[HISTORY: Adopted by the Board of Trustees
of the Village of Athens as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-7-1942 (Ch. 27, Art. I, of the 1976 Code)]
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]
[Added 9-8-1953; amended 8-3-1976 by L.L. No. 2-1976]
[Adopted 8-3-1976 by L.L. No. 6-1976 (Ch. 27, Art. II, of the 1976 Code)]
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.
The title of this article shall be the "Dog
Control Law of the Village of Athens."
As used in this article, the following terms
shall have the meanings indicated:
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]]
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.
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.
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.
[Amended 5-17-1977 by L.L. No. 4-1977; 5-13-2015 by L.L. No.
3-2015; 8-24-2016 by L.L. No. 3-2016]
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,
including but not limited to a Dog or Animal Control Officer of another
municipality or an employee or agent of the American Society for the
Prevention of Cruelty to Animals.
[Amended 5-17-1977 by L.L. No. 4-1977; 5-13-2015 by L.L. No.
3-2015]
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.
[Added 5-17-1977 by L.L. No. 4-1977; amended 5-13-2015 by L.L. No. 3-2015]
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.
[Added 5-17-1977 by L.L. No. 4-1977; amended 5-13-2015 by L.L. No. 3-2015]
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.
[Added 5-17-1977 by L.L. No. 4-1977; amended 5-13-2015 by L.L. No. 3-2015]
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.
[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.
