Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Perry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 300.
Parks and recreation — See Ch. 320.
Peace and good order — See Ch. 327.
[Adopted 9-13-1971 by L.L. No. 2-1971]

§ 160-1 Purpose.

The purpose of this article shall be to preserve the public peace and good order in the Village of Perry and to contribute to the public welfare and the preservation and protection of the person and the property of the inhabitants by declaring and enforcing certain regulations and restrictions on the activities of dogs within the Village of Perry.

§ 160-2 Title.

The title of this article shall be "Dog Control Law of the Village of Perry."

§ 160-3 Definitions.

As used in this article, the following words shall have the following respective meanings:
ANIMAL CONTROL OFFICER
The person authorized by the Village Board from time to time, by resolution, to enforce the provisions of this article.[1]
AT LARGE
Other than on the premises of the owner or on the premises of another person without the knowledge, consent and approval of said other person.
DOG
Both male and female dogs, both licensed and unlicensed.
OWNER
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-4 Dog control.

A. 
It shall be unlawful for any owner of or any person harboring any dog in the Village of Perry to permit or allow such dog to:
(1) 
Run at large unless said dog is restrained by adequate collar and leash or unless said dog is accompanied by its owner or a responsible person able to control the animal. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners.
(2) 
Engage in habitual loud howling or barking or to conduct itself in such a manner so as to habitually annoy any person other than the owner or person harboring such dog.[1]
[1]
Editor's Note: Original § 4(c), which immediately followed this subsection and dealt with dogs causing damage or committing a nuisance, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Subsection B of this section.
(3) 
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
(4) 
Habitually chase or bark at motor vehicles or cycles.
B. 
No owner or harborer of a dog shall permit or allow said dog to defecate or commit any other nuisances or damage to public property in any park, public building, street, parking lot, alley or sidewalk, or on any private property of another without the consent of such owner.
[Added 5-15-1995 by L.L. No. 2-1995]
C. 
The owner shall be responsible for the immediate cleanup of any excrement deposited by his or her animals.
[Added 5-15-1995 by L.L. No. 2-1995]

§ 160-5 Female dogs.

It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat and such dog shall be confined to the premises of such person during such period.

§ 160-6 Enforcement. [1]

This article shall be enforced by the Animal Control Officer or by the Village Police Department or any other law enforcement officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-7 Impoundment of dogs running at large. [1]

Any unlicensed or untagged dog found to be running at large in violation of § 118 of the Agriculture and Markets Law shall be subject to seizure, and any dog found to be running at large during the period of a night quarantine in violation of § 123 of the Agriculture and Markets Law or any dog found to be running at large during the period of a quarantine to prevent deer depreciation in violation of § 122 of the Agriculture and Markets Law shall be subject to the provisions of such laws and shall be impounded and taken to such place as may be designated by the Village Board as a place of detention.
A. 
Seizure of licensed dogs. In the event that the dog seized bears a license tag, the person seizing the dog shall thereafter ascertain the name of the owner and give the owner notice in writing that the dog has been seized, indicating when, where, and why the dog was seized and stating that the dog will be destroyed unless redeemed or a trial is demanded within five days after notice.
B. 
Seizure of unlicensed dogs. In the event that the dog seized does not bear a license tag and the owner is unknown, the Animal Control Officer or other law enforcement officer shall be authorized to destroy the dog five days after impounding.
C. 
Redemption. After any such seizure or impounding, the record owner of such dog so seized and impounded shall be notified personally or by affixing a written notice to the owner's last known residence. Such dog so seized or impounded shall be held for a period of five days during which period such dog shall be fed and properly cared for at the normal rate so charged by the pound or place where the dog is held in custody. During said period the owner of such dog may recover the same during the business hours of the pound or place of keeping the dog by producing a license for such dog and by paying the sum as provided in § 118 of the Agriculture and Markets Law for seizure and impounding and the normal rate of charge for each day or part thereof for the keeping, feeding and caring for such dog while in custody. Said sum shall be paid to the Village Clerk who will issue a receipt.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-8 Complaint procedure.

A. 
Any person who observes a dog in violation of this article or who observes a dog causing damage or destruction to property of a person other than its owner may file a complaint under oath with a Village Justice specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
B. 
Upon receipt by the Village Justice of any complaint against the conduct of any particular dog, such Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, he may permit the filing of an information and issue a warrant for the arrest of such person.

§ 160-9 Trial procedure. [1]

In the event that the owner of the dog desires a trial, he shall post bail of $25, pay for the care of the dog while impounded and demand a trial before the Village Justice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-10 Forfeiture of title to dog.

If an impounded dog is not redeemed or trial demanded within the time hereinbefore set forth pursuant to the Agriculture and Markets Law, the owner shall forfeit title to the dog and it may thereafter be sold by the Village or destroyed.

§ 160-11 Destruction of dogs. [1]

In the event that it becomes necessary to destroy a dog, the Animal Control Officer or other law enforcement officer shall arrange for the destruction of the dog and make a report in writing of such destruction to the Village Clerk. The Village Clerk shall keep a record of the destruction for one year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 160-12 Penalties for offenses.

A. 
A violation of this article shall be deemed an offense, and the person convicted of such violation will be subject to a fine of not more than $25, except that where the person was found to have committed a violation within the preceding five years the fine may be not more than $50, and where the person was found to have committed two or more such violations within the preceding five years the penalty shall be a fine of not more than $100 or imprisonment for not more than 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, a dog found to be dangerous may be ordered securely confined or destroyed in the discretion of the court.
[Adopted 2-7-1983 by L.L. No. 1-1983]

§ 160-13 Definitions.

For the purposes of this article the following words are defined:
CHICKEN
The term "chicken" shall refer exclusively to domestic hens and shall intentionally exclude roosters. No other fowl, but the domestic chicken, is to be permitted or included in the category of chicken addressed by this article.
[Added 5-2-2016 by L.L. No. 2-2016]
FARM
Any parcel of land containing five acres or more which is used for the raising, production or breeding of livestock or the raising of cattle for the purpose of milk production; provided, however, that the structures for such uses shall be located not less than 100 feet from any property line and that the storage of manure shall be not less than 200 feet from any residence on a neighboring lot.
FOWL
Any domesticated bird kept for its eggs or flesh including, but not limited to, ducks, geese, chickens, turkeys, pheasants, and pigeons; this does not include birds that are kept as household pets as defined in this article.
[Added 5-2-2016 by L.L. No. 2-2016]
HOUSEHOLD PET
Those creatures which are normally kept within the confines of a dwelling for humans, such as dogs, cats, rabbits, birds, turtles, tropical fish and so forth.
OWNER
Every person having a right of property in the subject dog, animal or fowl and every person who has a dog, animal or fowl in his keeping or who harbors the same. Dogs, animals or fowl 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.
PERSON
An individual, firm, partnership, corporation or association of persons.

§ 160-14 Permission required to keep certain animals.

[Amended 5-2-2016 by L.L. No. 2-2016]
A. 
No person shall hereafter keep or harbor horses, cattle, sheep, swine, fowl, or any animal other than cats, dogs, or similar household pets within the Village of Perry without permission of the Board of Trustees. Permission shall be revocable at any time if it appears that the keeping of the animals in question is objectionable or offensive by reason of noise, smell, or other cause. This section shall not apply to any public pound or animal hospital operated by a New York licensed veterinarian located within the Village nor to any person who operates a farm pursuant to the definition of "farm" in this article.
B. 
Requirements applicable to keeping and raising of chickens.
(1) 
Permit. The keeping and raising of chickens for personal use within the Village of Perry shall be authorized only upon obtaining a permit from the Village Code Enforcement Officer. Said permit shall be made upon an application form to be promulgated by the Village of Perry Clerk, and upon satisfactory inspection by the Code Enforcement Officer to verify compliance with the requirements of this section. The original permit application shall include a site plan detailing the dimensions of the enclosure, and location of all poultry housing and runs including their distance from all neighboring properties. The permit shall be valid for one year only, and an annual permit fee and all renewal fees, to be set by the Village Board of Trustees, shall be assessed and paid by each successful applicant. The total number of permits to keep and raise chickens within the Village is limited to five at any one time.
(2) 
Area requirements.
(a) 
All chickens must be kept at all times in an enclosure containing a coop and run that is constructed and maintained to prevent the chickens from running at large. The enclosure must be resistant to rodents and to predators, provide chickens with adequate protection from inclement weather, provide proper ventilation, and include an enclosed shaded run that is easily accessed and cleaned.
(b) 
The enclosure is to be constructed of materials that are reasonably complementary to existing structures within the viewshed of the enclosure, in order to forestall complaints by neighbors or persons within viewing vicinity of the enclosure.
(c) 
The enclosure shall not be permitted to be located in a storm drainage area that would allow chicken manure to enter any storm drainage system or stream.
(d) 
All enclosures must be located at least 30 feet from any neighboring property line. The Code Enforcement Officer may grant an exception to this setback requirement upon written permission from the affected bordering resident(s). Enclosures shall be prohibited from being located in the front yard of the property.
(3) 
Minimum standards for condition of enclosure.
(a) 
No more than six chickens may be housed or kept on the property at any time. No roosters shall be permitted. The enclosure must provide adequate space for free movement of all chickens and provide chickens with access to water at all times. The enclosure must be regularly cleaned and serviced so as to keep it clean, dry, and odor free at all times in order to minimize possible nuisance to neighboring properties, including, but not limited to, odors and the attraction of flies. The enclosure must be maintained in a sanitary condition at all times. All feed for chickens must be kept within a building in rodentproof containers, and may not be kept outside.
(b) 
Storage of chicken manure shall be permitted no closer than 30 feet to any property line. Storage of chicken manure is discouraged, unless such waste is properly and sanitarily composted. If the presence of chicken manure shall result in runoff or lead to unsanitary conditions such as the attraction of pests, insects or rodents, such condition must be rectified to the reasonable satisfaction of the Code Enforcement Officer, or the permit to keep chickens may be revoked.
(4) 
Inspection of chicken enclosure by Code Enforcement Officer. All applicants for a permit to authorize the keeping of chickens in the Village of Perry shall agree, as an incident of the application process, to allow the Village Code Enforcement Officer to enter upon the premises of the applicant at any reasonable time during daylight hours to inspect the enclosure to verify compliance with the requirements of this section. It is specifically understood, and a condition of the application, that the applicant shall allow such inspection without the necessity of prior notice. Because all enclosures housing chickens are required to be located in exterior lot areas inspected and authorized by the Code Enforcement Officer, it shall be deemed permissible for the Code Enforcement Officer to enter upon the premises of any party maintaining an enclosure housing chickens.
(5) 
Slaughter of chickens. The slaughter of chickens is banned within the Village of Perry and is not authorized by the permit to house chickens.
(6) 
Penalties.
(a) 
Upon receipt of a complaint of a violation of the permit, the Code Enforcement Officer shall inspect, investigate and verify such violation. The findings of the Code Enforcement Officer shall be made in writing, and delivered or mailed to the permit holder. Such notice shall identify the violation, and shall require the immediate remediation of the violation by the permit holder. The Code Enforcement Officer shall inspect and verify compliance with the permit within five days of the delivery of such notice of violation. If the permit holder fails to remediate the violation, the permit shall be revoked.
(b) 
Revocation for cause of any permit to raise or keep chickens shall result in a disallowance of a new or renewal permit by that party for at least one year.
(c) 
If the violation of the permit continues unabated, the Code Enforcement Officer or Village Attorney may file a complaint in the Village Court to prohibit such violation, and may request the Court to invoke the penalty provision of § 160-18 of the Village Code. Section 160-18 provides that a violation of this article is hereby declared to be an offense punishable by a fine not exceeding $100. Each week's violation shall constitute a separate additional violation.

§ 160-15 Disturbing the peace.

[Amended 3-5-2007 by L.L. No. 1-2007]
No person owning, harboring or keeping any cat, animal or fowl shall suffer, permit or allow such creature to disturb the peace and quiet of the neighborhood or other persons by yowling, barking, howling, or making other loud or unusual noises for or at an unreasonable period of time or in an unreasonable manner, nor shall such person suffer, allow or permit such creature to conduct itself in such a manner as to habitually annoy any other person.

§ 160-16 Nuisances.

[Amended 3-5-2007 by L.L. No. 1-2007]
No person owning, keeping, harboring or having the care, custody and/or control of any cat, animal or fowl shall suffer, permit or allow such creature to commit any nuisance in any public street, building, or park or on any private property except with the consent of the owner thereof.

§ 160-17 Nonconforming use.

Any person who at the adoption of this article has, keeps or harbors horses, cattle, sheep, swine, chickens or any other animal other than cats, dogs or similar household pets within the Village of Perry shall have until July 1, 1983, to secure other quarters for said animal or animals outside of the Village of Perry, after which date § 160-14 of this article shall be enforced.

§ 160-18 Penalties for offenses.

[Amended 3-5-2007 by L.L. No. 1-2007]
A violation of this article is hereby declared to be an offense punishable by a fine not exceeding $100. Each week's violation shall constitute a separate additional violation.