As used in this article, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following terms shall have the following meanings:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Any member of the species Canis familiaris.
Any individual appointed by the village to assist in the
enforcement of this article or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the village to assist in the enforcement
of this article.
Any person who is an owner of a licensed dog or any person
who keeps, feeds or harbors a dog. The owner need not be a resident
of the Village of Pleasantville, but for a violation to occur, the
dog must be in the village limits.
Any individual, two or more individuals living in the same
household, a firm, trust, partnership, association or corporation
or its own capacity or an administrator, executor, trustee, receiver
or other representative capacity appointed by a court. "Person" shall
mean any adult or infant (and in the case of a minor, his or her parent
or guardian).
The purpose of this article shall be to promote
the health, safety and general welfare of the Village of Pleasantville,
including the protection and preservation of the property of the Village
of Pleasantville and its inhabitants and of the peace and good order
by adopting and enforcing certain regulations and restrictions on
the privileges of the owners of dogs by imposing restrictions upon
the keeping and running at large of dogs within the village limits.
The owner of every dog which is at any time
kept, brought or comes into the Village of Pleasantville will be held
responsible for the observance of this article at all times.
The owner of every female dog shall confine
such dog in or on the premises of the owner during every period in
which said female dog is in heat.
Dogs off the premises of the owner are to be
controlled as follows:
A.
No dog shall be on private property without the consent
of the owner or person in control of such property.
B.
No dog shall be off the premises of its owner or person
harboring such dog unless it is on a leash of no more than eight feet
in length (hereinafter "leashed").
C.
No dog shall be in any park or playground.
A.
Conduct of dogs.
(1)
It shall be unlawful for a dog to:
(a)
Engage in loud howling or barking or to conduct
itself in such a manner so as to unreasonably annoy any person other
than the owner or person harboring such dog.
(b)
Dump garbage and other receptacles.
(c)
Deposit fecal matter or urinate upon the property
of any person, firm or corporation except on roadways adjacent to
a curbside.
(d)
Fight with other dogs or injure another animal.
(e)
Tear, dig or otherwise destroy or damage the
property of any person, firm or corporation.
(f)
Chase or otherwise harass any person in such
a manner as reasonably to cause intimidation or to put such person
in reasonable apprehension of bodily harm or injury.
(g)
Chase or bark at motor vehicles, bicycles or
moving vehicles.
(h)
Attack, bite, molest, maul or harass without
provocation any person who is in any place where they may lawfully
be.
(2)
A violation of any of the provisions of this subsection
shall constitute a separate offense.
B.
No owner shall permit the premises, structures or
enclosures in which a dog is kept to be so unclean or unsanitary as
to create a public nuisance.
C.
No owner shall treat its dogs cruelly or inhumanely.
A.
Any dog running at large in violation of the provisions
of this article may be picked up or captured by a Dog Control Officer,
police officer or by any other person or agency duly designated by
the Village of Pleasantville to perform such service. Any such Dog
Control Officer, police officer or other authorized person or agency
may use such force necessary to pick up or capture such dog without
intentionally injuring or harming the dog.
B.
Any dog at large which does not display any current
dog license or other means of identification or which fails to exhibit
any evidence of having had administered to it a rabies vaccination
may be summarily impounded.
C.
It shall be the duty of any person who owns, harbors
or has the custody of any dog to immediately remove any feces left
by such dog on any sidewalk, driveway, gutter, street, public park,
playground or other public place or on school property or on private
property without the consent of the owner of such property; provided,
however, that this provision shall not be applicable to a blind person
while actually using a guide dog licensed as such pursuant to the
Agriculture and Markets Law.
[Added 10-12-1993 by L.L. No. 19-1993]
A.
Every dog seized shall be properly fed and humanely
treated.
B.
If the dog seized bears a license tag, the police officer or Dog Control Officer or a representative of an organization or person under contract with the village shall ascertain the owner of the dog and shall give, immediately, telephone notice, if possible, to such owner and personally serve such owner or an adult member of the family with written notice which shall state that the dog has been seized and may be destroyed unless redeemed as provided in § 61-14 of this article.
A.
The owner of a dog seized and impounded as provided in §§ 61-12 and 61-13 of this article may redeem said dog within 12 days by paying the designated representative of the village a fee, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, as the cost of redemption, plus paying the cost of boarding such dog, to be paid at the place of impounding.
[Amended 5-23-1994 by L.L. No. 12-1994]
B.
If an impounded dog is not redeemed within 12 days,
the owner thereof shall forfeit all title to the dog, and the dog
may be sold, given to an agency which trains Seeing Eye dogs, given
to a Police Department which trains dogs as guards, placed for adoption
or be disposed of in a humane manner in accordance with the law of
the State of New York; provided, however, that if such dog is still
in custody of a representative of the village after expiration of
the time period described herein, such owner may redeem such dog upon
paying the sum herein provided.[1]
[1]
Editor's Note: Former § 54.30, Penalties,
which immediately followed this section, was deleted 4-28-1997 by
L.L. No. 4-1997.
The owner, harborer or possessor of any dog
picked up, impounded or disposed of or destroyed under the provisions
of this article shall not be entitled to any compensation.
A.
Upon conviction for a dog's act resulting in injury or reasonable apprehension of bodily harm or injury, the offending dog may by order of the Village Justice be confined to the premises of its owner. If the owner of said dog fails to comply with the confinement order, the Village Justice may then order said dog destroyed in a humane manner, in accordance with the laws of the State of New York, or disposed of in accordance with § 61-14B.
B.
The provisions of this section are in addition to
and not in limitation of the provisions of the Agriculture and Markets
Law concerning dangerous dogs.
Any person who observes a dog in violation of the provisions of § 61-11 of this article may file a signed complaint, under oath, with the Village Justice of the Village of Pleasantville specifying the violation, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
The Police Department of the Village of Pleasantville
or a representative of an organization or person under contract with
the village shall enforce the provisions of this article and shall
be authorized to draw any information and obtain supporting affidavits
pursuant to the Criminal Procedure Law for submission to the Village
Justice Court as required for the enforcement of this article and
the provisions of Article 7 of the Agriculture and Markets Law.
In each case where an officer of the Police
Department or a representative of an organization or person designated
by the Village Board of Trustees as a Dog Control Officer believes
a violation of any provision of this article has been committed, he
or she may issue an appearance ticket pursuant to the Criminal Procedure
Law for such alleged violation.
No person shall interfere with the capture or
conveying to the pound or the impounding of any dog directed to be
impounded hereby, and no person shall rescue any such dog from the
pound.
Except as provided in Chapter 185, Zoning, no person shall keep more than four dogs of licensing age, as defined by the New York Agriculture and Markets Law, within the village limits of the Village of Pleasantville.
