[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 5-10-1999 by L.L. No. 4-1999 (Ch. 13 of the 1968 Code). Amendments noted where applicable.]
This chapter shall be entitled the "Animal Control Law of the Village of Fairport."
The purpose of this chapter shall be to preserve the public peace and good order in the Village of Fairport 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 animals and owners of animals within the Village.
As used in this chapter, unless otherwise expressly stated, the following definitions shall apply:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law in and for the State of New York, in effect as of the date of the enactment of this chapter, and as may thereafter be amended.
- Any nonhuman domestic animal or, if not naturally domestic, one which has come under the control of a human person by being taken from its natural state and tamed by continued association with or training by such human person.
- AT LARGE
- Not on the premises of the animal's owner and not confined.
- Kept on the owner's premises, either within a building, kennel fenced in area or other suitable enclosure, or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or, if the animal is being transported, that it is securely confined in a vehicle so that it cannot escape therefrom.
- CRIMINAL PROCEDURE LAW
- The Criminal Procedure Law in and for the State of New York, in effect as of the date of the enactment of this chapter, and as may thereafter be amended.
- Any member of the species canis familiaris.
- The person or persons to whom the animal is licensed, if a license is required and has been issued, but if not, then the person who owns, has custody of, harbors or otherwise cares for an animal found within the Village of Fairport. If the owner of the animal is a minor, the head of the household in which said minor resides shall be deemed to be the owner of said animal and shall be liable for any violation of this chapter.
- Any individual, association, partnership, corporation or other entity.
No person shall keep or house animals, birds, fowl or poultry, except customary household pets, within the Village of Fairport.
No owner of any animal in the Village of Fairport shall permit or allow such animal to:
Run at large unless said animal is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal.
Engage in habitual loud howling or barking, make other noise or conduct itself in such other manner so as to annoy any person other than the owner of such animal.
Cause damage or destruction to property of a person other than the owner of such animal.
Bite, chase or otherwise harass any person in such a manner as reasonably to cause intimidation to or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at any person other than its owner or any vehicles.
Create a nuisance by defecating, urinating or digging on property other than the property of the owner.
No owner of any animal in the Village of Fairport shall permit any premises, structures or enclosures in which such animal is kept to be unclean or unsanitary.
No person shall keep more than three animals which are six months or older on any premises, regardless of the number of owners.
An Animal Control Officer or Officers shall be appointed by the Village Board, and such officer(s) shall have all reasonable and necessary powers to enforce all provisions of this chapter, including but not limited to those powers and responsibilities with respect to dogs as a dog control officer or officer(s) as enumerated in Agriculture and Markets Law § 114, including but not limited to the powers of a peace officer, the power to issue and serve any process and to execute any order or process in the execution of this chapter.
Any violation of this chapter shall be deemed a violation as defined in the Criminal Procedure Law and shall be prosecuted in the same manner as a violation, pursuant to the Criminal Procedure Law.
Any Animal Control Officer, peace officer or police officer in the employ of the Village of Fairport, or under contract with the Village of Fairport for Animal Control Officer services, may seize any dog which is not identified and which is not on the owner's premises, any dog which is not licensed, whether on or off the owner's premises, or any animal which is in violation of this chapter.
Any dog or other animal so seized shall be cared for, redeemed and/or disposed of in accordance with the procedures set forth for dogs in Agriculture and Markets Law § 118, except as follows:
The impoundment fee shall be $50 for the first offense, plus an additional $25 for each subsequent offense, as a cost of seizure, plus an additional charge for the reasonable cost of caring and feeding such animal incurred by the Village.
The redemption period for a dog or other animal shall be five days, if notice to the owner is given by personal delivery, or eight days if notice to the owner is given by mail.
If an animal is not redeemed, the owner shall forfeit all title to the animal, and the animal shall be made available to the Monroe County Humane Society, Inc., the American Society for the Prevention of Cruelty to Animals or any other society duly incorporated for that purpose, for adoption or euthanasia in accordance with Agriculture and Markets Law § 374.
Except as otherwise provided in § 119 of the Agriculture and Markets Law, any person who is convicted of violating any provision of this chapter shall be sentenced for each offense to a penalty of a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.
The Dogs and Other Animals Law in and for the Village of Fairport, as previously set forth in Chapter 13 of the Fairport Village Code, is repealed as of the effective date of this chapter. Such repeal shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect.