[HISTORY: Adopted by the Board of Trustees of the Village of Canton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-1975 by L.L. No. 5-1975
as Ch. 49 of the 1975 Code]
No person, firm or corporation being the owner of or having possession,
custody or control of any animal or fowl shall suffer or permit such animal
or fowl to run at large within the Village of Canton, and any person who harbors
any animal or fowl shall be deemed the owner thereof.
No person, firm or corporation shall keep swine or goats or allow them
to be kept on premises owned or leased by him or it within the Village of
Canton.
A.
No person, firm or corporation shall keep chickens, ducks,
geese or any domestic fowl, animal or animals within the village without the
written consent of the adjoining property owners and the Board of Trustees.
B.
Any building or structure housing such fowl or animals
must be kept in a sanitary condition.
Any person who shall violate any of the provisions of this article shall
be punishable by a fine of not more than $50 and every such violation shall
constitute disorderly conduct. If such offending person shall have received
notice to abate any nuisance and shall neglect to do so, the continuance of
the same each day after notice shall constitute a separate violation of this
article.
[Adopted 12-12-1977 by L.L. No. 7-1977]
This article shall be known and cited as the "Dog Control Law of the
Village of Canton, New York."
This article is enacted pursuant to the provisions of § 126
of the Agriculture and Markets Law of the State of New York.[1]
[1]
Editor's Note: See now § 124 of the Agriculture and
Markets Law. Former § 126 was repealed by L. 1978, c. 220.
The Village Board of the Village of Canton has determined that the running
at large and other uncontrolled behavior of licensed and unlicensed dogs have
caused physical harm to persons and have damaged property and have created
nuisances within the village. The purpose of this article is to protect the
health, safety and well-being of persons and property and to preserve public
peace and good order in the village by establishing certain regulations and
restrictions on the activities of dogs that are consistent with the rights
and privileges of other residents of the village.
When used in this article, unless otherwise expressly stated, the following
terms shall have the meanings indicated:
That any such animal is securely confined or restrained or kept on
the owner's premises, either within a building, kennel or other suitable
enclosure or securely fastened on a chain, wire or other effective tether
of such length and so arranged that the animal cannot reach or endanger any
person on any adjacent premises or in any public street, way or place, or,
if the animal is being transported by the owner, that it is securely confined
in a crate or other container or so restrained in a vehicle that it cannot
be expected to escape therefrom.
Includes any dog of either sex and of any age, unless otherwise indicated
herein.
The person appointed by the Board of Trustees of the Village of Canton
to assist in the enforcement of this article, and every dog seized by the
Dog Warden shall be maintained, redeemed, sold or destroyed in accordance
with Article 7 of the Agricultural and Markets Law of the State of New York.
The party purchasing the license for the dog. If the dog is not licensed,
the term "owner" shall be construed to include any person who at any time
owns or has custody or control of, harbors or is otherwise responsible for
any dog which is kept, brought or comes within the village. In the event that
the owner of any dog which is found to be in violation of this article is
a minor, the head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for any acts
of said dog in violation of this article.
A dog shall be deemed to be running at large if it is elsewhere than
on the premises of the owner while not under the control of the owner or his
agent and without the knowledge, consent or approval of the owner of such
lands.
A dog shall be deemed to be under control when it is under either
voice command or a suitable restraining device designed for that purpose.
A.
No dog shall be knowingly allowed to run at large within
the Village of Canton.
B.
No unspayed female dog in season shall be knowingly allowed
to be outside a building or a fenced enclosure.
C.
No dog shall be knowingly allowed upon the public streets
or upon any public property within the Village of Canton unless it shall be
accompanied by its owner or a responsible person able to restrain and control
said dog by command and unless such person accompanying said dog shall actually
control and restrain said dog by some suitable device designed and used for
that purpose.
D.
No dog shall be knowingly allowed upon the golf course
at the Remington Recreation Center.
[Added 6-2-1998 by L.L. No. 6-1998]
E.
No dog shall be knowingly allowed upon the trail known
as the "Canton Trail" located at the Remington Recreation Center unless the
dog is accompanied by its owner or a responsible person and unless such person
shall actually control and restrain said dog by some suitable device designed
and used for that purpose.
[Added 6-2-1998 by L.L. No. 6-1998]
No person being the owner or the agent of the owner of any dog shall
knowingly allow such dog to commit any nuisance within the Village of Canton
or cause damage to the person or property of others. The following are declared
to be public nuisances and are set forth herein for explanatory purposes only
and are not to be considered as excluding other types of nuisances, and the
establishment of the fact that the owner of a dog has allowed or permitted
such dog to commit any of the acts hereinafter prohibited shall be presumptive
evidence against the owner or harborer of such dog that he has failed to properly
confine or control said dog:
A.
Engaging in loud howling or persistent barking, crying
or whining or so conducting itself in such a manner as to unreasonably and
persistently disturb the comfort or repose of any person other than the owner
of such dog.
B.
Chasing and/or barking at motor vehicles while on a public
street or highway or upon public or private property other than property of
the owner or harborer of said dog.
C.
Jumping upon, chasing or otherwise harassing any person
in such a manner as to reasonably cause intimidation or fear or to put such
person in reasonable apprehension of bodily harm or injury.
D.
Being found upon the school grounds of any school within
the Village of Canton during the time of year when said schools are open,
and between one hour prior to commencement of the school day and one hour
after the end of the school day, or upon a playground within said Village
of Canton at any hour during the time of year when playground activities are
conducted.
E.
Running together in a pack or in any way forming a pack
of dogs. For the purpose of this article, the word "pack" is hereby defined
to mean three or more dogs.
F.
Defecating, urinating, digging or otherwise damaging
public property or private property other than the property of said owner.
Any dog which shall attack any person or domestic animal within the
meaning of Article 7 of the Agriculture and Markets Law of the State of New
York shall be dealt with in accordance with Article 7 of said Agriculture
and Markets Law.
[Amended 4-27-1992 by L.L. No. 3-1992]
A.
Any person who observes or has knowledge of a dog violating
any provision of this article may file or register a verbal complaint with
the Dog Warden or the Village of Canton Police Department specifying the objectionable
conduct of the dog, the date thereof, the description of the dog and the name
and address, if known, of the owner or other person harboring said dog.
B.
Upon receipt by the Dog Warden of any such complaint
or in the event that any dog is found by the Dog Warden to be in violation
of any provision of this article, the Dog Warden shall, if possible, seize
and take into custody said dog and, in any event, as soon as circumstances
will permit, issue and deliver to the owner of said dog a ticket providing
for payment of a civil penalty of $75 in lieu of court appearance and fine.
Such civil penalty shall be paid to the Village Clerk within 10 days following
the issuance of the ticket. Changes in the civil penalty may hereafter be
made by the Village Board of Trustees, from time to time, by resolution passed
by a majority thereof.
C.
In the event that the owner of said dog does not pay
the civil fine, then the Dog Warden shall issue an appearance ticket, pursuant
to § 126 of the Agriculture and Markets Law of the State of New
York,[1] detailing the violations and instructing the owner to appear before
the Justice Court of the Village of Canton within five days. If such appearance
ticket is disregarded by such person, the Dog Warden or complainant may file
an information with said Court, which Court shall then issue a summons or
warrant for the arrest of such person.
[1]
Editor's Note: See now § 124 of the Agriculture and
Markets Law. Former § 126 was repealed by L. 1978, c. 220.
D.
In the event that any dog has been seized or taken into custody by the Dog Warden, its owner shall be required to pay to the boarding facility designated by the village the sum designated by said boarding facility for each day during which said dog shall be boarded by the boarding facility designated by the village. In addition, the owner shall be required to pay directly to the Village Clerk the sum by which the amount charged to the village by the designated boarding facility exceeds the civil penalty collected pursuant to Subsection B of this section or by which said charge exceeds the penalty imposed by the Justice Court upon conviction pursuant to § 98-13.
[Amended 11-18-1991 by L.L. No. 10-1991]
Upon conviction, a violation of any of the provisions or restrictions
of this article shall be punishable by a fine not exceeding $75 for each violation.
Increases in the fine may hereafter be made by the Village Board of Trustees,
from time to time, by resolution passed by a majority thereof.
