[HISTORY: Adopted by the Board of Trustees
of the Village of Cazenovia as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 115.
[Adopted 1-20-1965 by L.L. No. 1-1965 (Ch.
4 of the 1965 Code)]
[Amended 1-3-2011 by L.L. No. 1-2011]
As used in this article, the following terms shall have the
meanings indicated:
Dogs and cats, and fish, turtles, gerbils, guinea pigs and
other household pets customarily kept in a glass enclosure or cage
inside a residential dwelling for personal companionship and enjoyment,
but specifically excluding any poultry, water fowl, swine, cattle,
sheep, goats, horses, or any wild or dangerous animals, or any animal
kept for production of food, pelts or hides.
Any animal off the premises of its owner and not under restraint
shall be deemed at large.
Includes any individual, firm, partnership, corporation or
other entity capable of being sued.
[Amended 1-3-2011 by L.L. No. 1-2011]
No person shall permit any animal under his ownership or possession,
other than domestic cats, to run at large in the Village of Cazenovia.
[Amended 1-3-2011 by L.L. No. 1-2011]
No animals other than domestic animals shall be kept, housed,
harbored or maintained in the Village of Cazenovia.
[Amended 4-3-2000 by L.L. No. 1-2000]
Any violation of this article shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or by both such fine and imprisonment.
[Adopted 3-20-1980 by L.L. No. 1-1980]
The purpose and intent of this article shall
be to preserve the public peace and good order of the Village of Cazenovia,
Madison County, New York, to contribute to the public welfare and
to the preservation and protection of the property and person of the
inhabitants of said Village by declaring and enforcing certain regulations
and restrictions on activities of dogs and owners of dogs within the
Village.[1]
[1]
Editor's Note: Original Section 2, Exclusions,
which immediately followed this section, was deleted 4-3-2000 by L.L.
No. 1-2000.
As used in this article, the following terms
shall have the meanings indicated:
Any dog shall be deemed at large when it is off the property
of its owner, and not under restraint.
Any dog, either male or female, whether such female dog is
spayed or not.
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.
A dog is under restraint when it is controlled by a leash,
or in the presence of a competent person and obedient to that person's
commands; or on or within a vehicle being driven or parked on the
street, or within the property limits of its owner or keeper, or upon
the premises of another with the consent of such other person.
The position of Dog Control Officer may be created
by the Village Board of the Village of Cazenovia and such Dog Control
Officer shall have all of the powers of a peace officer in the execution
of this article and in the execution of Article 7 of the Agriculture
and Markets Law, including the service of summons, and the service
and execution of any other order or process. Every dog seized by the
Dog Control Officer shall be maintained, redeemed, sold or destroyed
in accordance with Article 7 of the Agriculture and Markets Law.
A.
No owner shall permit or allow a dog to run at large within the Village of Cazenovia, unless such dog shall be restrained as provided in § 50-6 herein.
B.
No dog shall be permitted to cause damage or destruction
to property, or commit a nuisance, or to defecate upon the premises
of a person, other than to or upon the premises of the owner or persons
harboring such dog.
C.
No owner shall keep or harbor a dog which howls or
barks so as to disturb the peace and quiet of other persons.
D.
No dog shall be permitted to chase or otherwise harass
any person in such manner as to reasonably cause intimidation or to
put such person in reasonable apprehension of bodily harm or injury
except in defense of property or inhabitants.
E.
No dog shall be permitted to chase or bark at moving
motor vehicles, bicycles, animals or snowmobiles.
F.
No unspayed female dog in season shall be permitted
to be outside a building or a fence enclosure, except that the owner
may exercise such dog while on a securely fastened leash not more
than six feet long.
G.
No owner shall fail to provide dogs with sufficient
good and wholesome food and water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering, and
with humane care and treatment.
Pursuant to the Agriculture and Markets Law,
owning or harboring a dog within the Village of Cazenovia unless such
dog is licensed as required by the provisions of the Agriculture and
Markets Law shall be an offense or violation. The fact that a dog
is without a license tag, attached to a collar, shall be presumptive
evidence that the dog is unlicensed.
A.
Any person who observes a dog violating, or which is being permitted to violate any of the restrictions set forth in § 50-8 herein, may file a complaint, signed under oath, with the Village Justice, Village of Cazenovia, specifying the violation, the date thereof, damage caused, if any, a description of the dog, and name and residence if known, of the owner or other person harboring such dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, or the owner thereof, the
Village Justice shall, upon a three-day notice, summon the alleged
owner or other person harboring said dog to appear in person before
him to answer to said complaint. If the summons is disregarded, the
Justice may permit the filing of an information and issue a warrant
for the arrest of such person.
[Amended 4-3-2000 by L.L. No. 1-2000]
A violation of the article shall be deemed an
offense, and a violation thereof shall be punishable by a fine of
not more than $250 or imprisonment for not more than 15 days, or both
such fine and imprisonment.
A.
Any violation of this article observed by or acted
upon by the Dog Control Officer shall subject the owner of such dog
to civil penalties which shall be in addition to or instead of such
other penalty or fine as may be provided for in this article or pursuant
to Article 7 of the Agriculture and Markets Law.
B.
For the first violation of § 50-8, the Dog Control Officer shall, upon determination and identification of the dog, serve, mail or deliver a notice of first violation specifying the time, place, date and nature of violation upon the owner of the dog, and which notice shall instruct the owner to report at the Village Clerk's Office of the Village of Cazenovia, New York, in regard to said violation. Each such owner shall, within seven days of the time at which such notice was served, mailed or delivered, pay to the Village, as an additional civil penalty for such violation, the sum of $15.
C.
For a second or subsequent violation of § 50-8 within a one-year period, the Dog Control Officer may, upon determination and identification of the dog, seize the same and hold the same for redemption or otherwise as provided in Article 7 of the Agriculture and Markets Law; in addition to such seizure and in any event, whether or not such seizure is made, the Dog Control Officer shall serve, mail or deliver to the owner of the dog a notice of second violation, which notice shall instruct the owner to report to the Village Clerk's office in regard to such violation. Each owner shall, within 12 days of the time when such notice was served, mailed or delivered, pay to the Village, as an additional civil penalty for such violation, the sum of $25.
D.
The failure of such owner to make payment to the Village
Clerk shall render the owner subject to a civil action in the name
of the Village, to recover from the owner the applicable penalty established
in this section.