[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-1965 as Sections 8 and 9 of the
1965 Book of Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
Any and all premises consisting of less than five acres.
[Amended 10-3-1994 by L.L. No. 1-1994]
All customary farm animals, including but not limited to cows, goats,
sheep, horses, ponies, chickens and ducks, on nonfarm premises within the
Village of Newark Valley must be confined within a suitable fenced area.
[Amended 10-3-1994 by L.L. No. 1-1994]
No other customary farm animal or animals will be permitted to be housed
on nonfarm premises within the Village limits unless written permission from
all residents owning property within 500 feet on all sides of the subject
animal quarters is filed with the Village Clerk-Treasurer, after
which approval must be obtained from the Code Enforcement Officer that all
conditions, including housing, are to his satisfaction. The farm animal or
animals will be tethered or fenced when pastured in the limits of the Village.
Housing must be a minimum of 50 feet from adjoining properties. If the housing
of farm or domestic animals within the Village limits becomes objectionable
due to noise, odor or the attraction of vermin or insects, the animal or animals
will be removed from the Village limits within five days after two or more
written complaints objecting to the housing of said animal or animals are
received and acted upon by the Village Board and it has been decided that
the complaints are valid.
[Amended 1-9-1995 by L.L. No. 1-1995]
Any person, firm or corporation violating any of the provisions of this
article shall be liable to a penalty not exceeding $250 or imprisonment for
not more than 15 days, or both, for each violation.
[Adopted 11-28-1994 by L.L. No. 5-1994[1]]
[1]
Editor's Note: This local law superseded former Art. II, Dogs, adopted
9-3-1975 by L.L. No. 1-1975.
It is declared to be the policy of the Village of Newark Valley to protect
the health, safety and general welfare of the inhabitants of the Village by
regulating the keeping and running at large of dogs, whether licensed or unlicensed,
so as to afford consistent protection with the rights and privileges of owners
of dogs as well as the rights and privileges of other citizens in the Village.
In order that dog regulation may be practiced in accordance with this policy,
these regulations, which shall be known as, and which may be cited as, the
"Dog Regulations of the Village of Newark Valley, New York," have been adopted
as local law.
For the purpose of this article, certain words and terms used herein
are defined as follows:
Any person harboring, keeping or otherwise having custody of said
dog.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that any dog
alleged to be in violation of this article shall be owned by anyone under
18 years of age who resides with his parents or guardian, the owner shall
be deemed to be the parent or guardian of such person (or head of the household
in which said person resides).
Any dog shall be deemed running at large unless under the control
of his owner or custodian, or unless tied or restrained by a chain, strap
or cord attached to its collar and actually held by a person or tied or restrained
in an automobile or other vehicle, or unless said dog is staked or otherwise
fastened.
The Village of Newark Valley.
It shall be unlawful for any owner or custodian of any dog in the Village
of Newark Valley to permit or allow such dog to:
A.
Run or remain at large on any public street, road, alley,
park, square or other public place or upon any private property other than
property of the owner or custodian of such dog without the consent of the
owner of such property within the corporate limits of the Village, but outside
any agricultural areas.
B.
Run at large whenever such dog shows any signs of rabies
or of any other contagious disease or has been bitten, wounded by or exposed
to any other animal having or suspected of having rabies or any other contagious
disease.
C.
Engage in habitual loud howling, barking or yelping,
other than those dogs engaged in domestic herding, so as to disturb or annoy
any person other than the owner or custodian of such dog.
D.
Cause damage or destruction to the property of someone
other than the owner of such dog or other animal by any means whatsoever or
to defecate or urinate upon the premises of a person other than the owner
or custodian of such dog or other animal.
[Amended 10-11-1999 by L.L. No. 6-1999]
(1)
Any person walking or leading an animal, including but not limited
to a dog or horse, must have adequate means of cleaning up the defecation
of such animal and must do so promptly, whether such defecation is on the
sidewalk, roadway, or lawn of public property or the other person's property.
E.
Chase or otherwise harass any person in such a manner
as to reasonably cause intimidation or to put such person in reasonable apprehension
of bodily harm.
F.
Habitually chase or bark at any vehicles.
It shall be unlawful for any owner or custodian of any female dog to
permit such dog to run at large when in heat, and such dog shall be confined
to the premises of the owner or custodian during such time.
Any owner or custodian of a dog which displays any signs of rabies or
has been bitten, wounded by or exposed to another animal having or suspected
of having rabies shall promptly notify the Village of Newark Valley Animal
Control Officer of the facts and shall comply promptly and strictly with any
directions given by such Officer with reference to the observation of such
animal by a veterinarian or the confinement, immunization or other disposition
to be made of such animal under the provisions of Regulation 10 of Chapter
II of the State Sanitary Code of the State of New York.
It shall be unlawful for any person in the Village to torture, torment,
poison, deprive of necessary sustenance, unnecessarily or cruelly beat or
otherwise abuse or inadequately care for a dog. No person shall needlessly
kill a dog unless authorized by law. This section shall not apply to any persons
deemed acting in defense of self or another person or animal.
The Animal Control Officer appointed by the Newark Valley Village Board
of Trustees, the Sheriff and his deputies or any other peace officer acting
pursuant to his special duties shall enforce the provisions of this article
and shall also investigate and report to a Town Justice of the Town of Newark
Valley any dangerous dog as described in the Agriculture and Markets Law and
shall see that the orders of the Town Justice, in such case, are carried out.
Any person who observes a dog which is a public nuisance or observes
the abuse of a dog may file a written complaint with the Animal Control Officer.
The Animal Control Officer, having reasonable cause to believe a violation
of this regulation has been committed, shall issue an appearance ticket for
such violation. The appearance ticket shall be in a form as established by
resolution in accordance with the provisions of Article 7 of the Agriculture
and Markets Law of the State of New York.
Upon the filing with a Town Justice of any information alleging the
prohibited conduct of any particular dog, the Town Justice shall either summon
the alleged owner or custodian of said dog to appear before him or shall issue
a warrant for the arrest of such owner or custodian. If the summons is disregarded,
the Town Justice shall issue a warrant for the arrest of such owner or custodian.
Except as otherwise provided in the Agriculture and Markets Law of the
State of New York, any person convicted of a violation of this article shall
be subject to a fine of not more than $250, imprisonment for not more than
15 days, or both such fine and imprisonment.
All fees, including but not limited to licensing, impoundment, the keeping
of dogs, redemption fees and the surrender of dogs, shall be imposed according
to the Town of Newark Valley laws and/or the provisions of the Agriculture
and Markets Law of the State of New York.
