unlawful for any owner of any dog to allow or permit such dog to:

1. Enter or be upon any private property, other than property owned or occupied by the owner or other person having the care, custody or charge of such dog, without the knowledge and consent of the owner or occupant of such private property; or

2. Engage in loud howling or barking, crying or whining for periods of 20 minutes or more or conduct itself in such a manner so as to disturb the comfort and repose of any person other than the owner of such dog; or

3. Cause damage or destruction to property or to commit a nuisance upon the premises of any person other than the owner or harborer of such dog; or

4. While off the owner’s property, chase, jump upon 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.
SECTION 5: Enforcement

Any Dog Control Officer, peace officer, member of the sheriff’s or state police department may enforce this local law.
SECTION 6: Appearance Tickets

Any Dog Control Officer, or peace officer, when acting pursuant to his special duties, in the employment or under the contract with the Town of Oswego, or any police officer, observing a violation hereof in his presence shall issue and serve an appearance ticket for such violation.
SECTION 7: Penalties

Any person convicted of violation of this local law shall be liable to a penalty of $50.00 for the first offense; $100.00 for the second offence of this law within a five year period, and $150.00 for the third violation of this ordinance within a five year period, and for any subsequent violations within the five year period, the fine shall not be less than $100.00.

A. The town shall impose a $25.00 fee on all dogs taken into custody by the dog control officer.

B. There shall be an additional licensing fee of $5.00 if a dog is identified as unlicensed during an enumeration conducted pursuant to Subdivision 7 Section 14 of Article 7 of the Agriculture & Markets Law.
SECTION 8: Separability

This local law shall supercede all prior local laws, rules and regulations relative to the control of dogs within the Town of Oswego, and they shall be, upon effective date of this law, null and void.
SECTION 9: Local Fee

The local dog license fee shall increase from $2.00 to $3.00 per dog.
SECTION 10: Effective date

This local law shall take effect upon filing with the Secretary of the State of New York.