§ 79-15. Enforcement.

A. 

Enforcement officers. The provisions of this article may be enforced by any person, municipality, or organization for the prevention of cruelty to animals, appointed by law by or pursuant to contract with the Town of Canandaigua.

B. 

Appearance tickets and process. Any person or entity authorized to enforce this article may issue appearance tickets therefor, pursuant to the Criminal Procedure Law, may issue said tickets for any violation of Article 7 of the Agriculture and Markets Law of the State of New York, and is hereby authorized to serve any process relating to any proceeding, whether civil or criminal in nature, in accordance with the provisions of this article. In the event an appearance ticket is unanswered, the Justice Court shall permit the filing of an information from the appropriate enforcement person and issue a warrant of arrest for the alleged violator.

C. 

Seizure. Any dog found to be at large in the Town of Canandaigua shall be seized and impounded. The owner of any dog impounded by the Town of Canandaigua shall be entitled to redeem the dog within five business days, excluding the day the dog is impounded, provided the owner produces proof the dog is licensed and identified and pays the impoundment fees as established by the Town Board which fees shall be, at a minimum, such amount as mandated by the State Agriculture and Markets Law.

[Amended 6-28-2010 by L.L. No. 3-2010; 12-6-2010 by L.L. No. 6-2010]

D. 

Commencement of proceedings. Any person found to have permitted any dog to be at large in the Town of Canandaigua shall be issued an appearance ticket for violation of this article, and shall be prosecuted in the manner herein provided.

E. 

Prosecution of violations.

[Amended 6-28-2010 by L.L. No. 3-2010]

(1) 

Any violation of this article shall be deemed a violation and upon conviction shall be punishable by a fine of:

(a) 

First offense: at least $25 and up to $75 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.

(b) 

Second offense within five years: at least $75 and up to $150 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.

(c) 

Third offense and each subsequent offense within 10 years: not less than $200 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.

(2) 

Any violation of this article by an owner of any dangerous dog shall be deemed a violation for a first or second offense and, in addition to the penalties ascribed in Article 7, § 121, of the Agriculture and Markets Law, upon conviction shall be punishable by:

(a) 

First offense: a fine of $400 per dog and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.

(b) 

Second offense within five years: a fine of $800 per dog and imprisonment in the jail of Ontario County until said fine be paid, not exceeding 10 days.

(3) 

Any violation of this article regarding dangerous dogs, which is the third offense in 10 years for an owner of any dangerous dog, shall be deemed a misdemeanor and, in addition to the penalties ascribed in Article 7, § 121, of the Agriculture and Markets Law, upon conviction shall be punishable by a fine of $1,000 per dog or imprisonment in the jail of Ontario County until said fine be paid, not exceeding 90 days, and/or imprisonment in the jail of Ontario County for a term not exceeding 90 days.