Village of Athens, NY
Greene County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Athens as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 180.
Peace and good order — See Ch. 184.
[Adopted 1-7-1942 (Ch. 27, Art. I, of the 1976 Code)]

§ 107-1 Prohibited acts. [1]

No person owning or having charge of any horse, mule, cow, goat, sheep, swine, dog, chicken, duck, goose, turkey or other animal shall permit such animal to run at large on any public street, avenue, sidewalk, alley, lane or in any public place or to go upon the premises of another person without the consent of such person in the Village of Athens.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original §§ 32 through 37, which followed this section and provided for the impoundment of animals and vicious dogs, were repealed 10-12-1976 by L.L. No. 15-1976.

§ 107-2 Penalties for offenses.

[Added 9-8-1953; amended 8-3-1976 by L.L. No. 2-1976]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Article I, General Penalty, of Chapter 1, General Provisions, of the Code of the Village of Athens.
[Adopted 8-3-1976 by L.L. No. 6-1976 (Ch. 27, Art. II, of the 1976 Code)]

§ 107-3 Legislative intent.

It appearing that dogs in the Village of Athens have, in some instances, been allowed to cause annoyance and damage to the person and properties of others, and it appearing further that dogs properly cared for serve a useful purpose, the Village Board of the Village of Athens enacts this article to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.

§ 107-4 Title.

The title of this article shall be the "Dog Control Law of the Village of Athens."

§ 107-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DOG CONTROL OFFICER
The person appointed by the Village Board to enforce the provisions of this article.
[Added 5-17-1977 by L.L. No. 4-1977[1]]
OWNER
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week. In the case of a licensed owner or harborer under 18 years of age, the "owner" shall be deemed to be the parent or guardian of such person. The "owner" need not be a resident of the Village of Athens, but for a violation to occur the dog must be within the Village limits of the Village of Athens.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-6 Restrictions.

It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog while in the Village of Athens to:
A. 
Run at large unless said dog is restrained by an adequate collar and leash no longer than eight feet long, except when the dog is on the owner's property or on the private property of another person or persons with the knowledge and consent of such person or persons.
[Amended 5-17-1977 by L.L. No. 4-1977]
B. 
Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. 
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.

§ 107-7 Additional restrictions.

A. 
It shall be unlawful for any owner or any person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such owner or harborer during such period.
B. 
It shall be unlawful for any owner or any person harboring a dog to permit the premises or enclosure in which the dog is kept to be unsanitary or unclean.
C. 
Removal of feces required. Any person owning or in charge of any dog or other animal which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, play area, park or any place where people congregate or walk or upon any private property, without the permission of the owner of said property, shall immediately remove all feces deposited by any such dog or other animal in a sanitary manner.
[Added 4-12-2006 by L.L. No. 3-2006]
(1) 
Disposal. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog or other animal in a sealed, nonabsorbent, leak-proof container. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
(2) 
Exceptions. The provisions of this subsection shall not apply to handicapped persons or Seeing Eye guide dogs, hearing dogs or service dogs that accompany any person with a disability or domesticated house cats.
(3) 
Enforcement. Any animal control officer, or peace officer, or Code Enforcement Officer of the Village of Athens is hereby authorized and empowered to enforce this subsection and issue appearance tickets as an instrument of said enforcement. Such appearance tickets shall be returnable to the local criminal court on the next scheduled court date, providing that date is at least 10 days from the date of the appearance ticket. In addition thereto, the Village Board of Trustees shall have the power to designate such other person(s) as is deemed necessary to enforce this subsection.

§ 107-8 Enforcement.

[Amended 5-17-1977 by L.L. No. 4-1977[1]]
This article shall be enforced by the Athens Village Dog Control Officer, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-9 Violations.

[Amended 5-17-1977 by L.L. No. 4-1977[1]]
A. 
Any dog running at large within the Village of Athens or otherwise in violation of §§ 107-6 and 107-7 shall be subject to seizure and impounding in such place as may be designated by the Village Board as a place of detention in accordance with § 117 of the New York State Agriculture and Markets Law, until disposition thereof shall have been made in accordance with the provisions of this article.
B. 
No person shall hinder, resist or oppose the Dog Control Officer, any police officer, agent or employee or representative of the Village of Athens in the performance of his duties under this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-10 Seizure of licensed dogs.

[Added 5-17-1977 by L.L. No. 4-1977[1]]
In the event that the dog seized is identified, the owner of record shall be notified and the dog shall be held and redeemed as set forth in § 117 of the Agriculture and Markets Law. Upon redemption of the dog, the owner shall pay the recovery cost and any fees charged to the Village of Athens to the Village Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-11 Seizure of unlicensed dogs.

[Added 5-17-1977 by L.L. No. 4-1977[1]]
In the event that the dog is not identified, whether or not licensed, the owner of the dog may redeem the dog within five days by producing to the Dog Control Officer a license for the dog. If the owner is identified, the owner shall pay the recovery cost and any fees charged to the Village of Athens to the Village Clerk upon redemption of the dog.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-12 Forfeiture of title to dog.

[Added 5-17-1977 by L.L. No. 4-1977[1]]
If an impounded dog is not redeemed within the time limits provided by this article, the dog shall be euthanized, in accordance with § 117 of the New York State Agriculture and Markets Law, or offered for adoption to a responsible or proper person after producing a license for said dog, and no action shall be maintained to recover the possession or value of a dog or for damages for injury or for compensation for destruction of a dog destroyed. Records of the disposition of dogs shall be kept by the Town Clerk for a period of one year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 107-13 Sale of impounded dogs for laboratory use prohibited.

[Added 5-17-1977 by L.L. No. 4-1977]
No dog not reclaimed by the owner shall be sold or given or offered for adoption to any laboratory for experimental purposes nor be sold nor given or offered for adoption to any person in any way connected with a laboratory using dogs for experimental purposes.

§ 107-14 Penalties for offenses; dangerous dogs.

[Amended 5-17-1977 by L.L. No. 4-1977]
A. 
Any person who violates or neglects to comply with any provision of this article shall, upon conviction thereof, be liable for penalties as described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[Amended 4-12-2006 by L.L. No. 3-2006]
B. 
In addition, a dog found to be dangerous may be ordered to be securely confined or destroyed pursuant to the provisions of § 123 of the New York State Agriculture and Markets Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).