[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1970 as Ch. 3 of the 1970 Code]
A.
Any person owning or having in charge or under care any
animals shall treat said animals in a humane manner and supply the proper
amount of care and cleanliness to maintain said animals in healthy condition.
B.
No person owning or having in charge or under care any
horses, cattle, sheep, hogs, goats or any other animals shall permit or allow
the same to run at large in any street or public place or on the private property
of others.
C.
No person owning or having in charge or under care any
animals shall be permitted to keep animals which, by the causing of frequent
or long-continued noise or offensive odors, shall disturb the comfort and
repose of any person in the vicinity.
Failure to comply with any or all of § 40-1 will be deemed a violation of this article and the Chief of Police is hereby given authority to impound such animals until the penalties imposed by this article are satisfied.
Any person violating any of the provisions of this article shall be
punished, upon conviction, by a fine not exceeding $250 for each violation.
In addition, each violation of this enactment shall constitute disorderly
conduct and each person violating the same shall be a disorderly person. Each
day that a violation or failure to comply with any provision of this enactment
or any regulation promulgated hereunder by the Board of Trustees occurs shall
constitute a separate and distinct violation.
Should any portion whatsoever of this article be held invalid or unenforceable
for any reason by any courts of competent jurisdiction, such portion shall
be deemed severable, but only to the extent of such holding, and such holding
shall not affect the remaining portions thereof.
All of Ordinance No. 5, as adopted by the Board of Trustees of the Village
of Fair Haven October 17, 1966, is hereby repealed.
This article shall take effect upon final passage and publication as
provided by law.
[Adopted 7-6-1987 by L.L. No. 1-1987
(Ch. 7A of the 1970 Code)]
Former Chapter 7A of the 1970 Fair Haven Code, entitled "Dogs," adopted
by the Board of Trustees of the Village of Fair Haven on August 20, 1974,
is hereby repealed in its entirety.
It shall be the purpose of this article to protect the health, safety
and property of the residents of the Village of Fair Haven by the proper control
and management of dogs.
This article is enacted pursuant to § 124 of the Agriculture
and Markets Law of the State of New York.
This article hereby recognizes Article 7 of the Agriculture and Markets
Law of the State of New York as the primary law regulating the licensing,
identification and control of dogs. This article is meant to supplement Article
7 of the Agriculture and Markets Law.
[Amended 9-12-2005]
A.
In addition to those acts outlined in Article 7 of the Agriculture
and Market Law, it shall be unlawful for any owner of any dog in the Village
of Fair Haven to permit or allow such dog to:
(1)
Run at large unless dog is restrained by an adequate leash.
(2)
Engage in habitual loud howling, barking, crying or whining or
conduct itself in such a manner as to reasonably and habitually disturb the
comfort or repose of any person other than the owner of such dog.
(3)
Chase, jump upon or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person in reasonable
apprehension of bodily harm or injury.
(4)
Create a nuisance by digging on public or private property other
than the property of the owner of such dog.
(5)
Be at large on any public park/recreation area or sidewalk adjacent,
thereto, unless said dog is on an adequate leash.
B.
All feces from said dog shall be retrieved and discarded in a
sanitary manner by the person handling such dog.
[Amended 9-12-2005]
The provisions of § 118 of the Agriculture and Markets Law
of the State of New York shall be applicable to this chapter, with the following
exceptions:
Section 119 of the Agriculture and Markets Law of the State of New York
shall be applicable in its entirety to this article. Violations under this
article shall be punishable as provided in § 119, Subdivision 2,
of the Agriculture and Markets Law.
The owner, possessor or harborer of any dog destroyed under the provisions
of this article shall not be entitled to any compensation, and no action shall
be maintainable thereafter to recover the value of the dog.
If any section of this article shall be adjudged invalid, the remainder
of this article shall be deemed valid and effective.
This article shall be effective immediately upon filing with the Secretary
of State.
