[HISTORY: Adopted by the Board of Trustees of the Village of Chester 5-26-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
It appearing that dogs in the Village of Chester have, in some instances, been allowed to cause annoyance and damage to the person and properties of others, and it appearing further that dogs properly cared for serve a useful purpose, the Board of Trustees of the Village of Chester enacts the following chapter to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.
As used in this chapter, the following terms shall have the meanings indicated:
DOG WARDEN
The person authorized by resolution of the Board of Trustees from time to time to enforce the provisions of this chapter. A "Dog Warden" shall have all the powers of a constable or other peace officer in the execution of the provisions of this chapter, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 126 of the Agriculture and Markets Law of the State of New York, as amended by Chapter 374 of the Laws of 1975, and the service and execution of any other order or process, notwithstanding any provision of the Justice Court Act.
OWNER
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week. The "owner" need not be a resident of the Village of Chester, but for a violation to occur, the dog must be within the Village limits of the Village of Chester.
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog while in the Village of Chester to:
A. 
Run at large unless said dog, whether or not tagged or licensed, is restrained by an adequate collar and leash, rope or chain or within a cage or motor vehicle or unless accompanied by its owner or a responsible person able to control the animal.
B. 
Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. 
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
F. 
Remain in the Village unless licensed in accordance with § 109 of the New York State Agriculture and Markets Law.
A. 
Any dog which is within the limits of the Village shall be kept confined or on a leash no longer than eight feet, except when on the owner's property or on the private property of another person or persons with the knowledge and consent of such person or persons.
B. 
The owner of any dog which is within the limits of the Village shall not permit his dog to bark, chew, cry, be vicious or playful or to defecate in such a way as to cause annoyance to the residents of the Village or damage to their property, nor shall the owner of a dog allow his dog to tip over ash cans or other devices used to contain refuse. No owner shall permit the premises or enclosures in which the dog is kept to be unsanitary or unclean.
C. 
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to enclosed premises of such person during such period.
This chapter shall be enforced by the Dog Warden or by the Village Police Department[1] or any other enforcement officer.
[1]
Editor's Note: See Ch. 19, Police Department.
Any dog found running at large or which does not have a license shall be impounded and taken to such place as may be designated by the Board of Trustees as a place of detention, and shall there be properly fed and cared for at the expense of the Village until disposition thereof shall have been made in accordance with the provisions of this section.
A. 
Redemption.
(1) 
Unlicensed dogs. Upon the seizure and impounding of any unlicensed dog, the owner of such animal, if known, may be notified thereof. Such dog so seized and impounded shall be held for a period of seven days, during which time the owner of said dog may recover same by producing a license for such dog and paying the redemption fees specified below.
(2) 
Licensed dogs. Upon the seizure and impounding of any dog found running at large, the owner of such animal shall be ascertained and immediately notified thereof. Such dog so seized and impounded shall be held for a period of 12 days, during which time the owner of said dog may recover the same by paying the redemption fees specified below.
B. 
Redemption charges. If the dog is to be redeemed, the owner shall pay the Dog Warden a fee of $10, plus the charge of $4 per day for the care of the dog while impounded.
C. 
Forfeiture of title to dog. If an impounded dog is not redeemed or a trial demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Village or destroyed by the appropriate official as hereinafter provided.
D. 
Sale of impounded dog. The Warden is hereby authorized to sell any dog impounded at such price as he shall determine to be fair and shall deposit such sum in the general fund of the Village. The Village shall keep a record of all sales and such records shall be open to public inspection. Such records shall be kept for one year.
E. 
Destruction of dogs. In the event that it becomes necessary to destroy a dog, the Warden or other law enforcement officer shall arrange, through a veterinarian or Dog Warden in his facilities, to humanely destroy and dispose of the carcass. Any Dog Warden that destroys a dog must make a report in writing to the Chief Dog Warden. This report and the Chief Warden's report will be submitted to his superior and will be kept on file for one year. The owner, possessor or harborer of any dog destroyed under the provisions of this subsection shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
Any offense against the provisions of this chapter shall be deemed a violation, and any person convicted of a violation shall be liable to a fine for a first violation of $25; for a second violation, a fine of $50; and for a third and subsequent violation, a fine of $75. In addition, a dog found to be dangerous may be ordered securely confined or destroyed, in the discretion of the court.
A. 
In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation of this chapter. An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation, as provided in Subsections B and C of this section, in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form, as authorized by this chapter, entering a plea of guilty thereby, and shall forward such form and appearance ticket to the office specified on such appearance ticket. A check or money order in the amount of the penalty for the violation charged, in accordance with the penalty schedule appearing on the answer form, must also be submitted with such answer.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete an appropriate form likewise prescribed for that purpose, entering a plea of not guilty thereby, and shall forward such form and appearance ticket, together with security in the amount of $15, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such person shall be notified by return mail of the date and place of such return date and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
D. 
The form for answer by plea of guilty or not guilty shall include a statement setting forth in substance the provisions of this section and the schedule of penalties that can be imposed if a plea of guilty is entered. The form shall be approved as to form and content by the Board of Trustees.