[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise generally — See Ch. 96.
[Adopted 10-19-1982 by L.L. No. 5-1982; amended in its entirety 2-8-1988 by L.L. No. 1-1988]
It shall be unlawful for any person owning,
boarding, harboring or otherwise keeping or having in his or her custody
an animal, within the limits of the Village of Pomona, to permit such
animal (whether licensed or not) to be at large elsewhere than on
the premises of the owner or on the premises of another person with
the knowledge and consent of such other person unless said animal,
when accompanied by the owner or other person on a public street,
road or highway in the Village of Pomona, shall be on a leash or under
the full and immediate control of the person in charge, or to keep
an animal tied up or allow it to remain free in such a manner as to
cause a nuisance in the area because of the animal's repeated and
prolonged barking or other noise.
A.
The duly appointed Animal Control Officer or any police
officer shall seize and confine any animal found at large in violation
of this article. The Animal Control Officer or police officer shall
deliver such animal to a pound or shelter or to the Society for the
Prevention of Cruelty to Animals (SPCA) and notify the Village of
Pomona Clerk of the identity of the owner of the animal if the same
can be established. If the animal's owner can be identified, the animal
shall be held and maintained for a period of 10 days for redemption
and thereafter may be placed for adoption or humanely destroyed.
B.
The fact that an animal is without a current tag attached
to its collar or harness, as provided in Article 7 of the Agriculture
and Markets Law, shall be presumptive evidence that the animal is
unlicensed.
Any person claiming an animal from the pound
or shelter or Society for the Prevention of Cruelty to Animals must
produce a license for such animal, if required, and pay the cost of
confinement.
Any person aggrieved by any animal, as described in § 40-1 of this chapter, may, on his or her own motion, apply to any court having jurisdiction for all the relief the law provides.
A.
Any animal running at large which is acting in a vicious
manner, shows signs of rabies or is known to have been bitten by an
animal having rabies may be destroyed by any officer without capturing
or removing to the pound, in which case a full report thereof shall
be immediately made to the Village Clerk, including the circumstances
under which it was thought best to destroy the animal, and, if the
animal is a licensed animal, a note thereof shall be entered against
the name of said animal in the animal book and the owner shall immediately
be notified by the Village Clerk.
B.
If an animal shall attack a person who is peaceably
conducting himself in any place where he may lawfully be, such person
or any other person witnessing the attack may kill such animal while
so attacking and no liability in damages or otherwise shall be incurred
on account of such killing.
C.
If an animal shall attack, chase or worry any domestic
animal, as defined in § 107 of the Agriculture and Markets
Law, while such domestic animal is in any place where it may lawfully
be, the owner or caretaker of such domestic animal or any person witnessing
the attack of such domestic animal may, for the purposes of preventing
the killing or injury of such domestic animal, kill such animal while
so attacking, chasing or worrying or while being pursued thereafter,
and no liability in damages or otherwise shall be incurred on account
of such killing.
D.
Any person may make a complaint of such an attack
upon a person or of such an attack, chasing or worrying of a domestic
animal to the Village Clerk, Town Justice, Police Chief or Animal
Control Officer, who shall inquire into the complaint upon written
notice of not less than three days to the owner of an animal, if the
owner be within the Village of Pomona. If satisfied from such inquiry
that the animal is a dangerous animal, such Village Clerk, Town Justice,
Police Chief or Animal Control Officer shall order the owner, if within
the Village of Pomona (and, if not within the Village of Pomona, shall
order any police officer), to kill the animal immediately; or, if
such animal has bitten any person, shall order the owner of the animal
or any police officer to confine the animal in the shelter of the
Society for the Prevention of Cruelty to Animals for such time as
is necessary to determine if the animal is suffering from rabies,
and the cost of such confinement at such shelter shall be at the expense
of the owner of said animal. If the owner fails to have the animal
confined as required by such order, the Village Clerk, Town Justice,
Police Chief or Animal Control Officer shall have the right to have
such animal confined.
It shall be a violation of this chapter for
any owner to allow or permit an animal to defecate or relieve itself
on public property, which shall include the unpaved portions of Village
of Pomona streets, or the private property of another, without having
removed the fecal or other matter deposited by such animal.
Any person or persons who shall hinder, molest
or interfere with any officer or agent of the Village in the performance
of any of the provisions of this chapter shall be deemed guilty of
a violation of this chapter.
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction, be punished as provided in § 1-12 of Chapter 1, General Provisions, and the court having proper jurisdiction shall have the power to impose a fine for each offense, to be recovered in a civil action in the name of the Village.
No action shall be maintained to recover the
possession or value of an animal or for damages for injury or destruction
of an animal not wearing a tag attached to a collar, as provided in
this article.
A.
This article shall be enforced by an Animal Control
Officer who shall be appointed by the Board of Trustees, which Animal
Control Officer may be an existing duly appointed Animal Control Officer
in either the Town of Ramapo or the Town of Haverstraw, to serve at
the will of the Board, and shall be paid such compensation as duly
established for such services plus expenses, not exceeding, however,
the amounts set forth in the budget therefor. Such Animal Control
Officer shall have all necessary powers in enforcing this chapter
and as provided in the applicable provisions of the Agriculture and
Markets Law.
B.
A contract, pursuant to § 120 of the Agriculture
and Markets Law, for seizing and impounding animals may be entered
into by the Village of Pomona as an alternative procedure herein.
[Adopted 10-24-1988 by L.L. No. 5-1988]
[Amended 7-22-2002 by L.L. No. 3-2002]
Except for animal shelters and veterinarians,
operating in the ordinary course of their respective businesses and
practices, it shall be unlawful to keep, harbor, own or in any way
possess within the corporate limits of the Village of Pomona any pit
bull dog, except in compliance with the standards and requirements
of this chapter.
As used in this article, the following terms
shall have the meanings indicated:
The bull terrier breed of dog.
The Staffordshire bull terrier breed of dog.
The American pit bull terrier breed of dog.
The American Staffordshire terrier breed of
dog.
Dogs of mixed breed or of other breeds than
above listed which breed or mixed breed is known as "pit bulls," "pit
bull dogs" or "pit bull terriers."
Any dog which has the appearance and characteristics
of being predominantly of the breeds of bull terrier, Staffordshire
bull terrier, American pit bull terrier, American Staffordshire terrier;
any other breed commonly known as "pit bulls," "pit bull dogs" or
"pit bull terriers," or a combination of any of these breeds.
Any canine bred or used for fighting with other
animals or with people.
Any animal that constitutes a physical threat
to human beings or other animals or has a disposition or propensity
or which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being or property or any animal which has been known
to bite or attack a human being or other domestic animal, without
provocation, one or more times.
[Amended 7-22-2002 by L.L. No. 3-2002]
Pit bull dogs and other dangerous animals (regulated animals) as defined in § 40-12, kept within the Village of Pomona, are subject to the following standards and requirements:
A.
Regulated animals residing in the Village at the time
of passage of this article must be registered with the Village by
the owners within 10 days of passage of this article.
B.
Leash and muzzle. No person shall permit a pit bull
dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit
a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of
the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc. In addition, all pit bull dogs on
a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals. No other type of regulated animal shall be permitted outside
its pen, cage or kennel.
C.
Confinement. All regulated animals shall be securely
confined indoors or in a securely enclosed and locked pen, cage or
kennel, except when leashed and muzzled as above provided. Such pen,
kennel or structure must have secure sides and a secure top attached
to the sides. All structures used to confine pit bull dogs must be
locked with a key or combination lock when such animals are within
the structure. Such structure must have a secure bottom or floor attached
to the sides of the pen, or the sides of the pen must be embedded
in the ground no less than two feet. All structures erected to house
regulated animals must comply with all zoning and building regulations
of the Village. All such structures must be adequately lighted and
ventilated and kept in a clean and sanitary condition. All such enclosures
shall be surrounded by a double fence, each fence at least three feet
apart from the other.
D.
Confinement indoors. No regulated animals may be kept
on a porch, patio or in any part of a house or structure that would
allow the animal to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle
preventing the animal from exiting the structure.
E.
Signs. All owners, keepers or harborers of regulated
animals within the Village shall, within 10 days of the effective
date of this article, display in a prominent place on their premises
a sign easily readable by the public using the words "Beware of Dog
- Pit Bull." In addition, a similar sign is required to be posted
on the kennel or pen of such animal. A similar sign shall be displayed
by owners of other regulated animals.
F.
Insurance. All owners, keepers or harborers of regulated
animals must, within 10 days of the effective date of this article,
provide proof to the Village of Pomona of public liability insurance
in a single incident amount of $500,000 for bodily injury to or death
of any person or persons or for damage to property owned by any persons
which may result from the ownership, keeping or maintenance of such
animal. Such insurance policy shall provide that no cancellation of
the policy will be made unless 10 days' written notice is first given
to the Village of Pomona.
G.
Identification photographs. All owners, keepers or
harborers of regulated animals must, within 10 days of the effective
date of this article, provide to the Village Clerk two color photographs
(two different poses) of the animal.
H.
Reporting requirements. All owners, keepers or harborers
of regulated animals must, within 10 days of the incident, report
the following information in writing to the Village Clerk as required
hereinafter:
I.
(Reserved)
J.
Animals born of regulated animals. All offspring born
of regulated animals kept in the Village of Pomona must be registered
pursuant to this chapter within nine weeks of the birth of such animal.
K.
Irrebuttable presumptions. There shall be an irrebuttable
presumption that any dog registered with the Village as a pit bull
dog or any of those breeds prohibited by this article is in fact a
dog subject to the requirements of this section.
L.
Failure to comply. It shall be unlawful for the owner,
keeper or harborer of a regulated animal registered with the Village
of Pomona to fail to comply with the requirements and conditions set
forth in this article. Any animal found to be the subject of a violation
of this article shall be subject to immediate seizure and impoundment.
All fees and charges imposed for seizing such animal and for housing
such animal shall be the responsibility of the owner.
M.
Fines. In addition to the consequences set forth in § 40-13L for the failure to comply with Article II of this chapter, the owner, keeper, or harborer, as the case may be, of regulated animals, upon a finding by a court of failure to comply with said article, shall be guilty of a violation which shall be punishable by a fine of not less than $100 nor more than $250 for a first offense, and not less than $250 nor more than $500 for each successive offense.
[Added 9-23-2002 by L.L. No. 5-2002]
