[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 72.
[Adopted 5-10-1977 as L.L. No. 2-1977]
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.
As used in this article, the following terms
shall have the meanings indicated:
An unleashed dog off the premises of the owner.
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.
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.
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.
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.
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.
The owner of a dog shall not permit the dog,
even though leashed, to do any of the following acts:
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.
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.
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.
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.
Any owner of a female dog, whether licensed
or unlicensed, shall confine said female dog on the premises of the
owner when in heat.
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 set, from time to time,
by resolution of the Village Board, as the cost of the seizure, plus
boarding costs.
[Amended 5-14-2019 by L.L. No. 1-2019]
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.
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.
[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]
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.
No person shall bring, deposit or leave exposed
within said Village any dead carcasses or other unwholesome or offensive
substance.[1]
[1]
Editor's Note: Section 3, which immediately
followed this section, and which restricted dogs from running at large,
was deleted 8-24-1982 by L.L. No. 4-1982.
[Amended 8-24-1982 by L.L. No. 4-1982]
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.
