[Adopted 10-6-1980 by L.L. No. 6-1980]
This article shall be known and may be cited as the "Dog Control Law
of the Village of Menands."
The purpose of this article is to promote the health, safety and general welfare of the people of the Village of Menands, New York, including the protection of the property of the Village and its inhabitants and the preservation of peace and good order, by imposing restrictions upon the keeping and running of dogs within the Village and, specifically, to implement the provisions of Article
7 of the Agriculture and Markets Law as adopted by the New York State Legislature, and any amendments thereto.
As used in this article, the following terms shall have the meanings
indicated:
AT LARGE
Any dog that is off the premises of its owner or custodian or not
under the immediate control of such owner or custodian. No dog shall be deemed
to be "at large" if it is:
A.
A guide dog actually leading a blind person.
B.
A police dog in use for police work.
C.
Accompanied by its owner or other responsible person and is actively
engaged in hunting or training for hunting on unposted land or on posted land
with the permission of the owner of the land.
CUSTODIAN
A person that has a dog in his or her custody.
DOG
Any member of the species Canis familiaris.
GUIDE DOG
Any dog that is trained to aid the blind and is actually used for
such purpose or any dog owned by a recognized guide dog training center located
within the state during the period such dog is being trained or bred for such
purpose.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 112 of Article
7 of the Agriculture and Markets Law.
OWNER
Any person who harbors or keeps any animal, except that, if the owner
is a person under 18 years of age, then the owner shall be deemed to be the
parent or guardian of such person.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to either Subdivision 1 or Subdivision 2 of § 109 of Article
7 of the Agriculture and Markets Law, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 113 of Article
7 of the Agriculture and Markets Law, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or other organized
group of persons, a municipality or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police department
or any state or federal law enforcement agency which has been trained to aid
law enforcement officers and is actually being used for police work purposes.
Any person observing a violation of the Agriculture and Markets Law
or of this article may file an accusatory instrument with the Village Court.
[Adopted 10-2-2000 by L.L. No. 1-2000]
It shall be unlawful for any dog owner or person having possession,
custody or control of any dog to allow such dog to defecate on public or private
property over the objection of the owner of the property.
It shall be the duty of each dog owner or person having possession,
custody or control of any dog to remove any feces left by such person's
dog on any property not under the care, custody or control of such dog owner
or person, including but not limited to any driveway, public or private lawn
or yard, sidewalk, gutter, street, grassy area between the street and sidewalk,
park, school yard or any other property not under the care, custody or control
of such dog owner or person and to dispose of such feces in a safe and sanitary
manner in a sealed, nonabsorbent, leakproof container.
In case a dog is unattended, information secured by an enforcement officer
from a license or tag secured to an unattended dog shall present a rebuttable
presumption that the owner identified by such license or tag is the owner
or person in charge of said dog.
Any conviction of a violation of this article shall constitute a violation
punishable by a fine or a civil penalty of not more than $100 for each violation.
For purposes of enforcing the provisions of this article, appearance tickets
may be issued by police officers, dog control officers, building code inspectors
and by any persons authorized to issue tickets for parking violations. In
addition thereto, the Village Board shall have the power to designate such
other persons as is deemed necessary to enforce the provisions of this article.
The provisions of this article shall not apply to a guide dog, hearing
dog or service dog accompanying any person with a disability, as defined in
Subdivision 21 of § 292 of the Executive Law.
For a thirty-day period beginning December 1, 2000, persons violating
this article shall be given a warning ticket advising such persons of this
article and its requirements. Effective January 1, 2001, appearance tickets
shall be issued as authorized and may be enforced as otherwise provided in
this article.