[HISTORY: Adopted by the Board of Trustees of the Village
of Medina as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-11-1967 (Ch. 14 of the 1965 Code)]
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Medina, including
the protection and preservation of the property of the Village and
its inhabitants and of the peace and good order, by adopting and enforcing
certain regulations and restrictions on the privileges of the owners
of dogs and the rights and privileges of the residents of the Village
of Medina and by imposing restrictions upon the keeping and running
at large of dogs within the Village of Medina.
No person owning, keeping, harboring or having the care, custody
and/or control of any dog shall permit such dog to be at large in
the Village of Medina, New York, unless under a leash not exceeding
eight feet in length, other than when on the premises of the person
owning, keeping, harboring or having the custody and/or control of
such dog or upon the premises of another with the knowledge, consent
and approval of the owner of such premises.
[Amended 5-24-1977 by L.L. No. 4-1977; 5-10-2010 by L.L. No. 3-2010]
No person shall own, keep, harbor or permit to be kept on the
premises of such person any dog which, by its continual barking, howling
or whining or other frequent or long-continued noises, shall disturb
the comfort or repose of any person. Any dog which howls, barks, cries
or whines continuously or regularly for periods in excess of 30 minutes
so as to disturb the peace, quiet, health or well-being of any other
person shall be deemed to be habitually barking.
[Amended 5-24-1977 by L.L. No. 4-1977]
No person owning, keeping, harboring or having the care, custody
and/or control of any dog shall suffer, permit or allow such dog to
urinate or defecate on any park, churchyard or premises or schoolyard
or premises or any other public or private property, except the private
property owned, leased or otherwise occupied by such person.
Any dog owned by a child under the age of 16 years shall be
deemed for the purposes of this article to be in the custody and/or
control of the head of the household in which the child resides.
A.
Any dog warden, police officer or other peace officer shall seize any dog which is found in violation of § 108-2 of this article and shall cause the dog to be deposited at the place or facility designated by the Board of Trustees for the care and feeding of such dogs while restrained.
B.
The officer seizing any dog pursuant to this article shall forthwith
report such seizure to the Police Department, which shall keep a record
of the name of the officer, the time and date of such seizure, a description
of the dog and its license tag number, if any, and of the destruction
or disposition of the dog thereafter.
[Amended 5-24-1977 by L.L. No. 4-1977]
C.
If the dog seized bears a license tag, the officer seizing such dog
shall ascertain the name of the owner and shall give immediate notice
to such owner by personally serving upon him or upon an adult member
of his family notice, in writing, stating that the dog has been seized
and will be destroyed unless redeemed within the period herein provided.
D.
The owner of a dog so seized may redeem the dog within seven days,
except that the owner of a dog bearing a license tag may redeem the
dog within 12 days by paying to the Village Clerk the sum of $15 as
the cost of seizure and in addition thereto the cost of feeding and
caring for such dog for a first violation; or by paying the sum of
$20 as the cost of seizure and in addition thereto the cost of feeding
and caring for such dog for a second violation hereof by such owner
within a period of six months; or by paying the sum of $25 as the
cost of seizure and in addition thereto the cost of feeding and caring
for such dog for a third or subsequent violation hereof by such owner
within a period of six months.
[Amended 10-8-1968; 5-24-1977 by L.L. No. 4-1977]
E.
If any dog so seized is not redeemed within the time as before set
forth, the owner shall forfeit all title to the dog, and the dog shall
be sold or destroyed.
[Amended 5-24-1977 by L.L. No. 4-1977; 9-25-1990 by L.L. No.
8-1990]
A.
Except as otherwise provided in Article 7 of the Agriculture and
Markets Law, any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine of not less than $125 and not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Amended 5-10-2010 by L.L. No. 3-2010]
B.
An appearance ticket pursuant to the Criminal Procedure Law may be
issued for any violation of this article, and an answer to such appearance
ticket may be made by registered or certified mail, return receipt
requested, within five days of the violation as provided in Article
7 of the Agriculture and Markets Law of the State of New York in lieu
of personal appearance on the return date at the time and place specified
in said appearance ticket.
[Adopted 8-28-2017 by L.L. No. 5-2017]
The purpose of this article is to establish regulations for
use of municipal dog parks.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
This article applies to dog parks, and it does not supersede the obligations of dog owners or handlers under either Chapter 108 of the Village Code or under Article 7 of this State's Agriculture and Markets Law. With the exception of the fact that dogs are allowed to be off leash within the fenced area of a dog park, these other provisions of State statute and Village Code, regarding animal behavior and dog owner responsibility, are applicable to all users of dog parks. The behavior of a dog as a "dangerous dog" within the meaning of Article 7 of the Agriculture and Markets Law, and the enforcement and remedies pertaining thereto, shall be equally applicable to behavior of unleashed or leashed dogs within a dog park.
As used in this article, the following terms shall have the
meanings indicated:
A fenced and enclosed area that has been designated for use
as an off-leash dog area for the exclusive use of dogs and their handlers.
A police officer or peace officer or animal control officer
with jurisdiction including the area of the dog park in the Village
of Medina.
The person who accompanies a dog for the purpose of its supervision.
This may, but does not have to be, the owner of said dog. Any liability
of the handler under this article shall not be forgiven or excused
because the handler did not, in reality, possess the consent of the
dog's owner.
The fenced, secured section of a dog park where the dog is
allowed to exercise without a leash and under supervision of a handler.
The legal owner of a dog.
A dog between birth and 12 months of age.
A.
Dog park use. Activities within dog parks shall be limited to exercise
of dogs accompanied by handlers and others, and there shall be no
other allowable recreational activities such as ball playing within
the dog park.
B.
The Village Board may, by resolution, establish and, from time to
time, amend dog park rules and regulations and may establish an entry
fee.
Possession or consumption of alcohol or drugs is prohibited
in dog parks at all times. All handlers shall be free from the influence
of alcohol or drugs while escorting, transiting, training or accompanying
a dog in a dog park. No food, including dog food or treats, shall
be allowed in the off-leash area of a dog park.
A.
Each dog entering a dog park shall have a current valid dog license
and tag displayed on each dog's collar. Handlers shall insure
that dogs demonstrate safe behavior and social interaction, at all
times, toward people and other dogs.
B.
Dogs displaying aggressive behavior, of any kind, shall be immediately
leashed and removed from the park's off-leash area, after which
they shall immediately leave the dog park and the shared-use or multi-use
park. Local and state laws and regulations pertaining to dangerous
dogs are applicable to all dogs and handlers entering a dog park.
Those state or local laws and regulations are not suspended while
a dog or handler is within an off-leash area.
C.
Any enforcement officer may issue a written notice of violation against
the handler of a dog that exhibits aggressive, dangerous or vicious
behavior within a dog park and may further issue written notices of
violation against any handler who fails to act in accordance with
this chapter and any additional rules and regulations governing dog
parks adopted by the Village. Upon issuance of a notice of violation,
the dog and, in the event such notice is issued against a handler,
the handler shall be prohibited from entering any dog park unless
and until final adjudication of the matter. In the event adjudication
results in a determination that the dog is a "dangerous dog" within
the meaning of Article 7 of the Agriculture and Markets Law, the dog
shall not be permitted to return to any dog park and shall be prohibited
from park use. Causation of actual physical injury is not a prerequisite
to issuance of a notice of violation. Any individual who enters a
dog park following receipt of a notice of violation, but prior to
final adjudication of same, shall be subject to prosecution for trespass
under this state's Penal Law, in addition to the enforcement
provisions of this article and all other applicable laws.
A.
Before entering a dog park, each dog shall have current vaccinations
required by law, and each handler shall be prepared to provide documentation
to enforcement officers of the current vaccinations upon request.
Suitable documentation shall consist of veterinary records, vaccine
certificates and/or receipts identifying vaccinations issued by a
licensed veterinarian. Dogs shall be free of internal parasites upon
entering a dog park. Dogs shall have been treated within the preceding
30 days of the first entry for control of fleas, ticks or other external
parasites.
B.
Required vaccinations shall include distemper virus, infectious canine
hepatitis, leptospirosis, parvo virus, together with any other vaccinations
required by state or county law which are not included among the aforesaid.
Offenses pursuant to the provisions of this article shall be subject to the same provisions as enumerated in § 108-7.
Pursuant to this article, the following rules and regulations
shall be prominently posted on site at the dog park:
A.
Hours: dawn to dusk.
B.
Owners and/or handlers are liable for damage or injury inflicted
by their dog(s). This means owners are legally and financially responsible
for their dog's behavior. The Village of Medina has no liability
or responsibility for injuries in the dog park.
C.
Users of this facility acknowledge that by entering this dog park,
they have read, are fully aware of and understand the rules and regulations
for its use.
D.
Dogs must be properly licensed and vaccinated with proper registration
tags displayed on each dog's collar.
E.
Dogs must be leashed before entering and upon leaving the park and
unleashed area, and must be leashed in the transition corridor. Handlers
must have a visible leash for each dog at all times.
F.
Handlers are required to clean up after their dogs and must pick
up their dog's fecal matter, and properly dispose of it in a
trash receptacle.
G.
Handlers must be in verbal and sight control of their dogs at all
times and prevent aggressive behavior, biting, fighting and aggressive
barking. Handlers may never leave a dog(s) unattended.
H.
Any dog that exhibits aggressive, dangerous or vicious behavior within
a dog park, is prohibited. Handlers must immediately leash their dog(s)
and leave the dog park and park.
I.
Upon issuance of a notice of violation, the dog and, in the event
such notice is issued against a handler and/or owner, the handler/owner
shall be prohibited from entering the dog park unless and until final
adjudication of the matter.
J.
Any dog with a history of aggressive behavior is prohibited.
K.
Bark-free zone: Please be considerate. Noise from the park is a nuisance
to our neighbors. Dogs that bark persistently must be removed from
the park.
L.
No puppies under four months of age are allowed in the dog park.
M.
Female dogs in heat are not allowed in the dog park.
N.
Unattended dogs will be impounded.
O.
No children age 12 years or younger are allowed in the dog park.
Children ages 13 through 18 must be accompanied by an adult. Permitted
children must be supervised by the adult and behave appropriately:
no running, shouting, chasing dogs, or petting other people's
dogs without the handlers' and/or owners' permission.
P.
No food, including dog food or treats, shall be allowed in the off-leash
area of a dog park.
Q.
Possession or consumption of alcohol or drugs is prohibited in dog
parks at all times. All handlers shall be free from the influence
of alcohol or drugs while escorting, transiting, training or accompanying
a dog in a dog park.
R.
No smoking in the dog park.
S.
Violation of Village Code results in fines and no further use of
the dog park.
