[HISTORY: Adopted by the Board of Trustees
of the Village of Chittenango 9-26-1989 as L.L. No. 7-1989. Amendments noted where
applicable.]
This chapter shall be known as the "Dog Control
Law of the Village of Chittenango."
The purpose and intent of this chapter shall
be to preserve the public peace and good order of the Village of Chittenango
and to contribute to the public welfare and the preservation and protection
of the property and the 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.
As used in this chapter, the following terms
shall have the meanings indicated:
The person or persons appointed either by the Village of
Chittenango (hereinafter "the Village") or the Town of Sullivan (hereinafter
"the Town") to the position of Animal Control Officer. If appointed
by the Village, an “Animal Control Officer” shall have
all the powers of a constable or other peace officer in the execution
of the provisions of this chapter or Article 7 of the Agriculture
and Markets Law of the State of New York. These powers shall include
service of any process, the service of an appearance ticket and the
service of any other order or process as provided under Article 7
of the Agriculture and Markets Law or this chapter.
[Amended 3-23-2010 by L.L. No. 2-2010]
Any dog shall be deemed "at large" when it is off the property
of its owner and not under restraint.
Any dog, both male and female, whether such female dog is
spayed or male dog is neutered.
Any person under the age of 18 years.
Any person who is the licensed owner or last licensed owner
of a dog, or any person who harbors a dog for more than one day. If
the "owner" of a dog is under the age of 18 years, the "owner" of
the dog shall be deemed to be the parent or guardian for the purpose
of this chapter.
A dog is under "restraint" when it is controlled by a leash
not to exceed 10 feet in length, or is within a vehicle being driven
or parked on the street, or is within the property limits of its owner
or keeper, or is upon the premises of another with the written consent
of such other person.
This chapter shall apply to all dogs harbored
within the Village of Chittenango, whether or not tagged or licensed.
This chapter shall not apply to dogs owned by
such persons or confined to such societies, hospitals or institutions
as defined by Article 7, § 107, of the Agriculture and Markets
Law.
The position of Animal Control Officer may be
created by the Board of Trustees of the Village of Chittenango, who
shall have all of the powers of § 114 of the Agriculture
and Markets Law, in the execution of this chapter and in the execution
of Article 7 of the Agriculture and Markets Law, including the service
of summons, issuing appearance tickets and the service and execution
of any other order or process. Every dog seized by the Animal Control
Officer shall be maintained, redeemed 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 Chittenango, unless such dog shall be restrained as provided in § 69-3 herein.
B.
No dog shall be permitted to cause damage or destruction
to property or other dogs, 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, when unprovoked,
howls, whines or barks loudly habitually or continuously so as to
disturb the peace and quiet of other persons.
D.
No dog shall be permitted to habitually chase, run
alongside of or bark at motor vehicles or bicycles 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.
E.
No dog shall be permitted to habitually chase or bark
at moving vehicles, animals or snowmobiles.
F.
No unspayed female dog in season or in heat shall
be permitted to be outside a building or a fenced 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.
[Amended 3-23-2010 by L.L. No. 2-2010]
Pursuant to §§ 109 and 112 of
the Agriculture and Markets Law, for all persons owning and/or harboring
a dog within the Village, such dog must be licensed if the dog has
attained six months of age and must be wearing the same on a collar
attached to the dog’s neck. The fact that a dog is without a
license tag attached to a collar shall be presumptive evidence that
the dog is unidentified and/or unlicensed. Violations of the above
shall be treated as separate offenses, if a dog is missing either
a collar or a tag as described herein.
A.
The Animal Control Officer, or any other peace officer
or designated representative of the Commissioner of Agriculture and
Markets, may seize any dog which:
[Amended 3-23-2010 by L.L. No. 2-2010]
B.
Any dog seized pursuant to this section shall be taken
to such place as may be designated by the Town Board of the Town of
Sullivan as a place of detention, and there such dog shall be properly
cared for until the expiration of the applicable redemption period
set forth in § 118 of the Agriculture and Markets Law. In
the event that such dog bears a license tag, the person seizing the
dog shall ascertain the name of the owner thereof and give said owner
immediate notice by serving on said owner an instrument, in writing,
stating that the dog has been seized, indicating when, where and why
the dog was seized and stating that the dog will be adopted or destroyed
unless redeemed within nine days of the date of seizure of the dog,
if notified in writing, or seven days if notified in person. If an
impounded dog is not redeemed within the applicable redemption period
set forth in § 118 of the Agriculture and Markets Law, the
owner shall forfeit title to such dog and it may thereafter be adopted
or destroyed.
A.
Removal of dog feces by owner. Any person owning, harboring or in charge of any dog which soils, defiles, defecates upon or commits any nuisance upon any common thoroughfare, sidewalk, passage, bypath, play area, park or place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property, in violation of § 69-7B herein, shall immediately remove all feces deposited by any dog, by means of any sanitary method approved by the local health authority.
[Amended 3-23-2010 by L.L. No. 2-2010]
B.
Disposal of feces. The feces removed from the aforementioned
designated areas shall be properly disposed of by the person owning
or in charge of any such dog.
C.
Guide dogs excepted. The provisions of this section
shall not apply to trained leader dogs or guide dogs for the blind
and sight-impaired, while such persons are at that time using such
dogs as guide or leader dogs.
[Amended 3-23-2010 by L.L. No. 2-2010]
[Amended 3-23-2010 by L.L. No. 2-2010]
A.
Any person who observes a dog violating, or which is being permitted to violate, any of the provisions of § 69-7 herein may file a complaint, signed under oath, with the Village Police Justice, specifying the violation, the date thereof, the damage caused, if any, a description of the dog and the name and address, if known, of the person owning, harboring or in control of the dog.
B.
Upon receipt
by the Village Police Justice of any complaint against the conduct
of the particular dog, the Village Police Justice shall, upon three
days’ notice, summon the owner, person harboring or the person
controlling the dog at the time of the violation to appear in person
before such Justice to answer to the complaint. If the summons is
disregarded, the Justice may permit the filing of an information and
issue a warrant for the arrest of the person named in the complaint.
[Amended 3-23-2010 by L.L. No. 2-2010]
The Animal Control Officer, or any peace officer, observing a violation of § 69-7 of this chapter is hereby authorized to issue and serve an appearance ticket for such violation, pursuant to the Criminal Procedure Law of the State of New York, to the owner of, person harboring or person in charge of any dog violating said § 69-7 of this chapter.
Each dog seized may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and identified pursuant to the provisions of this chapter, and further provided that the owner pays the applicable impoundment fees as set forth in the then existing contract between the village and any incorporated humane society or dog-protective association providing pound or shelter services for the village. These fees are in addition to the fines set forth in § 69-14.
[Amended 3-23-2010 by L.L. No. 2-2010]
A violation of this chapter shall be deemed an offense. A conviction
for a violation of this chapter shall be punishable by a mandatory
fine for one offense, within a two-year period, of not less than $25
nor more than $100; for a second conviction of a violation of this
chapter within a two-year period, such person shall be subject to
a mandatory fine of not less than $50 nor more than $175; for a third
or additional conviction for a violation of this chapter within a
two-year period, such person shall be subject to a fine of not less
than $75 nor more than $250. In lieu of, or in addition to, the fines
provided for violations of this chapter, a person convicted of a violation
of this chapter may be imprisoned for up to 15 days.
