§ 57-7. Enforcement agency., Chapter 57. Dogs, Part II. General Legislation, Code of Ordinances, New Castle

The Police Department of the Town of New Castle, the Community Service Worker, the New Castle Dog Control Officer or the representative of a humane society under contract with the Town shall enforce the provisions of this chapter. The Community Service Worker, the New Castle Dog Control Officer and the Town Police Department shall be authorized to draw any information and obtain supporting affidavits pursuant to the Criminal Procedure Law for submission to the Town Justice Court as required for the enforcement of this chapter and the provisions of Article 7 of the Agriculture and Markets Law.

[Amended 10-14-1980 by L.L. No. 16-1980; 2-26-1985 by L.L. No. 4-1985; 2-22-2000 by L.L. No. 2-2000]

In each case where an officer of the Police Department, the Community Service Worker, the New Castle Dog Control Officer or a representative of a humane society designated by the Town Board as a Dog Control Officer believes a violation of any provision of this chapter has been committed in his presence, he may issue an appearance ticket, pursuant to the Criminal Procedure Law, for such alleged violation and shall provide, on a form approved by the Town Justices, on the reverse side of such appearance ticket, that an answer may be made by registered or certified mail, return receipt requested, within five days of issuance, as provided in Subsections C and D of this section, in lieu of personal appearance on the return date at the time and place specified in said appearance ticket.

[Amended 10-14-1980 by L.L. No. 16-1980; 2-26-1985 by L.L. No. 4-1985; 2-22-2000 by L.L. No. 2-2000]

Admission of violation; penalties.

[Amended 10-26-1976 by L.L. No. 8-1976; 2-26-1985 by L.L. No. 4-1985]

(1)

If a person charged with a violation admits to the violation alleged in the appearance ticket, he may complete the appropriate form provided thereon and forward such form and appearance ticket to the Clerk of the Town Justice Court. Said form shall provide for the following schedule of penalties:

(a)

First violation within prior twelve-month period: $50.

(b)

Second violation within prior twelve-month period: $100.

(c)

Third or subsequent violation within prior twelve-month period: $150.

If a person charged with a violation denies part or all of the violation as charged in the appearance ticket, he may complete the appropriate form likewise provided thereon for that purpose and forward such form and appearance ticket, together with security in the amount of $15 to the Clerk of the Town Justice Court. Upon receipt, such answer shall be entered and a new return date established by the Town Justice Court. Such person shall be promptly notified of the new return date and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided pursuant to this section, the security posted shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.