[HISTORY: Adopted by the Board of Trustees
of the Village of Mount Kisco as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — see Ch. A112.
[Adopted 11-7-1988 by L.L. No. 6-1988[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, General Regulations, adopted 12-1-1975 by L.L. No.
10-1975, as amended.
As used in this article, the following words
and terms shall have the following meanings:
Any dog:
Which, when unprovoked, approaches any person
upon the streets, sidewalks or on any public grounds or places in
a vicious or terrorizing manner or in any apparent attitude of attack;
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
Notwithstanding the foregoing, except pursuant
to Subsection A(4) above, no dog may be considered to be a "dangerous
dog" by reason of:
Any injury or damage sustained by a person when
such person was teasing, tormenting, abusing or assaulting the dog
or was committing or attempting to commit a crime;
Any injury or damage sustained by a domestic
animal which, at the time such injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog; or
Any injury or damage caused by the dog in protecting
or defending a human being within the immediate vicinity of the dog
from an unjustified attack or assault.
Any animal of the species Canis familiaris.
Any animal of a species commonly used or known as a "household
pet," including dogs, cats, birds, fish and the like.
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits an animal to remain on premises occupied
by him.
An animal that is individually trained to do work or perform
tasks for a person with a disability. As per Title II and Title III
of The Americans with Disabilities Act, government entities must permit
service animals to accompany people with disabilities in all areas
where members of the public are allowed to go.
[Added 3-17-2014 by L.L. No. 1-2014]
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is not
a bottom, with sides which extend at least one foot underground and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children.
A.
No person shall permit, keep, maintain or allow any
sheep, horse, goat, skunk, pig, fox or other animal, except a domestic
animal, in any building or on any property within the Village of Mount
Kisco.
B.
No live animal, except a service animal, shall be permitted in any
establishment where food or food products are prepared and sold or
kept for sale or resale.
[Amended 3-17-2014 by L.L. No. 1-2014]
No owner shall suffer, permit or allow any dog
to run at large on any of the streets or public places of the Village
of Mount Kisco or upon the premises of anyone other than the owner,
unless the owner or occupant of such premises grants permission, and
no dog shall be permitted in any public place or street within the
Village unless it is effectively restrained by a chain or leash not
exceeding six feet in length and unless it is attended by a person
of adequate age and discretion to properly control its actions.
No person shall suffer, permit or allow any
dangerous dog to remain unconfined on property within the Village
of Mount Kisco or to go beyond the boundaries of such property unless
such dog is securely muzzled and restrained with a chain having a
minimum tensile strength of 300 pounds and not exceeding three feet
in length and is under direct control and supervision of the owner
of the dog. The owner or keeper of a dangerous dog shall post conspicuous
notices on the perimeter of the property where such dog is kept to
warn persons of the nature of the dog confined therein.
No person shall permit, keep, maintain or allow
any vicious dog in any building or on any property within the Village
of Mount Kisco, nor breed, attempt to breed, buy or attempt to buy
any vicious dog.
A.
No owner of any animal shall permit such animal continuously
or frequently to bark, howl or emit other audible sounds which shall
unreasonably disturb the comfort, peace or repose of any person in
the vicinity.
B.
The owner of any animal shall take all reasonable
measures to keep such animal from becoming a nuisance. For the purpose
of this section, "nuisance" means any animal which:
(1)
Molests or interferes with persons in the public right-of-way;
(2)
Damages public or private property by its activities
or with its excrement;
(3)
Scatters refuse that is bagged or otherwise contained;
or
(4)
Causes any condition which threatens or endangers
the health or well-being of persons or other animals.
[Amended 8-24-1992 by L.L. No. 9-1992]
A.
Any person committing an offense against any provision of this article shall be punishable as provided in § 1-17B of this Code.
B.
Any police officer, Animal Control Officer or Code
Enforcement Officer of the Village of Mount Kisco is authorized to
issue an appearance ticket or uniform appearance ticket for the violation
of any provision of this article.
C.
Any animal which is observed running at large in violation
of the provisions of this article may be picked up or captured by
a Dog Warden, Animal Control Officer, police officer or by any other
person or agency duly designated by the Village of Mount Kisco to
perform such service. Any such Dog Warden, Animal Control Officer,
police officer or other authorized person or agency who picks up or
captures such animal shall be empowered to exercise such degree of
force as shall be necessary to effect such pickup or capture without
intentionally injuring or harming the animal.
D.
When the animal seized is a dog, it shall be held,
cared for and disposed of in a manner consistent with § 118
of the Agriculture and Markets Law of the State of New York.
E.
Every reasonable effort will be made by the Village
of Mount Kisco to locate and notify the owner of the pickup or capture
of his or her animal. Upon such location and notification to the owner,
the Village will return the animal to its owner within a prompt and
reasonable period of time, provided that such return of the animal
is not contrary to the provisions of this article. The Village may
require reasonable proof of ownership. The fact that the animal returns
to such person shall be deemed proof of ownership, unless such animal
has a valid license tag pursuant to the provisions of the Agriculture
and Markets Law of the State of New York, in which case such tagging
shall be deemed proof of such ownership. The owner shall be subject
to the penalties provided in this article.
A.
The Village of Mount Kisco;
B.
An officer of any duly authorized police agency of
the State of New York or any political subdivision thereof who is
acting within the scope of his official duties; and
C.
Any veterinarian duly licensed to practice in the
State of New York, who maintains a practice in the Village of Mount
Kisco, and is keeping such animal within his business premises for
the purpose of treatment or to humanely euthanize it.
[Amended 3-17-2014 by L.L. No. 1-2014]
A.
In accordance with the provisions of § 110 of the Agriculture and Markets Law, the owner of any dog requiring a license pursuant to law shall pay to the Village/Town of Mount Kisco, at the time of the issuance of such license, in addition to any licensing fee required by the State of New York, an additional fee, the amount of which is provided in Chapter A112, Fees.
C.
Where no licensing is required by the State of New York, the fee required in Subsection A shall be waived.
D.
Any dog found running at large in violation of this article may be
seized by any Animal Control Officer, peace officer, or other designated
representative of the Commissioner of Agriculture and Markets of the
State of New York, exercising such degree of force as shall be necessary
to effect such seizure without intentionally injuring or harming such
dog, and shall be impounded and disposed of in accordance with the
provisions of Article 7 or other applicable provisions of the Agriculture
and Markets Law.
E.
After any such seizure, the record owner of such dog or an adult
member of the family, if the owner is ascertainable from the dog's
license tag, shall be notified.
F.
The owner of any dog impounded by the Village/Town of Mount Kisco
shall be entitled to redeem that dog within five business days, excluding
the day the dog is impounded, from the day the dogs is impounded,
provided that the owner produces proof the dog is licensed and identified,
and shall pay a fee set forth in a fee schedule approved by the Village
Board of Trustees.
G.
No action shall be maintained against the Village of Mount Kisco,
any duly designated Animal Control Officer, or any other agent or
officer of the Village to recover the possession or value of any dog
or for damages for injury or compensation for the destruction of any
dog seized or destroyed pursuant to the provisions of this article.
[Adopted 10-2-1984 by L.L. No. 6-1984]
This Article is enacted to enhance the beauty
and cleanliness of the streets, sidewalks, parks and other public
property of the Village/Town of Mount Kisco by enforcing certain regulations
and restrictions on the activities of animals.
Except as provided and regulated by § 55-3 hereof, no person owning, harboring, keeping, walking or having the custody or control of a dog shall cause, permit, 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 other public property. These restrictions shall likewise apply to any private property unless such person shall have the express written permission of the owner of said property.
The prohibition set forth in § 55-11 above shall not apply to those portions of a street lying between curblines, which such portions may be utilized to curb a dog, subject however to the following conditions:
A.
Any person who so curbs a dog shall immediately remove
all feces deposited by such dog in the following manner: feces shall
be picked up with a scoop, shovel, broom, tong or other similar implement
and be deposited immediately thereafter in a container, plastic or
otherwise, and then subsequently deposited in a container used for
the disposal of refuse.
B.
In no event shall any feces be deposited in sewers
or drains, whether storm or sanitary.
[Amended 8-24-1992 by L.L. No. 9-1992]
Any person committing an offense against any provision of this article shall be punishable as provided in § 1-17C of this Code.
Any police officer or dog control officer of
the Village/Town of Mount Kisco is hereby authorized and empowered
to enforce this article. In addition thereto, the Village Manager
shall have the power to designate such other persons as he deems necessary
in his discretion to enforce this article.
Any prior ordinance, law, rule or regulation
inconsistent herewith is hereby repealed.
This article shall take effect immediately upon
filing in the office of the Secretary of State.
