Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-2004 by L.L. No. 2-2004[1] (Ch. 11 of the 1979 Code)]
[1]
Editor's Note: This local law also repealed former Ch. 11, Dogs and Cats, adopted 5-16-1960 by Ord. No. 29, as amended.

§ 106-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HARBOR
To provide food or shelter to any domesticated pets.
OWNER
Any person who harbors or keeps any domesticated pets. In the event that any such animal found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed the parent, guardian or head of household of such person.

§ 106-2 Restrictions.

A. 
It shall be unlawful for any owner of any dog to permit or allow such dog, in the Village of Delhi, to be at large. All dogs shall be restrained upon a leash not over eight feet in length while off the owner's property. At all other times, all dogs shall be confined either inside a dwelling, leashed, or within a fence or other enclosed area legally occupied by the owner. Such fenced or enclosed area shall be constructed and maintained with sufficient strength, height and depth to prohibit said dog from escape of confinement. If a leash or chain is affixed to some immovable object, it shall be of a length which restricts the dog from approaching no closer than six feet to any property line or way.
B. 
It shall be unlawful for any owner of any dog to permit or allow such dog, in the Village of Delhi, to engage in habitual and/or continuous howling, barking or crying for an unreasonable length of time to the annoyance of person other than the owner.
C. 
Any person who is the owner, keeper, harborer, person in charge of or person walking a dog within the Village of Delhi shall immediately pick up any feces expelled by such dog on any property, whether public or private, the owner of which has not given permission therefor, and deposit them in a container lawfully used for the disposal of refuse. In no event shall feces be deposited in sewers or drains, whether storm or sanitary.
D. 
It shall be unlawful for any person, other than the owner or person with permission of the owner, to remove from any domesticated pet within the Village of Delhi any collar, tag or other identification, except when removal is necessary to ensure the immediate health and/or safety of the animal.
E. 
[1]It shall be unlawful for any person to interfere with, hinder, molest or abuse any police officer, Dog Control Officer, Health Officer or other official in the performance of their duties under this article.
[1]
Editor's Note: Former Subsection E, regarding penalties, was deleted 2-23-2009 by L.L. No. 3-2009.

§ 106-3 Enforcement.

Any police officer, peace officer, when acting pursuant to his/her special duties, or Dog Control Officer employed by or under contract to the Village of Delhi is hereby authorized or empowered to enforce this article and to receive and act upon citizen complaints in reference thereto.

§ 106-4 Seizure and impoundment.

A. 
Any dog found in violation of the provisions of this article may be seized pursuant to the provisions of the Agriculture and Markets Law.
B. 
If any such animal is seized by persons other than the above, such person shall contact the Village Hall or Police Department immediately or during the business hours immediately following such seizure to report such "found" animal.
C. 
The owner of any domesticated pet which has attacked or injured a human being shall, upon demand, deliver the possession of such animal to any officer authorized below to seize the same. Failing such delivery, the Health Officer, County Public Health Official, Dog Control and any police officer of the Village, or person authorized by the aforementioned, is hereby authorized to seize such animal which is reported to have attacked or injured a human being. Such animal may be confined for such length of time as may be directed by the Health Officer or Public Health Official for the purpose of determining whether such animal is affected by rabies and, if so affected, may be humanely destroyed by the direction of and in the manner prescribed by such authority. Such animals may be released after a negative determination by the authorization of the above officers, provided that the redemption conditions prescribed in this article are met.
D. 
The Health Officer, County Public Health Official, Dog Control and any police officer of the Village, or person authorized by the aforementioned, is hereby authorized to use any and all reasonable means necessary to seize and impound any of the animals described below.
E. 
Every animal seized shall be properly cared for, sheltered, fed and watered for the duration of the redemption periods set forth in this article and pursuant to the provisions of the Agriculture and Markets Law.

§ 106-5 Redemption; disposition.

A. 
Seized dogs may be redeemed by producing proof of licensing pursuant to the provisions of the Agriculture and Markets Law and by paying the impoundment fees.
B. 
The owner of any impounded dog shall be required to pay the impoundment fees incurred, regardless of whether such owner chooses to redeem his or her animal.
C. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanasia pursuant to the provisions of the Agriculture and Markets Law.

§ 106-6 Redemption periods; impoundment fees.

A. 
It shall be the duty of each owner or person having custody of an animal within the Village of Delhi to conform to the provisions of this article, and any said owner or custodian of any animal seized pursuant to the provisions of this article shall be liable to the penalty imposed for a violation of this article as set forth in § 106-7.
B. 
In addition to the foregoing, the owner or person having custody of an animal, whose animal has been seized or impounded within the Village of Delhi, will be subject to the following redemption periods and required to pay the impoundment fees, as set forth in § 118 of the Agriculture and Markets Law, when the animal is reclaimed.
[Amended 2-23-2009 by L.L. No. 3-2009]
(1) 
Redemption periods shall be counted from the day of impoundment.
(2) 
The redemption periods for dogs shall be as follows, with stipulations as defined in the Agriculture and Markets Law:
(a) 
Unidentified dogs: three days.
(b) 
Identified dogs if notification be personally given: five days.
(c) 
Identified dogs if notification be given by mail: seven days.
C. 
Other charges for all impounded animals.
(1) 
Further, in addition to the foregoing, the owner or person having custody of an animal, whose animal was seized within the Village of Delhi and impounded, will be required to reimburse the Village of Delhi for any disbursements made by the Village for the humane care and treatment of the animal, including but not limited to veterinarian's services and any necessary treatment directed by the Health Officer or Public Health Official.
(2) 
Dogs over three months of age will not be released without proof of current rabies vaccination as long as the county declaration is in effect. A fee will be added to any reclaim fees of any dog that requires a rabies vaccination prior to release.

§ 106-7 Penalties for offenses.

[Amended 2-23-2009 by L.L. No. 3-2009]
Unless otherwise provided in § 119 of the Agriculture and Markets Law, a violation of this article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[Adopted 3-22-2010 by L.L. No. 1-2010]

§ 106-8 Prohibitions.

A. 
No person shall breed, raise, harbor, pasture, keep, stable or maintain any bees, poultry, chickens, turkeys, ducks, geese or other fowl, any swine, horses, cows, mules, goats or any other animals or reptiles, except domesticated pets, within the Village of Delhi unless specifically authorized in any other provision of the Village Code.
B. 
No person shall breed, raise, harbor, pasture, keep, stable or maintain any animal that is vicious, dangerous, or that has, in the absence of intentional provocation, repeatedly chased, menaced, attacked or inflicted bodily injury to a person or domestic animal.

§ 106-9 Enforcement.

The provisions of this article shall be enforced pursuant to § 106-3 of the Village Code.

§ 106-10 Penalties for offenses.

Unless otherwise provided by law, a violation of this article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days and/or removal of the bees, animals or reptiles. The costs of removing the bees, animals or reptiles shall be specifically borne by the offender of this article.