[Adopted 3-18-1997 by L.L. No. 2-1997]
[Amended 3-7-2012 by L.L.
No. 2-2012]
This article shall be entitled the "Dog Control
Local Law."
[Amended 3-7-2012 by L.L.
No. 2-2012]
It is determined by the Village Board of Trustees that the health,
safety and welfare of persons and property in the Village will be
promoted by restraining and controlled behavior of licensed and unlicensed
dogs.
As used in this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise,
the following terms shall have the meanings indicated:
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by a municipality to assist in the
enforcement of this article.
HARBOR
To provide feed or shelter to any dog.
OWNER
Any person who harbors or keeps any dog; any person who owns
or has the right to custody or possession of any dog; any person who
is in actual custody or control of a dog or who is otherwise responsible
for a dog; or any person who is the head of a household within which
a dog is harbored or kept where it is claimed that the dog is owned
by a minor or any other person residing in such household.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons or other legal entity.
RUN AT LARGE
Being upon public or private lands without the consent of
the landowner, and in the case of a dog, when not accompanied by the
owner of such dog.
It shall be unlawful for any owner of a dog
in the Village of Lowville to knowingly, recklessly or negligently
allow such dog to:
B. Be on the lands of others for any purpose where permission
of owner of such lands has been withheld.
C. Engage in habitual loud howling, barking or crying
to such an extent that the animal disturbs or interferes with the
peaceful living of any person.
D. Chase, jump on, menace or otherwise harass any person
so as to cause fear of bodily harm or injury in such person. Such
activity shall include the conduct of a dog while on the property
of the owner of the dog or upon the property of another with the consent
of the owner of such property where the person placed in fear is a
pedestrian upon a path or walkway regularly used by the public for
pedestrian traffic; provided, however, that this subsection shall
not apply where the dog is confined upon the property of the owner
of the dog.
E. Attack, chase, harass, molest, worry, injure or kill
deer, cattle, horses, poultry or other domestic animals, including
other dogs.
F. Commit a nuisance in any park, public building, store,
parking lot, public sidewalk, or on any private property without the
consent of the landowner. Nuisances shall be deemed to include, but
not be limited to, frequent urination or defecation, digging, chewing
or other destructive activity.
G. All dogs when in a public park shall be on a leash no more than six
feet long and kept at least 30 feet away from children's playgrounds.
Dog owners are responsible for immediately cleaning up after their
dogs when walking their dog on any property which is not of their
ownership. This includes public parks, sidewalks and land owned by
another individual.
[Added 3-7-2012 by L.L. No. 2-2012; amended 7-20-2018 by L.L. No. 5-2018]
[Amended 3-7-2012 by L.L.
No. 2-2012]
This article shall be enforced by a Dog Control
Officer or peace officers or police officers authorized by the Laws
of the State of New York to enforce local laws. Such Dog Control Officer
shall have all of the powers and authority conferred upon such officers
by Article XII of the Agriculture and Markets Law of the State of
New York. As set forth by § 114 of the Agriculture and Markets
Law, the Dog Control Officer shall have the power to issue an appearance
ticket, to serve a summons and to serve and execute any other order
or process in the execution of the provisions of this article. Prior
to issuance of an appearance ticket, the Dog Control Officer shall
have reasonable cause to believe there has been a violation of this
article, which reasonable cause may be satisfied by receipt of a signed
written complaint by a person with direct knowledge or, alternatively,
personal knowledge by the Dog Control Officer.
[Added 9-5-2012 by L.L.
No. 7-2012]
A. Description of dangerous dog.
(1) A dangerous dog is one that:
(a)
Has previously been classified as at-risk and exhibits aggressive
behaviors that result in further complaints;
(b)
Without provocation, inflicts serious injury on a human being;
(c)
Menaces, maims, or kills domestic animals when off its owner's
property;
(d)
Is used in the commission of a crime, including but not limited
to animal fighting, menacing, or guarding illegal operations.
(2) Notwithstanding the above, the Dog Control Officer or his representative
shall have discretionary authority to refrain from filing charges
against the dog or dog owner, even if the dog has engaged in the specified
behaviors, if it can be determined that the behavior was:
(a)
The result of the victim abusing or tormenting the dog;
(b)
Directed toward a trespasser or a person committing or attempting
to commit a crime; or
(c)
Involved other similar mitigating or extenuating circumstances.
(3) "Dangerous dog" does not include a police work dog, while such police
work dog is being used to assist one or more law enforcement officers
in the performance of their official duties.
B. Procedure for classifying a dog as dangerous. The animal control
officer or his representative shall investigate the circumstances
of the complaint and notify the dog owner of the charge. If a dog
has bitten someone, the Dog Control Officer may take the dog into
custody for up to 48 hours at the owner's expense to protect
the community while completing his investigation. The officer will
then report the results of the investigation to a magistrate or other
court officer and to the dog owner. If the court officer deems the
dog to be potentially dangerous, the dog owner has the option of filing
an appeal with the animal control officer or accepting the designation.
Depending on the circumstances, the dog may be impounded at owner's
expense pending disposition of the case.
C. Sanctions for owning a dangerous dog. A dangerous dog may be returned
to the owner or may be destroyed depending on the outcome of the investigation.
If the dog is returned to the owner, it must be microchipped, and
confined in a locked pen with a top when not in a home or other building,
and restricted by a sturdy leash no longer than four feet long and
muzzled when in public. Photos of the dog must be filed with the animal
control agency. The owner must provide proof of a liability insurance
policy in an amount determined by the court, but in no event in excess
of $100,000. Depending on the outcome of the investigation, the court
may require a behavioral evaluation of the dog and sentence the owner
to attend a responsible owner class.
D. Confinement of dangerous dogs. Dogs that have been adjudicated as
dangerous must be confined behind a locked fence of sufficient height
and materials to securely contain the dog and prevent trespass. Confinement
must be sufficient to prevent children from coming into contact with
the dog. When off the owner's property, a dangerous dog must
be restricted by a leash of no more than four feet in length, must
be under control of a legally responsible person, and will be required
to wear a muzzle. Owners must also purchase liability insurance in
an amount specified by law.
E. Transporting dangerous dogs. Dogs that have been adjudicated as dangerous
must be confined in a crate in a closed, locked vehicle to prevent
opportunities for escape and in a manner sufficient to prevent children
from coming into contact with the dog through an open window in the
vehicle.
F. Additional incidents. Additional incidents sufficient to identify
the dog as dangerous will result in the humane euthanization of the
dog and additional penalties for the owner.
G. Penalties for dangerous dogs running at large. Any owner or person
who has custody and/or control of a dangerous dog (hereinafter, "owner")
that commits acts which classify it as dangerous shall be guilty of
an offense and subject to the following penalties:
(1) If the dog is found to be dangerous, the Court may either return
it to the owner under the circumstances outlined in this law or order
the dog to be impounded and euthanized at the expense of the owner.
(2) A dog previously classified as dangerous which is later to be found
running at large, but without repeating the dangerous behavior, may
be returned to its owner at the direction of the Animal Control Officer
or the Court after reviewing the case and the inspection of the confinement
facilities for the dog at the owner's residence.
(3) Additionally, an owner of a dog found to be dangerous is subject
the following potential penalties:
(a)
Upon conviction of a first offense, by a fine of not less than
$150 nor more than $1,500 and/or imprisonment not to exceed 10 days.
(b)
Upon conviction of a second offense or subsequent offense for
the same animal, the owner shall be deemed guilty of an unclassified
misdemeanor punishable by a fine of not less than $250 nor more than
$3,000 and/or imprisonment not to exceed 15 days.
(c)
A single act that violates more than one provision of this section
shall be treated as a single conviction for the purpose of sentencing.
(d)
If the violation of the dangerous dog law results in serious
bodily injury, the Court has the ability to order restitution.
[Adopted 9-16-2015 by L.L. No. 8-2015]
As used in this article, the following terms shall have the
meanings indicated:
DOMESTICATED ANIMALS
Is defined to include, but not be limited to, horses, ponies,
donkeys, mules, cows, llamas, alpacas, pigs, goats, sheep and poultry
such as geese, ducks, chickens, roosters, turkeys, pigeons or any
flocks of the same. The definition shall not include dogs and cats.
The harboring or keeping or owning of domesticated animals on properties within the Village of Lowville is prohibited except in compliance with Chapter
77, Article
II, of the Village Code.
Domestic animals as referenced above may be kept within the
Village of Lowville as an accessory use for personal use and enjoyment
only provided that:
A. They are kept fenced or penned in at all times.
B. The fences or penned-in areas are setback at least 15 feet from all
property lines and no closer to the road than the rear line of the
residence.
C. All animal waste must be properly disposed of off site and be kept
away from all property or street lines. Disposal off-site shall be
no less frequent than weekly.
D. No crowing animals such as roosters shall be allowed within Village
limits.
E. Odors from animals shall be controlled so as not to be noticeable
in any roadway, sidewalk or neighboring property.
F. Animals are to be kept from making excessive noise so that the noise
level at the property line does not exceed more than five decibels
over ambient noise levels.
G. There shall be no more than 10 poultry on a lot. For all other domesticated
animals, there must be three acres per animal.
For any person owning domesticated animals preexisting, this
article is permitted to continue their existing use. If such use is
discontinued for a period of 12 consecutive months, it may not be
reinstituted except in compliance with this article.
Any person violating Chapter
77, Article
II, being found guilty of such violation, the Court may impose a penalty of no less than $50 and no more than $250 for a first offense or a minimum fine of $100 with a maximum fine of $250 for a second or subsequent offense within a one-year period. Each week that an offense continues will be considered a separate offense. In appropriate cases, the Village may also seek injunctive relief from a Court of competent jurisdiction.