[Adopted 6-2-1975 as L.L. No. 2-1975]
The purposes of this Article are to promote
the public welfare and for the preservation and protection of the
persons and the property of the inhabitants of the village by enacting
regulations and restrictions on the activities of dogs within the
village limits.
As used in this Article, the following terms
shall have the meanings indicated:
The duly appointed Village Clerk.
The Dog Control Officer, a police officer, a peace officer
or any person authorized by the Village Board of Trustees to act in
connection with the enforcement of this Article.
[Amended 3-18-1996 by L.L. No. 2-1996]
Any animal of the canine species, male or female, of any
age, licensed or unlicensed.
Any person who has licensed a dog, owns a dog, harbors or
is keeping or has custody or control of any dog.
A.
It shall be unlawful and a violation of this Article
for any person owning or having charge, care, custody or control of
any dog to permit such dog to be upon any private property without
the permission of the occupant of such private property except for
the property occupied by the owner or person having charge, care,
custody or control of such dog.
B.
It shall be unlawful and a violation of this Article
for any person owning or having charge, care, custody or control of
any dog to permit such dog to be upon any public property unless such
dog is confined in a vehicle or restrained by a chain or leash not
exceeding eight (8) feet in length and in charge of a person of sufficient
ability to control such dog effectively.
It shall be unlawful and a violation of this
Article for any person to keep or permit to be kept on any premises
owned or occupied in whole or in part by such person within the village
any dog which by its habitual barking, howling or whining shall disturb
or annoy other persons. Any dog which barks, howls or whines for prolonged
periods of time, daily or for more than two (2) days shall be deemed
to be habitually barking.
It shall be unlawful and a violation of this
Article for any person owning, having charge, care, custody or control
of any dog which may be on public property to fail to clean up any
dog litter or excrement deposited by such dog as soon as is practical
and to dispose of the same properly.
A.
Every dog seized shall be properly fed and cared for
at the expense of the village.
B.
If the dog seized has a proper license tag, the Codes
Enforcement Officer shall ascertain the owner of the dog and shall
give notice by serving personally such owner or a member of his family
who is at least eighteen (18) years of age with a notice, in writing,
stating that the dog has been seized and will be destroyed or sold
unless redeemed within the period of time provided for herein.
C.
The owner of a dog seized may redeem the dog within
seven (7) days, except that the owner of a licensed dog may redeem
the dog within twelve (12) days by paying to the Codes Enforcement
Officer or Clerk the sum of two dollars ($2.) as the cost of the seizure.
The owner of an unlicensed dog must also exhibit a proper license
in order to redeem such dog.
D.
If any dog is not redeemed as provided for herein,
the owner shall forfeit all title to the dog, and the dog shall be
sold or destroyed by the Codes Enforcement Officer. In the case of
sale, the purchaser must pay the purchase price to the Codes Enforcement
Officer or Clerk.
E.
The redemption of any dog shall have no bearing upon
the prosecution for a violation hereunder.
[Amended 3-18-1996 by L.L. No. 2-1996]
The Village of Cobleskill is hereby authorized
to contract with the Town of Cobleskill for furnishing services for
the seizing, impounding and destroying of dogs under this Article
and to contract with any individuals to serve as Dog Control Officers
or enforcement officers.
Complaints of the violation of any of the provisions
of this Article shall be made on forms provided by the village and
sworn to by the complainant before a notary public, the Village Clerk
or any official authorized to take acknowledgments.
[Amended 3-18-1996 by L.L. No. 2-1996]
Unless as otherwise provided for in Article 7 of the Agriculture and Markets Law, any person found guilty of violating this Article or any part thereof shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty; such violation may also be found by the court to be a violation of the Penal Law of the State of New York and be subject to such fine and imprisonment as provided for therein.
This Article shall not apply to any dogs owned
by a nonresident while passing through the village.
