[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.
[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.
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:
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.
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.
Male and female, licensed and unlicensed, members of the species
Canis familiaris.
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.
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.
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
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]
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:
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.
