ARTICLE IDogs (§ 50-1 — § 50-17)
ARTICLE IIOther Animals (§ 50-18 — § 50-24)
§ 50-3Dangerous or vicious dogs.
§ 50-4Dogs which continually bark, howl or whine.
§ 50-5Female dogs in heat.
§ 50-6Dogs which chase bicycles and moving vehicles.
§ 50-7Dogs which attack other dogs or animals.
§ 50-8Dogs which destroy property.
§ 50-9Dogs causing nuisances.
§ 50-10Dogs running at large.
§ 50-11Leash requirements.
§ 50-11.1Sanitation and disposal requirements.
§ 50-12Dog Warden.
§ 50-13Redemption of seized dogs.
§ 50-14Owners of dogs established.
§ 50-15Penalties for offenses.
§ 50-16Jurisdiction to hear complaints.
§ 50-17Filing complaints.
The purpose of this chapter shall be to preserve the public peace and good order in the Village of Churchville and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of the other citizens in the Village of Churchville.
As used in this chapter, the following terms shall have the meanings indicated:
- AT LARGE
- An unleashed dog off the premises of the owner.
- Both male and female dogs, except where the context requires otherwise.
- DOG WARDEN
- A person or persons appointed by the Village of Churchville for the purpose of enforcing this chapter and for the purposes of this chapter such a "Dog Warden" is deemed to be a peace officer.
- Includes 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.
No person shall suffer or permit any dog to attack any person peaceably conducting himself in any place where such persons may lawfully be. This dog may then be considered a dog of a dangerous disposition.
No person shall keep or suffer to be kept on the premises occupied by him any dog in the habit of continually barking, howling or whining.
Proper precautions should be taken when a female dog is in heat, and said female dog shall not then be allowed to run at large.
No person shall keep or suffer to be kept a dog in the habit of continually chasing or barking at automobiles, bicycles or moving vehicles.
No person shall keep or suffer to be kept any dog which kills any other dog, cat or farm animal.
A person must not keep or suffer to be kept any dog which destroys property of a neighbor.
A person must not keep or suffer to be kept any dog which commits a nuisance in a public street, public building, public park or on any private property except with the consent of the owner of the property thereof.
A person shall not keep or suffer to be kept any dog which continually runs at large with a pack of other dogs, chases deer, other animals or children.
No person who owns a dog shall permit such dog to be at large in the Village of Churchville, Monroe County, New York, unless under visible leash consisting of at least one-eighth-inch rope, chain, leather or equivalent material, not exceeding six feet in length, other than when on the premises of the person owning, keeping, harboring or having the custody and control of such dog or upon the premises of another with the knowledge, consent and approval of the owner of such premises or when hunting in the company and under the control of a hunter or hunters.
No person who owns, harbors, keeps, or is in charge of any animal, or who has such animal in any manner under such person's control, shall allow such animal to defecate on any public property whatsoever, such as, but not limited to, thoroughfares, sidewalks, passageways, play areas, parks, roads, or any other place where people congregate or walk, or upon any private property, without the permission of the owner of said property. Any such person shall immediately remove, in a suitable container, all feces deposited by such animal on any areas as set forth above.
The feces shall be removed from the aforesaid areas by the person owning, harboring, keeping or in charge of any animal which deposited such feces. All such material shall be properly disposed of. Disposal of the feces in the street storm collection system or any other public facility is prohibited.
The Village of Churchville shall appoint a Dog Warden or Wardens as needed pursuant to the appropriate statutes of the State of New York.
It shall be the duty of such Dog Warden or Dog Wardens of the Village of Churchville to enforce the appropriate provisions of the Agriculture and Markets Law with respect to dogs in the Village of Churchville and to enforce this chapter.
The Dog Warden or Wardens of the Village of Churchville shall seize any dog which is found to be in violation of any portion of this chapter, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York.
All complaints concerning alleged violations of this chapter shall be communicated to the Dog Warden or Wardens. All such complaints shall be investigated, and it shall be the duty of the Dog Warden or Wardens, in the appropriate case, to proceed with civil or criminal enforcement of this chapter or any other provision of law pertaining hereto.
Every dog seized shall be properly fed and cared for at the expense of the Village of Churchville until disposition thereof, as herein provided, and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.
If the dog seized bears a license tag, the Dog Warden shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner, or an adult member of his family, with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed as herein provided.
The owner of a dog so seized may redeem the dog within five 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 as provided for in the Dog Control Rate Schedule of the Village.
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed by the Dog Warden. In the case of sale, the purchaser must pay the purchase price to the Village Clerk and obtain a license for such dog. The Dog Warden who destroys a dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Clerk, who shall keep a record thereof.
Any person harboring a dog for a period of two weeks prior to any violation of the chapter shall be held to be the owner of said dog.
An offense against the provisions of this chapter shall be deemed a violation, and the person convicted of such violation shall be subject to a fine of not more than $25. for the first violation, not more than $50 for the second violation and not more than $75 for the third and all subsequent violations, as provided in § 126 of the Agriculture and Markets Law.
The Village Justice of the Village of Churchville, or the Town Justice of the Town of Riga shall have jurisdiction to hear all complaints under this chapter, and of all actions and proceedings hereunder and of all prosecutions for the violation of this chapter.
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 chapter or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with the Town Justice of the Town of Riga or the Village Justice, if any, and with the Village Clerk specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.
§ 50-18Purpose; findings.
§ 50-19Restricted wild animals or wildlife.
§ 50-20Dangerous animals.
§ 50-21Constrictor snakes in public places.
§ 50-22Farm animals.
§ 50-23Filing complaints; investigation.
§ 50-24Penalties for offenses.
The purpose of this article is to maintain the public peace and good order in the Village of Churchville and to contribute to the public welfare and good order of the people of the Village of Churchville by enforcing certain regulations and restrictions on the harboring, keeping, or exhibiting of certain animals within the corporate limits of the Village of Churchville.
The Board of Trustees of the Village of Churchville hereby finds that it is necessary to adopt a local law to provide for the control of animals which are wild, ferocious, fierce, dangerous or naturally inclined to do harm. The Board of Trustees also finds that the presence of farm animals within the Village creates annoying, noisy and unsanitary and unhealthful conditions and that the presence of such animals within the Village creates conditions not conducive to residential living. The presence of such animals in a residential community such as a Village creates a potential danger and annoyance, as well as health issues, to the residents.
No person shall keep, own, or maintain any wild animals or wildlife as defined under the New York State Environmental Conservation Law, including, but not limited to, any live wolf, wolf dog, coy dog, fox, skunk, venomous reptiles, raccoon, raccoon dog, leopard, snow leopard, clouded leopard, tiger, Asiatic lion, cheetah, alligator, crocodile, certain tortoises and turtles, vicuna, kangaroo, polar bear, mountain lion, cougar, jaguar, ocelot, margay, rhinoceros, or any endangered species designated by the Department of Environmental Conservation.
Dangerous animals shall include poisonous reptiles or amphibians.
No person shall carry, bring or possess a constrictor snake in a public place in the Village nor allow a constrictor snake to go loose or free, restrained or unrestrained, in a public place. This prohibition shall not apply to the transport of a constrictor snake on Village streets, provided that the snake is securely maintained in a bag or other enclosure throughout the transport. "Public place" shall mean any area or building owned, operated or controlled by or on behalf of the Village, or portion of such place, which is generally accessible to the public, including but not limited to streets, sidewalks, roadways, parking garages and lots, parks, playgrounds, recreation areas, athletic fields, cemeteries or places of employment or operations.
No person shall own, harbor, keep, or maintain farm animals within the Village of Churchville. Farm animals shall include, but shall not be limited to, chickens, goats, cattle, horses, donkeys, mules, ponies, fowl, water fowl, peacocks, turkeys, swine, sheep, lamas, ostriches, and emus.
Any person who observes or has knowledge of a violation of this chapter or of any local law or ordinance relating to the control of animals may file a signed deposition, under oath, with an Animal Control Officer, specifying the objectionable conduct of the animal, the date thereof, a description of the animal and the name and address, if known, of the owner or other person harboring said animal. The Animal Control Officer shall investigate each complaint and, if the complaint is supported by substantial evidence, issue a notice of violation therefor. The Animal Control Officer shall also initiate and investigate all violations of this article on his/her own initiative and shall report all violations of this article to the Board of Trustees for further action.