Village of Carthage, NY
Jefferson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 11-6-1995 by L.L. No. 6-1995]

§ 69-3 Definitions.

As used in this article, the following words and terms shall have the following meanings:
DANGEROUS DOG
As also defined in Article 7 of the NYS Agriculture and Markets Law, means any dog which without justification:
[Amended 2-16-2016 by L.L. No. 3-2016]
A. 
Attacks a person, companion, and causes physical injury, or death, or
B. 
Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals, or domestic animals, or
C. 
Without justification attacks a service dog, guide dog, or hearing dog and causes physical injury or death.
DOG
Male and female, licensed and unlicensed, members of the species canis familiaris.
[Added 2-16-2016 by L.L. No. 3-2016]
KEEPER
Any person, other than the owner of a dangerous/vicious dog, who harbors or has in his or her possession a dangerous/vicious dog or manages, controls or cares for a dangerous/vicious dog.
OWNER
Person entitled to claim lawful custody and possession of a dog who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the dog control officer and a reasonable search has been made. If a dog is not licensed, the term owner shall designate and cover any person or persons, firm, association, or corporation, who or which 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. Any person owning or harboring a dog for a period of one week prior to filing any complaint charging a violation of this article, shall be held in and deemed to be the owner of any dog found to be in violation of this chapter shall be under 18 years of age, the head of the household in which said minor shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog in violation of this article.
[Amended 2-16-2016 by L.L. No. 3-2016]
UNCONFINED
Outside the confines of a residence or commercial structure commonly occupied by human beings or an enclosure of at least six feet in height with secure sides, top and bottom, or, if there is no bottom, with sides which extend at least one foot underground, and which shall be locked and designed to prevent the escape of an animal or the entry of young children.
A. 
Any dog owned, harbored or trained primarily or in part for the purpose of dog fighting; or
B. 
Any dog owned, harbored or trained primarily or in part for the purpose of attacking a human being or domestic animal upon command.
VILLAGE
The Village of Carthage.
[Added 2-16-2016 by L.L. No. 3-2016]

§ 69-4 Restrictions.

[Amended 2-16-2016 by L.L. No. 3-2016]
It shall be unlawful for any owner of any dog in the Village to permit or allow such dog to:
A. 
Be at large in the Village of Carthage or elsewhere than on the premise of the owner.
B. 
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
C. 
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner.
D. 
Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.

§ 69-5 Licensing.

[Amended 2-16-2016 by L.L. No. 3-2016]
A. 
All dogs in the Village will be licensed by the Town.
B. 
Any dog harbored within the Village which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a non-resident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this local law.
C. 
Fees for licensing of dogs. Will be set by the Town and will be payable to the Town Clerk.
D. 
Enumeration fee. Enumeration fees may be charged by the Town and will be payable to the Town Clerk.
E. 
Service dogs. The Town will require a license for any guide dog, service dog, hearing dog, detection dog, wolves, search dog, working dog or therapy dog, but will not require a fee be paid.

§ 69-6 Procedure for seizure of dogs.

[Amended 2-16-2016 by L.L. No. 3-2016]
A. 
The Dog Control Officer or Village Police Officer shall seize:
(1) 
Any unlicensed dog whether on or off the owner's premises;
(2) 
Any dog not wearing a tag, and after June 15, 1985, not identified, and which is not on the owner's premises, and
(3) 
Any dog found in violation of § 69-4 of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and see that the order of the Village Justice of the Village.
B. 
The Dog Control Officer or Police Officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
C. 
Any person who observes a dog in violation of this article may file a complaint with the Dog Control Officer, Village Police, or the Village Justice of the Village specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.

§ 69-7 Penalties.

[Amended 2-16-2016 by L.L. No. 3-2016]
A. 
For a first violation a fine of no less than $25 nor more than $100.
B. 
For a second offense within a one-year period, a fine of no less than $50 nor more than $150.
C. 
For a third or subsequent offense within a one-year period, a fine of no less than $75 nor more than $200.
D. 
Any costs incurred by the Village pursuant to any section of this article may be recovered from the owner. Dogs seized shall be returned only after payment of all boarding and other fees as may be established from time to time. In the event that a court rules that an animal has to be destroyed or the owner does not want to accept the return of a captured dog and the animal must be destroyed, or where the owner fails to adhere to the provisions of this article and the steps the Village must take to destroy the animal, the owner shall be responsible to reimburse the Village all costs and expenses incurred in the destruction of the animal.

§ 69-8 through § 69-16. (Reserved) [1]

[1]
Editor’s Note: Former § 69-8 through § 69-16, as amended, were repealed 2-16-2016 by L.L. No. 3-2016.