Village of Manlius, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Manlius: Art. I, 5-10-1977 as L.L. No. 2-1977; Art. II, 10-27-1959. Section 46-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES

Parks — See Ch. 72.

ARTICLE I
Dog Control (§ 46-1 — § 46-13) 

ARTICLE II
Animals Generally (§ 46-14 — § 46-16) 

[Adopted 5-10-1977 as L.L. No. 2-1977]

§ 46-1
Statement of purpose. 

§ 46-2
Definitions. 

§ 46-3
Leashing. 

§ 46-4
Noise. 

§ 46-5
Property damage and other nuisances. 

§ 46-6
Seizure and confinement of potentially rabid dogs; costs. 

§ 46-7
Nuisances. 

§ 46-8
Restraint of dangerous dogs. 

§ 46-9
Responsibility for dogs. 

§ 46-10
Confinement of dogs in heat. 

§ 46-11
Seizure and disposition. 

§ 46-12
Jurisdiction; complaint procedure. 

§ 46-13
Penalties for offenses. 

§ 46-1 Statement of purpose.

The purpose of this Article shall be to preserve the public peace and good order in the Village of Manlius and to contribute to the public welfare and the preservation and protection of the property and persons 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.

§ 46-2 Definitions.

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

AT LARGE
An unleashed dog off the premises of the owner.
DOG WARDEN
Any peace officer or other authority designated from time to time by the Board of Trustees of the Village of Manlius to enforce the provisions of this Article.
LEASHED or RESTRAINED BY A LEASH
The dog is equipped with a collar to which is attached a leash. Both the collar and leash shall be of sufficient strength and length to restrain the dog, and the leash shall be held by a person having the ability to control and restrain the dog by means of the collar and leash.
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.

§ 46-3 Leashing.

All dogs in the village, whether licensed or not, are hereby required to be restrained by a leash while off the owner's premises; provided, however, that dogs are permitted to be unleashed while off the owner's premises when on the premises of another person with such other person's consent. No person who owns, keeps, harbors or has the care, custody or control of any dog in the village shall permit such dog to be at large or unleashed in said village except as permitted by this Article.

§ 46-4 Noise.

No person shall keep or harbor a dog which howls or barks continuously for a unreasonable length of time so as to disturb the peace and quiet of other persons.

§ 46-5 Property damage and other nuisances.

The owner of a dog shall not permit the dog, even though leashed, to do any of the following acts:

A. 

Damage or deface property not belonging to the owner of the dog.

B. 

Deposit waste or commit a nuisance on the property of a person or party other than that of the owner of the dog.

§ 46-6 Seizure and confinement of potentially rabid dogs; costs.

A. 

The Dog Warden is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Said confinement shall be at a licensed veterinarian's. Any such dog shall be confined at the owner's expense for such length of time as may be necessary for the purpose of determining whether such dog is affected by rabies, and if so affected, it may be destroyed.

B. 

The owner of such dog shall, upon demand, deliver the possession of such dog to the Dog Warden and shall, upon demand, pay to the village the cost of confinement and treatment of the dog.

§ 46-7 Nuisances.

No person owning, keeping, harboring or having the care, custody and/or control of any dog, whether licensed or unlicensed, shall suffer, permit or allow such dog to commit any nuisance in any public street, public building or public park or any private property, except with the consent of the owner thereof.

§ 46-8 Restraint of dangerous dogs.

The owner of any dog which is vicious or dangerous to persons or animals shall at all times restrain and control such dogs so as to prevent injury to persons lawfully conducting themselves onto the property and so as to prevent such dog from putting any persons in fear of immediate bodily harm, provided that such person is lawfully conducting himself at the time. The owner shall also restrain and control such dog so as to prevent it from running at large with a pack of other dogs and from chasing automobiles, moving vehicles, other animals and people.

§ 46-9 Responsibility for dogs.

Any person keeping, harboring or having the care, custody and/or control of any dog, whether licensed or unlicensed, prior to any violation of this Article shall be deemed to be the person responsible for keeping, harboring or having the care, custody and/or control of said dog.

§ 46-10 Confinement of dogs in heat.

Any owner of a female dog, whether licensed or unlicensed, shall confine said female dog on the premises of the owner when in heat.

§ 46-11 Seizure and disposition.

A. 

The Dog Warden shall seize any dog which is found to be in violation of any section of this Article.

B. 

Every dog seized shall be properly fed and cared for at the expense of the owner until disposition thereof is made as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.

C. 

If the dog seized bears a license tag, the Dog Warden shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family with a notice in writing stating that the dog has been seized and will be destroyed unless redeemed within the period herein provided.

D. 

The owner of an unlicensed dog seized pursuant to this Article may redeem the dog within seven days, except that the owner of a licensed dog may redeem the dog within 12 days by paying to the Village Clerk or Dog Warden the sum provided in Chapter A102, Fees, as the cost of the seizure, plus boarding costs.

E. 

If the dog is not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold for costs outlined in Subsection D above or destroyed by the Dog Warden. In the case of sale, the purchaser must pay the purchase price to the Village Clerk or Dog Warden.

F. 

The Dog Warden destroying a dog under the provisions of this section shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Village Clerk. No Dog Warden failing to make such report shall be entitled to compensation for destroying the dog. The Village Clerk or Dog Warden shall make and preserve a record of such destruction and disposition.

G. 

No action shall be maintained to recover the possession or value of a dog or for damages or injury or for compensation for destruction of a dog destroyed pursuant to the provisions of this Article.

§ 46-12 Jurisdiction; complaint procedure.

A. 

Any Village Justice shall have jurisdiction to hear all complaints under this Article and of all actions and proceedings hereunder and of all prosecutions for the violation of this Article.

B. 

Any person who observes or has knowledge of a dog causing damage or destruction to property of a person other than its owner or violating any section of this Article or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with a Village Justice or police officer of the Village of Manlius 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.

C. 

Upon receipt by the Village Justice or police officer of any complaint against the conduct of any particular dog, the Village Justice or police officer may summon the alleged owner or other person harboring said dog to appear in person before the Village Justice. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§ 46-13 Penalties for offenses.

[Amended 12-12-1978 by L.L. No. 6-1978]

Penalties for offenses against any of the provisions of this Article shall be punishable, upon conviction, by a fine of not more than $10 for the first violation, not more than $50 for the second violation and not more than $75 for the third and all subsequent violations. These penalties may be recovered in a civil action in the name of the village. Payment of the penalty for the first violation in the amount of $10 may be made by mail to the presiding Village Justice and personal appearance waived.

[Adopted 10-27-1959]

§ 46-14
Keeping of animals. 

§ 46-15
Deposition of carcasses and offensive substances. 

§ 46-16
Penalties for offenses. 

§ 46-14 Keeping of animals.

No person shall keep or house any animals or poultry other than household pets or operate a kennel of three or more dogs within the limits of the village without a permit from the Board of Trustees. Such permit shall be granted unless it should appear from the complaints of neighbors, or otherwise, that the keeping of the animals in question is objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees.

§ 46-15 Deposition of carcasses and offensive substances.

No person shall bring, deposit or leave exposed within said village any dead carcasses or other unwholesome or offensive substance.

Editor's Note: Section 3, which immediately followed this section, and which restricted dogs from running at large, was deleted at time of adoption of Code as being covered by the provisions of Article I of this chapter; (see Ch. 1, General Provisions, Art. I).

§ 46-16 Penalties for offenses.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Penalties for offenses against any of the provisions of this Article shall be punishable, upon conviction, by a fine of not more than $10 for the first violation, not more than $50 for the second violation and not more than $75 for the third and all subsequent violations. These penalties may be recovered in a civil action in the name of the village. Payment of the penalty for the first violation in the amount of $10 may be made by mail to the presiding Village Justice and personal appearance waived.