[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-25-1974 by L.L. No. 1-1974]
As used in this article, the following terms
shall have the meanings indicated:
Elsewhere than on the premises of another person with the
knowledge, consent and approval of said other person and not under
the control and restraint of said owner by adequate leash, cord, chain
or otherwise.
Any member of the species Felis catus.
[Added 5-11-1998 by L.L.
No. 1-1998]
Any member of the species Canis familiaris.
[Amended 5-11-1998 by L.L. No. 1-1998]
Any person, firm, association or corporation owning, harboring,
keeping or having the custody or control of any animal.
No owner shall harbor or maintain within the
Village of Tivoli any dog which habitually barks or cries or disturbs
the peaceful living of any person.
No owner shall permit or allow such dog to urinate,
defecate or commit any other nuisance or damage property of the public
or of another in any park, public building, street, parking lot or
upon public sidewalk or on any private property.
[Amended 5-11-1998 by L.L. No. 1-1998]
No owner of any cat, horse, cattle, goats, sheep,
fowl or other animal shall suffer or permit such animal or fowl to
run at large within the Village of Tivoli, and any person who harbors
any such animal or fowl shall be deemed to be the owner thereof.
No owner shall harbor or keep any animal or
fowl within the Village of Tivoli which unreasonable annoys or disturbs
others.
Any dog running at large within the Village
of Tivoli, contrary to the provisions of this article, which shall
constitute a dangerous dog, and any dog which chases, jumps at or
onto, snaps at or bites or has bitten any person and which shall be
deemed a dangerous dog; or which chases vehicles of any kind in the
streets or public places; or which is an unspayed female dog in time
of heat; or runs with a pack of dogs shall be subject to seizure and
impounded by any police officer or by any other person or agency designated
by the Village or authorized by law to seize and impound such dog,
and any such police officer, other person or agency, authorized by
law so seizing such dog hereunder shall be empowered to exercise such
degree of force as shall be necessary to effect such seizure.
In the event of any violation of this article,
other than specified in the preceding section, the Town of Red Hook
Animal Control Officer, upon receiving a written compliant, shall
notify the owner of such animal or fowl, in writing, which notice
shall be served personally upon said owner or by registered mail.
The owner of the offending animal or fowl shall be subject to the
seizure and impounding of said animal or fowl by any police officer
or by any other person or agency designated by the Village or authorized
by law to seize and impound such animal or fowl.
The Village of Tivoli shall make suitable arrangements,
by contract or otherwise, for the impounding and, in a proper case,
for the destruction of animals or fowl which shall violate the provisions
of this article.
[Amended 5-11-1998 by L.L. No. 1-1998]
After any such seizure and impounding, the owner
of such animal or fowl, if known, shall be notified thereof. Such
animal or fowl so seized and impounded shall be held for a period
of 10 days, during which time the owner of such animal or fowl may
recover the same by producing a license, if required by law, and paying
a sum as set by resolution of the Village Board from time to time,
after the seizing and impounding for the keeping, feeding and caring
for such animal or fowl while in custody, which said sum shall be
paid to the authorized person or agency in charge of the impounding
of such animal or fowl.
If any such animal or fowl so impounded is not
redeemed as provided by in this article, the Police Department or
person designated by the Village of Tivoli for the purpose of seizing
such animal or fowl may order the destruction of such animal or fowl,
or if such animal or fowl is not redeemed by the lawful owner or his
duly authorized agent, the person duly authorized by the Village as
keeper of such animals or fowl may deliver any such unclaimed animal
or fowl to any person who pays the impounding fee and four or more
days keep, along with any required license for the animal or fowl.
[Amended 5-11-1998 by L.L. No. 1-1998]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day of continuance of an offense shall be considered
a separate offense.
