Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.
Nuisances — See Ch. 221.
[Adopted 1-12-1959 as Section 3 of Chapter V of the Ordinances of the Village of Lancaster (Ch. 45 of the 1976 Code)

§ 93-1 Keeping of certain animals prohibited.

[Amended 6-29-1976 by L.L. No. 2-1976]
On and after the date when this article becomes effective, no person shall keep, breed, raise, harbor or maintain any chickens, turkeys, ducks, geese, any other fowl or any other bird, or any horses, mules, goats, rabbits or any other animals, except a dog or a cat, within the Village of Lancaster.

§ 93-2 Beekeeping prohibited.

[Added 3-24-1980 by L.L. No. 3-1980]
No person, firm or corporation shall hereafter keep or maintain or suffer to be kept or maintained bees within the limits of the Village of Lancaster without permission of the Board of Trustees of said Village. Every applicant for such permission shall give at least one week's notice in writing of such application personally or by mail to the owners or occupants of all houses and buildings within a distance of 300 feet from where the bees are to be kept or maintained. No such application shall be presented to the Village Board without verified proof of the service of the notice hereinbefore mentioned.

§ 93-3 Penalties for offenses.

[Added 6-29-1976 by L.L. No. 10-1976]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.
[Adopted 6-29-1976 by L.L. No. 15-1976 (Ch. 68 of the 1976 Code)]

§ 93-4 Purpose.

The purpose of this article shall be to preserve the public peace and good order in the Village of Lancaster and to contribute to the public welfare and the preservation and protection of the property and persons of the inhabitants of said Village of Lancaster by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the Village.

§ 93-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AT LARGE
An unleashed dog off the premises of the owner or off the premises of another person when on the premises of such other person with that person's consent and approval. No dog shall be deemed to be "at large" if it is:
[Amended 10-15-1985 by L.L. No. 2-1985; 12-22-2008 by L.L. No. 14-2008]
A. 
A service dog as ded by the New York State Agriculture and Markets Law,[1] while performing tacks for the benefit of a person with a disability.
B. 
A police work dog as defined by the New York State Agriculture and Markets Law.[2]
DOG CONTROL OFFICER
Any peace officer or other authority designated from time to time by the Board of Trustees of the Village of Lancaster to enforce the provisions of this article.
[Amended 12-22-2008 by L.L. No. 14-2008]
LEASHED or RESTRAINED BY A LEASH
The dog is equipped with a collar to which is attached a leash not more than eight feet long. Both the collar and leash shall be of sufficient strength to restrain the dog, and the leash shall be held by a person having the ability to control and restrain the dog by means of the collar and leash.
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
[1]
Editor's Note: See Agriculture and Markets Law § 108.
[2]
Editor's Note: See Agriculture and Markets Law § 108.

§ 93-6 Leashing of dogs.

All dogs in the Village of Lancaster are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises when on the premises of another person with such other person's consent. No person who owns, keeps, harbors or has the care, custody or control of any dog in the Village of Lancaster shall permit such dog to be at large or unleashed in said Village except as permitted by this article.

§ 93-7 Howling dogs.

[Amended 10-15-1985 by L.L. No. 2-1985]
A. 
Any person owning or harboring any dog within the Village of Lancaster shall not permit such dog to disturb the peace and quiet of a neighborhood by annoying the residents thereof by howling, barking or making other loud noises.
B. 
Continual howling and barking or the making of other loud noises for a period in excess of 1/2 hour shall be considered annoying and disturbing to persons and shall constitute a violation hereunder.

§ 93-8 Prohibited acts; removal of waste; exceptions.

[Amended 12-22-2008 by L.L. No. 14-2008]
A. 
The owner of a dog shall not the dog, even though leashed, to do any of the following acts:
(1) 
Damage or deface property not belonging to the owner of the dog.
(2) 
Deposit waste or commit a nuisance on the private property of a person or party other than that of the owner of the dog.
B. 
It shall be the duty of each dog owner to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area.
C. 
It shall further be the duty of each dog owner to remove any feces left by his or her dog on any other private property.
D. 
The provisions of this section shall not apply to a service dog performing tasks for the benefit of a person with a disability.
E. 
It shall be an affirmative defense in any prosecution for a violation of Subsections B and C that the owner of or person in possession of the private property refuses to allow the dog owner or person having possession, custody or control of a dog to enter upon such property for the purpose of removing feces left by his or her dog thereon.
F. 
This article shall not be deemed to exempt, or excuse any conduct prohibited by the provisions of Chapter 221, Nuisances, of the Code of the Village of Lancaster.

§ 93-9 Potentially rabid dogs.

A. 
The Dog Control Officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner for such length of time as may be necessary for the purpose of determining whether such dog is affected by rabies, and if so affected, it may be destroyed.
B. 
The owner of such a dog shall upon demand deliver the possession of such dog to the Dog Control Officer and shall upon demand pay to the Village of Lancaster the cost of confinement and treatment of the dog.

§ 93-10 Limit on number of dogs.

[Amended 12-22-2008 by L.L. No. 14-2008]
Other than the operators of an authorized kennel as defined and zoned within Chapter 350, Zoning, no person shall own or harbor more than two dogs and, if one or more of said two dogs is a female, the offspring of said female(s), provided said offspring is less than six months old.

§ 93-11 Dangerous dogs.

The owner of any dog which is vicious or dangerous to persons shall at all times restrain and control such dog so as to prevent injury to persons lawfully conducting themselves onto the property and so as to prevent such dog from putting any person in fear of immediate bodily harm, provided that such person is lawfully conducting himself at the time. The owner shall also restrain and control such dog so as to prevent it from running at large with a pack of other dogs and from chasing automobiles, moving vehicles, other animals and children.

§ 93-12 Responsibility for dogs.

Any person keeping, harboring or having the care, custody and/or control of any dog, whether licensed or unlicensed, for a period of one week prior to any violation of this article shall be deemed to be the person responsible for keeping, harboring or having the care, custody and/or control of said dog.

§ 93-13 Female dogs.

Any person owning, keeping, harboring or having the care, custody and/or control of any female dog, whether licensed or unlicensed, shall confine said female dog when in heat on the premises of the person owning, keeping, harboring or having the care, custody and/or control of said female dog during said period.

§ 93-14 Seizure and disposition.

A. 
The Dog Control Officer shall seize any dog which is found at large in violation of § 93-6 of this article or which is found at large and is in violation of §§ 93-7, 93-8, 93-9, 93-11 and 93-13 of this article at the time when so found at large.
[Amended 12-22-2008 by L.L. No. 14-2008]
B. 
Every dog seized shall be properly fed and cared for at the expense of the municipality until disposition thereof is made as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.
C. 
Any dog seized by any Dog Control Officer or peace officer shall be held for the redemption period and may be redeemed by the owner within the time and in the manner prescribed by § 118 of Article 7 of the Agriculture and Markets Law of the State of New York, provided that the owner pays the following impoundment fees:
[Amended 10-15-1985 by L.L. No. 2-1985]
(1) 
Impoundment fees established by the Town of Lancaster at § 13-5 of the Code of the Town of Lancaster and any amendment thereto.
[Amended 12-22-2008 by L.L. No. 14-2008]
D. 
The seizure of any dog shall not relieve any person from any violation provided for by this article.
[Amended 10-15-1985 by L.L. No. 2-1985]
E. 
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 pursuant to the provisions of this article.

§ 93-15 Jurisdiction; complaints.

A. 
Any Village Justice of the Village of Lancaster shall have jurisdiction to hear all complaints under this article, and of all actions and proceedings hereunder and of all prosecutions for the violation of this article.
B. 
Any person who observes or has knowledge of a dog causing damage or destruction to property of a person other than its owner or violating any section of this article or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with a Village Justice of the Village of Lancaster, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
C. 
Upon receipt by the Village Justice of any complaint against the conduct of any particular dog, the Village Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§ 93-16 Adoption and disposal of dogs.

[Added 10-15-1985 by L.L. No. 2-1985]
A. 
Unlicensed or licensed. Any dog unidentified, unlicensed or licensed, in custody of the Dog Control Officer, may be delivered for adoption by the Dog Control Officer or disposed of by euthanasia after a seven-day redemption period has expired, except that the redemption period shall be nine days where the record owner is notified by mail.
B. 
Voluntary surrender.
(1) 
At the time the dog is surrendered to the Dog Control Officer, the owner shall execute a consent agreeing to the surrender and further authorizing the Dog Control Officer, using his discretion, to either:
(a) 
Hold the dog for a seven-day period and deliver same for adoption; or
(b) 
Dispose of the dog by euthanasia.
(2) 
Where the record owner surrenders a dog to the Dog Control Officer, there shall be no redemption period applicable.
(3) 
The record owner of the dog shall transfer title to the Town of Lancaster upon surrender by completing the appropriate license sections and that owner shall notify the New York State Department of Agriculture and Markets of the ownership transfer.
C. 
Licensing prior to release from custody. No dog shall be delivered for adoption unless it has been licensed pursuant to Article 7 of the Agriculture and Markets Law prior to its release from the custody of the Dog Control Officer.
D. 
Fees.
(1) 
There shall be no fee for adoption of a dog.
(2) 
There shall be no fee for the voluntary surrender of a dog to the Dog Control Officer for purposes of adoption.
[Amended 12-22-2008 by L.L. No. 14-2008]
(3) 
There shall be a fee for the euthanasia and disposal of a dog, which shall be in the amount equal to the cost incurred by the Dog Control Officer in providing this service.
[Added 12-22-2008 by L.L. No. 14-2008]
E. 
Violations. The disposition by euthanasia or delivery for adoption of a seized dog shall not relieve any person from any violations of this article or of the New York State Agriculture and Markets Law.

§ 93-17 Penalties for offenses.

[Amended 10-15-1985 by L.L. No. 2-1985; 11-13-2006 by L.L. No. 4-2006]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.