[Adopted 11-1-1999 by L.L. No. 17-1999]
The Board of Trustees hereby finds and determines that the regulation and control of dangerous dogs in the Village of Port Chester affects the public health, safety and welfare of all Village residents. Experience has demonstrated that most dogs are suitable pets and bring enjoyment and pleasure to their owners. However, without proper regulation, dogs may place the public at unnecessary risk. Recent attacks by these dogs have caused or threatened to cause severe injury and death to persons and property in the Village. Existing local law does not address this intolerable situation, thereby prompting the Board to take the necessary action. This article is not intended to supersede but shall be supplementary to the provisions contained in Article 7 of the New York State Agriculture and Markets Law.
As used in this article, the following terms
shall have the meanings indicated:
Any dog which:
When unprovoked, approaches a person in a vicious
or terrorizing manner in an apparent attitude of attack upon the public
streets, sidewalks or any public grounds or places; or
With a known propensity, tendency or disposition
of attack unprovoked, causes injury or otherwise endangers the safety
of persons or domestic animals; or
Bites, inflicts injury, assaults or otherwise
attacks or endangers a person or domestic animal or household pet
without provocation on public or private property; or
Is owned or harbored primarily or in part for
the purpose of dog fighting, or attacking a person or domestic animal
upon command.
No dog shall be found dangerous if any injury
or damage is sustained by a person who, at the time such injury or
damage was sustained, was committing a willful trespass or other tortious
act upon the premises occupied by the owner of the dog, or the person
was teasing, tormenting, abusing or assaulting the dog, or was committing
or attempting to commit a crime.
No dog shall be found dangerous if it is being
used by the Police Department or other law enforcement officials.
Taken into custody of the public pound or shelter used by
the Village of Port Chester for administration and enforcement under
the Agriculture and Markets Law.
Any person or legal entity having a possessory property right
in a dangerous dog or who keeps, harbors, cares for or exercises control
over a dangerous dog, or knowingly permits a dangerous dog to remain
on premises occupied by him or her.
A fence of at least six feet in height or other structure,
such as a pen, forming or causing an enclosed area suitable to prevent
the entry of young children or any part of their person and suitable
to confine dangerous dogs, in conjunction with other measures such
as the tethering of the dangerous dog. Such other structures shall
be securely enclosed and locked and designed with secure sides, top
and bottom and shall be designed to prevent such dog from escaping
therefrom. If the pen or other such structure has no bottom secured
to the sides, the sides shall be embedded into the ground no less
than one foot.
A dog control officer, peace officer, when acting pursuant to his or her special duties, or police officer who shall have cause to believe that a dog is a dangerous dog within the meaning of this article shall issue an appearance ticket to the owner as authorized by Article 7 of the New York State Agriculture and Markets Law and may immediately demand possession of the dog be forthwith relinquished and who shall cause said dog to be impounded until a hearing may be held and a finding by the Justice Court as to the dangerousness of said dog. All interested persons shall have the right to present evidence at the hearing on the issue of the dog's dangerousness. The Court may consult with a veterinarian as to same.
A.Â
It is within the Court's discretion to either order
the dog be immediately destroyed pursuant to New York State Agriculture
and Markets Law § 121 or, after a finding that the dog is
a dangerous dog herein, to authorize the return of the dog to the
owner upon satisfaction of the following conditions within five days
of the Court's finding or the dog shall be deemed forfeited and deemed
property of the Village of Port Chester:
(1)Â
Secure general liability insurance in the amount of
$250,000 for any injury which the dog may cause, naming the Village
of Port Chester as an additional insured. It shall be the duty of
said dog owner to maintain such insurance policy in force so long
as the dog shall be present in the Village.
(2)Â
Obtain a leash, muzzle and collar for the dog. Such
leash shall have a maximum length of four feet, and both leash and
collar shall have a minimum tensile strength of 300 pounds. It shall
be unlawful at all times thereafter to allow said dog to leave the
owner's or keeper's home or a secure enclosure as defined herein unless
said dog is muzzled, collared and tethered and under the control of
a person at least 18 years of age. It is the intention of this subsection
to control over any less restrictive provisions of this chapter.
(3)Â
Cause a notice to be posted where the dog is kept
warning that there is a dangerous dog on the premises, which shall
be visible and capable of being read from the public sidewalk or street.
(4)Â
Have the dog sterilized.
(5)Â
Register such dog with the Village Clerk. The application
for such registration shall include the name and address of the owner,
the breed, age, sex, color and any other identifying marks of the
dog, the keeper, if any, and the location where the dog is to be kept
if not at the address of the owner and any other information which
the Court may require. The application for registration pursuant to
this section shall be accompanied by a fee of $50. Each dog registered
pursuant hereto shall be assigned an official registration number
by the Village Clerk. The registration number will be inscribed on
a metal tag which shall be attached to the dog's collar at all times.
The certificate of registration shall be of such form and design and
shall contain such information as the Village Clerk may prescribe
and shall be issued upon payment of the registration fee and presentation
of sufficient evidence that the owner has complied with the order
of the Court as prescribed at the hearing. Such registration must
be renewed on an annual basis.
(6)Â
Pay all seizure and boarding fees for the dog during
the impoundment.
B.Â
The dog shall not be returned to any person under
the age of 18.
C.Â
If there is probable cause to believe that a dangerous
dog is being possessed in violation of the aforesaid conditions, the
Justice Court shall immediately be notified for possible contempt
proceedings against the owner.
If any dangerous dog causes injury to a person
or domestic animal or damage to property while out of or within the
enclosure of the owner of said dog or while off the property of the
owner, whether or not the dangerous dog was on a leash and securely
muzzled or whether the dangerous dog escaped without the fault of
the owner, the owner shall be liable to the person aggrieved by the
injury for all damages sustained, to be recovered in a civil action.
The owner shall notify the dog control officer
within 12 hours if a dangerous dog is loose, unconfined or has attacked
a person or a domestic animal, or has left the Village or has died.
No person shall possess with intent to sell,
offer for sale, give, breed, buy or receive as a gift within the Village
any dangerous dog.
A.Â
Any person violating the provisions of this article
shall be punished by a fine of $250 or 15 days in jail, or both. Each
separate offense shall constitute an additional violation.
B.Â
Any dangerous dog which is being possessed in violation
of the conditions imposed by the Court or which attacks a person or
a domestic animal may be ordered destroyed.
C.Â
Any person found guilty for a violation of this article
shall pay all expenses incurred by the Village for the prosecution
thereunder.
