[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 81 of the 1983 Code. Amendments noted where applicable.]
This chapter, enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of New York State, shall be known as "Animals and Dogs."
The purpose of this chapter shall be to preserve public peace and good order in the Town/Village of East Rochester and to contribute to the public welfare, safety and good order of its people by enforcing certain regulations and restrictions on the activities of dogs and cats that are consistent with the rights and privileges of dog and cat owners and the rights and privileges of other citizens of the Town/Village of East Rochester.
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL-DOG CONTROL OFFICER
- A person or persons duly appointed by the Village of East Rochester for the purpose of enforcing this chapter.
- AT LARGE
- Any licensed, unlicensed or identifiable dog which is unleashed and off the premises of the owner.
- Both male and female dogs, except where the context requires otherwise.
- To provide food or shelter to any dog.
- IDENTIFIABLE DOG
- Any dog which is duly licensed but not carrying an identification tag as provided in § 112 of Article 7 of the New York State Agriculture and Markets Law.
- Restrained by a leash of not more than eight feet in length attached to a collar or harness of sufficient strength to restrain the dog and which leash shall be held by a person having the ability to control and restrain the dog.
- Any person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents or other head of household where the minor resides. Any person harboring a dog for a period of two weeks prior to the filing of any complaint charging a violation of this chapter shall be held and deemed to be the owner of the dog for the purpose of this chapter.
No person shall bring into or keep within the town/village limits any live animals except for a show or exposition, except cats, dogs and other household pets and such fowl as may be permitted under Chapter 143, Poulterers.
The owners or harborers of cats must at all times take full responsibility for keeping them out of the garbage and gardens of other town/village residents for the purpose of good health and cleanliness in the Town/Village of East Rochester.
Any owner or harborer of a cat, which cat is persistently seen tearing into garbage containers or bags, seen digging on property other than that of its owner or harborer and can be positively identified by the complainant will be spoken to by the Animal-Dog Control Officer who assists with all animals in the Town/Village of East Rochester.
It shall be unlawful for any owner of a dog in the Town/Village of East Rochester to permit or allow such dog to:
Run at large.
Be off the owner's property unless leashed.
Cause damage or destruction to public or private property, or to deposit feces or commit a nuisance upon the property of a person other than the owner or harborer of the dog.
Bite, chase or otherwise harass any person in such a manner as to cause intimidation or to put such a person in reasonable fear of bodily harm or injury.
Engage in habitual loud howling, barking or whining or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog.
Chase motor vehicles or bicycles.
Kill or injure any dog, cat or other household animal or pet.
It shall be unlawful for any owner of a dog in the Town/Village of East Rochester to harbor any dog, on or off his premises, which is not duly licensed.
Any person owning, harboring, keeping or in charge of any dog shall immediately remove, in a suitable container, all feces deposited by such dog on any common thoroughfare, sidewalk, passageway, play area, park or any place where people congregate or walk or on any public property whatsoever or on any private property without the permission of the owner of said property.
[Added 6-26-1997 by L.L. No. 3-1997]
The feces shall be removed from the aforementioned designated area or shall be deposited in a designated public waste receptacle by the person owning, harboring, keeping or in charge of any dog which deposited such feces. Disposal of feces in the street storm collection system is prohibited.
Any dog which serves as a guide dog shall be exempt from the provisions of this subsection while such dog is accompanying a blind person.
All female dogs shall be confined to the premises of their owners while such are in heat and may not be left outside unattended. Any owner not adhering to this rule will be subject to having the animal seized by the Animal-Dog Control Officer or a police officer and removed to a safe place of confinement.
All premises occupied or used by animals shall be kept in a clean, sanitary condition. Failure of any owner or harborer of an animal to provide adequate shelter, food, water or space shall subject such animals to seizure and confinement. "Adequate" shall mean sufficient for age, size and number of animals on the premises. Upon conviction of the owner or harborer, the animal becomes the property of the Village of East Rochester, to be released to the Monroe County Humane Society or other authorized kennel for adoption or euthanasia.
All doghouses and/or dog kennels shall provide shelter suitable to the age and breed of the dog. Said shelter shall be structurally sound, clean and sufficient to protect the dog from detriment to its well-being and shall provide adequate space to allow the dog to move about in a natural manner, with light, air and temperature sufficient to protect the dog.
Access and inspection. In order to supervise and enforce the above standards, the Animal-Dog Control Officer may, at any reasonable time, enter and inspect the doghouse and/or dog kennel.
Upon recommendation of the County Health Officer, the Mayor may issue an order declaring that the town/village is quarantined as to dogs or cats, which order shall be published in the official newspapers of the town/village for such time as the Mayor shall deem necessary and shall remain in force until revoked by the Mayor.
All abandonment cases shall be dealt with according to Article 25-B, §§ 331 and 332, of the Agriculture and Markets Law of New York State.
Upon taking custody of any animal, the Animal-Dog Control Officer or police officer shall make a record of the matter in the animal control log. The record shall include the date of pickup, breed, general description, sex, identification numbers, time of pickup, location of pickup, section of this chapter violated, place of confinement, date of release and name and address of owner, if any.
Every animal seized shall be properly fed and cared for at the expense of the Village of East Rochester until disposition thereof as provided in and in accordance with the applicable provisions of the Agriculture and Markets Law of New York State.
Any Animal-Dog Control Officer or peace officer in the employ of or under contract to the Village of East Rochester shall seize any dog or animal which is in violation of § 81-6 as amended herein.
Any unlicensed or identifiable dog seized pursuant to this chapter shall be held for a period of not less than three days but not more than five days, except as otherwise provided herein, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to Article 7 of the New York State Agriculture and Markets Law.
Upon seizure of any licensed dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, or by any other method of service as provided for in the Civil Practice Law and Rules, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment to the Village of East Rochester of impoundment fees and all other expenses incurred by the village in seizing, transporting, boarding and caring for the dog so seized.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be released to the Monroe County Humane Society, or other kennel authorized by the Village of East Rochester, to be adopted or euthanized.
If any animal is so severely ill or injured or cannot be removed to a veterinary hospital or humane society, then it shall be humanely destroyed by or at the request of the Animal-Dog Control Officer or a police officer. The carcass shall be immediately disposed of, and a written report shall be made of such destruction and disposition to the Police Department, which shall keep a record thereof.
[Amended 3-8-1999 by L.L. No. 1-1999]
Except as otherwise provided in § 119 of the Agriculture and Markets Law, each and every violation of this chapter shall be punishable by a fine not to exceed $50 for the first offense, $75 for the second offense and $100 for the third offense. The Village Justice shall have jurisdiction thereof.
The owner or harborer of any dog so destroyed under the provisions of this chapter, whether destroyed by an Animal-Dog Control Officer or a police officer or released to the Humane Society or other authorized kennel contracted by the Village of East Rochester, New York, shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of such dog or any other type of damage.
A summons shall be issued by the Animal-Dog Control Officer or a police officer to the owner or harborer of a dog if:
The dog has been picked up twice within 30 days or less or seen at large twice within 30 days.
The owner or harborer of a dog has been warned that his dog is in violation of any other section of this chapter twice within 30 days.
A bona fide complaint has been received, in writing, that a dog has bitten a human or viciously attacked or killed another animal.
An Animal-Dog Control Officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this chapter, including the power to issue appearance tickets pursuant to § 124, Subdivision 2(c), of the Agriculture and Markets Law.
All complaints concerning the claimed violation of any of the above provisions shall be filed with the Police Department and shall be in writing, signed by the complainant.
[Amended 3-8-1999 by L.L. No. 1-1999]
The annual fee for each dog license issued pursuant to the Agricultural and Markets Law of the State of New York shall be as follows:
Persons 65 years of age or over shall be exempt from payment of fees in addition to those established by the State of New York and shall instead pay the following license fees for dogs: $2.50 for spayed/neutered dogs and $7.50 for unspayed/unneutered dogs.
Pursuant to § 110, Subdivision 3, of the Agriculture and Markets Law, there shall be no fee for any license issued to any guide dog, hearing dog, service dog, war dog or police work dog.
Late fee. An additional amount, as set by resolution of the Board of Trustees, shall be added for late application for a dog license.
Cat pickup fee. There shall be a fee, as set by resolution of the Board of Trustees, for the pickup and removal of cats.