Village of Cazenovia, NY Animals

Dogs and cats, and fish, turtles, gerbils, guinea pigs and other household pets customarily kept in a glass enclosure or cage inside a residential dwelling for personal companionship and enjoyment, but specifically excluding any poultry, water fowl, swine, cattle, sheep, goats, horses, or any wild or dangerous animals, or any animal kept for production of food, pelts or hides.

AT LARGE

Any animal off the premises of its owner and not under restraint shall be deemed at large.

PERSON

Includes any individual, firm, partnership, corporation or other entity capable of being sued.

§ 50-2 Animals not to run at large.

[Amended 1-3-2011 by L.L. No. 1-2011]

No person shall permit any animal under his ownership or possession, other than domestic cats, to run at large in the Village of Cazenovia.

§ 50-3 Animals prohibited in Village.

[Amended 1-3-2011 by L.L. No. 1-2011]

No animals other than domestic animals shall be kept, housed, harbored or maintained in the Village of Cazenovia.

§ 50-4 Penalties for offenses.

[Amended 4-3-2000 by L.L. No. 1-2000]

Any violation of this article shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

Article II Dogs

[Adopted 3-20-1980 by L.L. No. 1-1980]

§ 50-5 Purpose.

The purpose and intent of this article shall be to preserve the public peace and good order of the Village of Cazenovia, Madison County, New York, to contribute to the public welfare and to the preservation and protection of the property and person of the inhabitants of said Village by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the Village.[1]

[1]

Editor's Note: Original Section 2, Exclusions, which immediately followed this section, was deleted 4-3-2000 by L.L. No. 1-2000.

§ 50-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

Any dog shall be deemed at large when it is off the property of its owner, and not under restraint.

DOG

Any dog, either male or female, whether such female dog is spayed or not.

OWNER

Any person who owns, keeps, harbors, or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents, or other head of the household where the minor resides.

RESTRAINT

A dog is under restraint when it is controlled by a leash, or in the presence of a competent person and obedient to that person's commands; or on or within a vehicle being driven or parked on the street, or within the property limits of its owner or keeper, or upon the premises of another with the consent of such other person.

§ 50-7 Dog Control Officer.

The position of Dog Control Officer may be created by the Village Board of the Village of Cazenovia and such Dog Control Officer shall have all of the powers of a peace officer in the execution of this article and in the execution of Article 7 of the Agriculture and Markets Law, including the service of summons, and the service and execution of any other order or process. Every dog seized by the Dog Control Officer shall be maintained, redeemed, sold or destroyed in accordance with Article 7 of the Agriculture and Markets Law.

§ 50-8 Restrictions.

No owner shall permit or allow a dog to run at large within the Village of Cazenovia, unless such dog shall be restrained as provided in § 50-6 herein.

No dog shall be permitted to cause damage or destruction to property, or commit a nuisance, or to defecate upon the premises of a person, other than to or upon the premises of the owner or persons harboring such dog.

No owner shall keep or harbor a dog which howls or barks so as to disturb the peace and quiet of other persons.

No dog shall be permitted to chase or otherwise harass any person in such manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury except in defense of property or inhabitants.

No dog shall be permitted to chase or bark at moving motor vehicles, bicycles, animals or snowmobiles.

No unspayed female dog in season shall be permitted to be outside a building or a fence enclosure, except that the owner may exercise such dog while on a securely fastened leash not more than six feet long.

No owner shall fail to provide dogs with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

§ 50-9 Unlicensed dogs.

Pursuant to the Agriculture and Markets Law, owning or harboring a dog within the Village of Cazenovia unless such dog is licensed as required by the provisions of the Agriculture and Markets Law shall be an offense or violation. The fact that a dog is without a license tag, attached to a collar, shall be presumptive evidence that the dog is unlicensed.

§ 50-10 Violations and restrictions.

Any person who observes a dog violating, or which is being permitted to violate any of the restrictions set forth in § 50-8 herein, may file a complaint, signed under oath, with the Village Justice, Village of Cazenovia, specifying the violation, the date thereof, damage caused, if any, a description of the dog, and name and residence if known, of the owner or other person harboring such dog.

Upon receipt by the Village Justice of any complaint against the conduct of any particular dog, or the owner thereof, the Village Justice shall, upon a three-day notice, summon the alleged owner or other person harboring said dog to appear in person before him to answer to said complaint. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§ 50-11 Penalties for offenses.

[Amended 4-3-2000 by L.L. No. 1-2000]

A violation of the article shall be deemed an offense, and a violation thereof shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.

§ 50-12 Additional civil penalties.

Any violation of this article observed by or acted upon by the Dog Control Officer shall subject the owner of such dog to civil penalties which shall be in addition to or instead of such other penalty or fine as may be provided for in this article or pursuant to Article 7 of the Agriculture and Markets Law.

For the first violation of § 50-8, the Dog Control Officer shall, upon determination and identification of the dog, serve, mail or deliver a notice of first violation specifying the time, place, date and nature of violation upon the owner of the dog, and which notice shall instruct the owner to report at the Village Clerk's Office of the Village of Cazenovia, New York, in regard to said violation. Each such owner shall, within seven days of the time at which such notice was served, mailed or delivered, pay to the Village, as an additional civil penalty for such violation, the sum of $15.

For a second or subsequent violation of § 50-8 within a one-year period, the Dog Control Officer may, upon determination and identification of the dog, seize the same and hold the same for redemption or otherwise as provided in Article 7 of the Agriculture and Markets Law; in addition to such seizure and in any event, whether or not such seizure is made, the Dog Control Officer shall serve, mail or deliver to the owner of the dog a notice of second violation, which notice shall instruct the owner to report to the Village Clerk's office in regard to such violation. Each owner shall, within 12 days of the time when such notice was served, mailed or delivered, pay to the Village, as an additional civil penalty for such violation, the sum of $25.

The failure of such owner to make payment to the Village Clerk shall render the owner subject to a civil action in the name of the Village, to recover from the owner the applicable penalty established in this section.