Village of Owego, NY
Tioga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Owego: Art. I, 12-1-1969 as Ch. 4, Art. I, of the 1969 Code of Ordinances; Art. II, 6-7-1993 by L.L. No. 2-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 150.
[Adopted 12-1-1969 as Ch. 4, Art. I, of the 1969 Code of Ordinances]
No person shall cause, permit or allow any animals or fowl to run at large or be at large within the village.
Any person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-7-1993 by L.L. No. 2-1993]
The Village Board of the Village of Owego finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the village. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the village.
This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The title of this article shall be the "Dog Control Law of the Village of Owego."
As used in this article, the following words shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article and as amended thereafter.
CONFINED
That such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel 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 or any adjacent premises or on any public street, way or place; or, if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom.
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York.
OWNER
The party purchasing the license unless the dog is or has been lost and such loss reported to the Dog Control Officer and a reasonable search has been made. If an animal is not licensed, the term owner shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any animal which is kept, brought or comes within the village.
RECREATIONAL AREAS
Any real property owned by the Village of Owego which is used for recreational purposes by the public, including but not limited to parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
VILLAGE
The area within the corporate limits of the Village of Owego.
A. 
It shall be unlawful for any owner of any dog in the Village of Owego to permit or allow such dog to:
(1) 
Run at large unless the dog is restrained by an adequate leash. For the purpose of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by their owner, and any dog or dogs engaged in assisting their owner in agricultural activities within the sight and hearing of the owner, his family or employees shall be considered as accompanied by their owner.
[Amended 1-6-2003 by L.L. No. 1-2003]
(2) 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
(4) 
Chase, jump upon or at 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.
(5) 
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
(6) 
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner.
(7) 
If a female dog, be off of the owner's premises when in heat.
B. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
[Amended 12-19-1994 by L.L. No. 5-1994]
This article shall be enforced by a Dog Control Officer as defined herein or by the Village of Owego Police Department.
A. 
Only a dog found running at large in violation of this article or of § 118 of the Agriculture and Markets Law may be seized by the Dog Control Officer as defined herein or other authorized individual exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog; and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.
[Amended 4-21-1997 by L.L. No. 1-1997]
B. 
After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified personally by serving such owner or adult with a notice, in writing, stating that the dog has been seized and may be destroyed unless redeemed.
C. 
A dog owner may redeem his dog from the pound upon payment of cash in an amount set forth from time to time by resolution of the Board of Trustees. Such sum shall cover the cost of keeping, feeding and caring for the dog.[1]
[Amended 12-19-1994 by L.L. No. 5-1994; 4-21-1997 by L.L. No. 1-1997]
[1]
Editor's Note: The current fee schedule is located in Ch. A199, Fees.
D. 
No action shall be maintained against the Village of Owego, any duly designated Dog 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.
E. 
Each dog seized in accordance with this article shall be properly sheltered, fed and watered for the redemption period.
[Amended 12-19-1994 by L.L. No. 5-1994]
A. 
Any person who observes a dog in violation of this article may file a complaint under oath with an enforcement agency for subsequent filing with the Owego Village Justice specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog.
B. 
Upon receipt by the Owego Village Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Owego Village Justice decides that further action is warranted, he may order:
(1) 
The owner to restrain such dog by collar and leash at all times whether on or off the owner's property.
(2) 
The owner to confine such dog to the premises of the owner.
(3) 
Such other remedy authorized by law as may be warranted by the circumstances in such case.
C. 
A violation of any order issued by an Owego Village Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 82-11 of this article.
Except as provided in § 119 of the Agriculture and Markets Law, any person violating any of the provisions of this article, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).