[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 105.
[Adopted 1-13-1981 by L.L. No. 1-1981]
The Village of Waverly, New York, finds that
the running at large and other uncontrolled behavior of dogs has caused
physical harm to persons and damage to property and created nuisances
within the Village. The purpose of this article is to protect the
health, safety and well-being of persons and property by imposing
restrictions and regulations upon the keeping or running at large
of dogs and the seizure thereof within the Village.
This article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog
Control Law of the Village of Waverly."
As used in this article, the following terms
shall have the meanings indicated:
A dog off the premises of the owner.
[Amended 7-22-2003 by L.L. No. 2-2003]
Both male and female dogs, except where the context requires
otherwise.
[Added 7-22-2003 by L.L. No. 2-2003]
To provide food or shelter to any dog.
The dog is equipped with a collar of sufficient strength
to restrain the dog, to which collar is attached a leash of sufficient
strength, not more than eight feet long, which leash shall be held
by a person having the ability to control and restrain the dog by
means of the collar and leash. A harness worn by a guide dog for the
blind shall be considered a suitable leash hereunder.
[Added 7-22-2003 by L.L. No. 2-2003]
Includes any person who owns, keeps or 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.
[Amended 7-22-2003 by L.L. No. 2-2003]
[Amended 7-22-2003 by L.L. No. 2-2003]
A.
No person shall permit a dog owned by him to be at
large within the Village of Waverly unless restrained by a leash;
provided, however, that dogs may be unleashed while off the owner's
premises when on the private premises of another with the knowledge,
consent and approval of such person or when hunting in the company
of and under the control of a hunter or hunters upon the property
of another with the knowledge, consent and approval of the property
owner.
B.
No person may suffer, allow or permit to run at large
within the Village of Waverly any vicious dog or dogs of dangerous
disposition or any dog which by its chasing or barking at any person,
automobiles, bicycles or moving vehicles or in running at large shall
cause unreasonable disturbance in the neighborhood or imperil the
safety or disturb the comfort and repose of any person.
C.
No dog, whether leashed or unleashed, shall be in
any restaurant, grocery or commercial establishment which sells food
for human consumption or in any cemetery, except that a guide dog
for the blind may enter any such premises if leading or accompanying
a blind person therein.
D.
No person shall keep or suffer to be kept a dog which
has attacked any person peaceably conducting himself in any place
where such a person may lawfully be or which has attacked, chased
or worried or killed any domestic animal, as defined in § 108
of the Agriculture and Markets Law of the State of New York, or any
cat or other dog while such animal is in any place where it may lawfully
be.
E.
No owner of a dog shall permit or suffer such dog
to damage or destroy property of another person or firm or to deposit
dog urine or feces on the property of any other person or firm or
in any public place, including a public sidewalk, street, park or
parking lot.
F.
No person shall keep, suffer or permit to be kept
on the premises occupied by such person any dog which, by its continual
barking, howling or whining or other frequent or long-continued noises,
shall unreasonably disturb the comfort or repose of other persons.
[Added 5-26-1998 by L.L. No. 3-1998]
A.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
urinate, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or on any public property whatsoever, or on any
private property without the permission of the owner of said property.
The restriction in this section shall not apply to that portion of
street lying between the curblines which shall be used to curb such
dog under the following conditions:
(1)
The person who so curbs such dog shall immediately
remove, in a suitable container, all feces deposited by such dog.
(2)
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any dog curbed. Disposal of feces
in street storm collection systems is prohibited.
(3)
The provisions of this section shall not apply to
any blind person accompanied by a guide dog.
B.
Penalties.
[Amended 9-23-2008 by L.L. No. 1-2008]
(1)
Any person violating any provisions of this section
shall be guilty of a violation and, upon conviction thereof, shall
be subject to a fine of:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this section, a subsequent conviction will be subject
to a first offense fine.
This article shall be enforced by any dog control
officer, peace officer, when acting pursuant to his special duties,
or police officer in the employ of or under contract to the Village
of Waverly.
A.
Any dog found in violation of the provisions of § 40-5 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption periods set forth in § 118
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fees set forth in § 117 of said article.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provision of § 118 of the Agriculture and
Markets Law.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Village of Waverly specifying the nature of the violation, the date
thereof, a description of the dog and the name and residence, if known,
of the owner of such dog. Such complaint may serve as the basis for
enforcing the provisions of this article.
Any dog control officer, peace officer, when
acting pursuant to his special duties, or police officer in the employ
of or under contract to the Village of Waverly, having reasonable
cause to believe that a person has violated this article, shall issue
and serve upon such person an appearance ticket for such violation.
[Amended 6-14-1988 by L.L. No. 1-1988]
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a penalty as set forth in § 119 of the Agriculture
and Markets Law.
[Adopted 6-9-1981 by L.L. No. 3-1981]
The purpose of this article is the prohibition
of the harboring, housing, stabling or pasturing of a horse or horses,
cattle or swine, sheep or lambs, a goat or goats, chicken or chickens,
turkey or turkeys or any other fowl within the corporate limits of
the Village of Waverly in the interest of promoting and furthering
the general health and welfare of the Village and its inhabitants.
The presences of such animals within the Village, with its concentrated
housing units, precipitates odors, insects and a profusion of animal
excrement which jeopardizes the health and welfare of the inhabitants
of the Village.
No person, party or corporation shall harbor,
house, stable or pasture a horse or horses, cattle or swine, sheep
or lambs, a goat or goats, chicken or chickens, turkey or turkeys
or any other fowl within the limits of the Village of Waverly.
A.
Any person violating any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not exceeding $250 for each offense
or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 6-14-1988 by L.L. No. 1-1988]
B.
Any person who fails to abate any violation of this
article after notice of such violation shall be subject to a penalty
of $100 for each day said violation continues recoverable by suit
brought in the name of the Village.
C.
Each day such violation continues after notice of
such violation shall constitute a separate offense punishable by a
like fine or penalty.
[Added 5-27-1997 by L.L. No. 3-1997]
Nothing contained in this article shall prevent the harboring of animals for the purpose of animal research in a facility licensed by the United States Department of Agriculture, provided that such research does not interfere with the purpose of this article as set forth in § 40-11 above.
