Village of Hamburg, NY Animals

Permit required. No person shall hereafter keep or house horses, cattle, sheep, swine, poultry or any animals other than household pets within the limits of the Village without a permit from the Board of Trustees. Upon receipt of a completed application for a permit, the Village Board of Trustees shall consider said application at a regularly scheduled Board meeting. Prior to said meeting, the Village Board shall issue notice of such meeting to all property owners within 100 feet of the property for which the application is made. Said notice shall indicate the general content of the permit application, the date of the Board meeting when the application will be considered, and must notify the recipient that they may appear in person and/or submit a written response to express an opinion on the application. Said notice must be issued not fewer than 15 days and no longer than 30 days prior to the Board meeting.

Such permit may be granted for a period of one year unless it shall be determined from complaints that the keeping of the animals listed on the permit is objectionable or offensive by reason of noise, smell or other cause. Hamburg Village Agricultural Committee shall field and attempt to mitigate all complaints. Unresolved complaints shall be forwarded to the Code Enforcement Department. Such permit shall be revocable at any time by the Board of Trustees.

Fowl/poultry.

(1)

All poultry shall be kept outdoors in a secure, sturdy, weatherproof coop and enclosed run.

(2)

Each fowl shall have a minimum of three square feet of floor space in the coop and shall have at least four square feet of space in addition for a run.

(3)

Up to six female domestic fowl per residence are allowed within Village limits. Roosters are not permitted.

Multiple housing unit residents or single-family tenants must obtain a landlord and/or property owner’s signature of approval on the permit application.

No butchering or breeding of animals or fowl shall be permitted.[1]

[1]

Editor's Note: The current fee schedule is included in the Appendix of this Code. Former § 3-3, dealing with public pounds or animal hospitals, which immediately followed this section, was deleted 6-15-1998 by L.L. No. 3-1998. See now § 109-8.

§ 109-3 Condition of pens and premises.

[Amended 6-15-1998 by L.L. No. 3-1998; 10-15-2012 by L.L. No. 5-2012]

It shall be unlawful for any person keeping or harboring animals, pigeons or fowl to fail to keep the premises where such animals or fowl are kept free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of said premises. It shall be unlawful to allow the premises where animals or fowl are kept to become unclean and a threat to public health by failing to diligently and systematically remove all animal waste from the premises and properly managing and storing the food supply for the animal or fowl.

All coops and runs shall be at least six feet from back and side property lines. No coops shall be allowed in front yards.

All coops and runs shall be kept a minimum of 10 feet from a residence.

All coops and runs shall be kept at least 15 feet from any bordering residence. Exception to decrease minimum clearance may be granted upon written permission from affected bordering resident.

All coops and runs are required to be inspected by Hamburg Village Agricultural Committee prior to initial permit issuance.

All permit applications must be reviewed by the Code Enforcement Department for compliance with the Building Code.

Article II Dogs

§ 109-4 Purpose. [1]

The purpose of this article is to preserve the public peace and good order in the Village of Hamburg 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 deciding and enforcing certain regulations and restrictions on activities of dogs within the village.

[1]

Editor's Note: Former § 3-16, dealing with the applicability of other sections to this article, which immediately preceded this section, was deleted 6-15-1998 by L.L. No. 3-1998.

§ 109-5 Definitions.

As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

Person authorized by the Village Board to enforce the provisions of this article. An animal control officer shall have all the powers of a constable or the peace officer in the execution of the provisions of this article, including the service of a summons and the service of an appearance ticket, pursuant to Section 124 of the Agriculture and Markets Law of the State of New York.

[Amended 3-1-1976 by L.L. No. 4-1976; 6-15-1998 by L.L. No. 3-1998]

AT LARGE

Elsewhere than on the premises of the owner or on the premises of another person without the knowledge, consent and approval of said other person.

DOG

Both male and female dogs, both licensed and unlicensed.

DWELLING UNIT

One or more rooms designated for occupancy by one or more residents which may be lawfully used for cooking, living and sleeping purposes.

[Added 10-19-2020 by L.L. No. 3-2020]

OWNER

Any person, firm, association or corporation owning, harboring, keeping or having the custody or control of any dog.

RESIDENT

Any person or entity occupying, utilizing or sharing a residential dwelling unit in the Village of Hamburg.

[Added 10-19-2020 by L.L. No. 3-2020]

§ 109-6 Control of dogs.

Leash required. No person owning, harboring or having the care, custody or charge of any dog, whether male or female, or whether licensed or not, shall allow or permit such dog at any time to run at large within the Village of Hamburg unless such dog shall be effectively restrained by a chain or leash not exceeding eight feet in length and by a competent person.

Noisy dogs. No owner of a dog or of a duly approved kennel within the Village of Hamburg shall suffer or permit any dog or dogs to create any unreasonably loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individual, and the violation hereof is prohibited and deemed to be a public nuisance and such dog or dogs shall be so housed and confined in a place so constructed as to prevent such disturbing and unnecessary noise as may result from the habitual or continual barking of such dog or dogs. The provisions of this section shall be liberally construed to prevent excessive, unreasonable, disturbing and unnecessary noise, due consideration being given to the circumstances, time of day, particular location of each violation and the demands of the public health, safety and welfare.

No person owning, harboring or having the care, custody or charge of any dog, whether male or female, or whether licensed or not, shall allow or permit such dog at any time to enter into or be or remain in any public park in the Village of Hamburg, whether or not such dog shall be restrained by a chain or leash.

[Amended 8-16-1976 by L.L. No. 19-1976]

Disposal of feces. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:

[Added 7-17-1995 by L.L. No. 2-1995]

(1)

The person who allows the dog to defecate shall immediately remove all feces deposited by such dog.

[Amended 6-15-1998 by L.L. No. 3-1998]

(2)

The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed by flushing same down a sanitary sewer system or by use of a chemical container causing disintegration or by placement in a clear plastic bag at the curb for collection by the municipal sanitation collectors. In the event that a chemical container is used, ultimate disposal must be made in accordance with Department of Environmental Conservation regulations concerning solid waste disposal.

[Amended 6-15-1998 by L.L. No. 3-1998]

§ 109-7 Housing three or more dogs.

[Added 6-15-1998 by L.L. No. 3-1998; amended 10-19-2020 by L.L. No. 3-2020]

No dwelling unit shall keep, house or harbor three or more dogs over six months old within the limits of the Village without a permit from the Board of Trustees.

Such permit may be granted for a period of one year unless it shall appear from the complaints of neighbors or otherwise that the keeping of the animals in question is objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees.[1]

[1]

Editor's Note: The current fee schedule is included in the Appendix of this Code.

§ 109-8 Public pounds or animal hospitals.

[Added 6-15-1998 by L.L. No. 3-1998]

Section 109-7 shall have no application to a public pound established by the village nor to an animal hospital for the treatment, care, observation or temporary boarding of dogs or cats if such hospital shall be operated by a person licensed to practice veterinary medicine under the provisions of the New York State Education Law.

§ 109-9 Seizure and impounding.

[Amended 9-24-1973 by L.L. No. 2-1973]

Any dog running at large within the Village of Hamburg contrary to the provisions of § 109-6A of this article; or which is a dangerous dog, defined and deemed to be any dog which chases, jumps at or onto, snaps at or bites, or has bitten any person; or which chases vehicles of any kind in the streets or public place; or which is an unconfined unspayed female dog in time of heat; or which runs with a pack of dogs; or which is a noisy dog, as defined in § 109-6B, shall be subject to seizure and impounding by the Animal Control Officer, any police officer or by any other person or agency designated by the village or authorized by law to seize and impound such dog, and any such animal control officer, police officer, other person or agency so seizing such dog hereunder shall be empowered to exercise such degree of force as shall be necessary to effect such seizure.

§ 109-10 Notice to owner; redemption of impounded dog.

[Amended 9-24-1973 by L.L. No. 2-1973]

After such seizure and impounding, a resident owner of such dog, if ascertainable from such dog's license tag, shall be notified thereof personally or by affixing a written notice to such owner's last known place of residence. Such dog so seized and impounded shall be held for a period of five days, during which period such dog shall be properly fed and cared for at the expense of the village. During the said five day period the owner of such dog may recover the same during normal business hours by:

Producing a license for such dog and by paying the sum of $15 for the seizure and impounding of such dog; or by paying the sum of $20 for a second recovery of such dog within a period of 30 days from the date of the first impounding; or by paying the sum of $25 for a third recovery of such dog within a period of 60 days from the date of the first impounding.

[Amended 2-3-1975 by L.L. No. 2-1975]

Paying for the actual cost of harboring such dog, per day or part thereof, after seizure and impounding, that such dog is held in custody.

§ 109-11 Disposition of impounded dog.

If any dog is not redeemed as provided in this article, the Animal Control Officer, any police officer or any other person or agency designated by the Village Board for the purpose of seizing such dog may order the destruction of such animal, provided that if said dog is not claimed or redeemed by its lawful owner or his or her duly authorized agent, then the keeper may deliver said dog to a responsible or proper person upon payment of the impounding fee and five days' keep and producing a license for said dog.

§ 109-12 Records kept by dog keeper.

The keeper of the dog pound shall keep a record and description of each animal impounded, the date of receipt of such animal, the date and manner of its disposal and, if redeemed, the name and address of the person by whom redeemed.

§ 109-13 Interference with authorities.

No person shall hinder, resist or oppose the Animal Control Officer, any police officer, agent or employee or representative of the village in the performance of his or her duties under this article.

§ 109-14 Penalties for offenses.

[Amended 7-17-1995 by L.L. No. 2-1995; 6-15-1998 by L.L. No. 3-1998]

Unless otherwise provided by Article 7 of the Agriculture and Markets Law, any person who violates or fails or refuses to comply with this article shall be liable to pay a fine not exceeding $250 or be sentenced to imprisonment for a term of not more than 15 days, or both, upon conviction before any Village Justice.

§ 109-15 Enforcement.

[Added 7-17-1995 by L.L. No. 2-1995]

The provisions of this article shall be enforced by the Police Department.

§ 109-16 Trial procedure.

[Amended 3-1-1976 by L.L. No. 4-1976]

The owner of a dog who is issued an appearance ticket pursuant to § 109-5 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violations as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.

If the person charged with the violation admits to the violation as charged in the appearance ticket, the person may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of penalties and fines for violations of this article, and a certified check or money order in the amount of the penalty for the violation charged shall be submitted with such answer.

If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he or she may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket, together with a certified check or money order in the amount of $15 to the office of the court specified on such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and or trial, 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. The person charged with a violation hereunder, should he or she request a trial as provided herein, shall pay for the care of the dog while impounded.

In the event that there is a violation of this article based upon an information and not an appearance ticket, and the owner of the dog denies the violation, the owner shall post bail of $25, pay for the care of the dog while impounded and demand, in writing, a trial. The Animal Control Officer or other law enforcement officer shall immediately proceed to file an information with the Village Justice so that the matter will appear on the docket of the Village Justice as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.