Informal Opinion No.

Phillip R. Rumsey, Esq. Town Attorney, Cortlandville

You have asked whether a town may provide for mandatory fines for violations of local dog control regulations. Your concern is that a mandatory fine for conviction would remove the discretion of a local court to determine an appropriate fine.

Municipalities are authorized to enact local laws or ordinances regarding the keeping or running at large of dogs, may impose civil or criminal penalties for violations of the regulations and may provide for the issuance of appearance tickets in accordance with the provisions of the Criminal Procedure…