[Adopted 5-23-1977 as Ch. 30, Art. I, of the 1977 Code]
As used in this article, the following terms shall have the meanings indicated:
OWNER or PERSON HARBORING ANY DOG
Any person who owns or harbors a dog for a period of one week.
RUN AT LARGE
A dog shall be deemed to be "running at large" if it is elsewhere than on the premises of the owner while not in the control of the owner or the owner's agent and without the knowledge, consent or approval of the owner of such lands.
[Added 8-26-1996 by L.L. No. 3-1996]
It shall be unlawful for the owner of any dog or for any person harboring any dog in Cuba Village to permit or allow such dog to:
A. 
Run at large in any place in Cuba Village. Every dog outside the property limits of the owner shall be restrained by an adequate collar and leash no longer than eight feet in length and be accompanied by its owner or responsible person able to control the animal. For the purposes of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
[Amended 8-26-1996 by L.L. No. 3-1996]
B. 
Engage in habitual loud howling or barking or to conduct itself in such a manner so as to habitually annoy any person other than the owner or person harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. 
Chase or otherwise harass in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner in violation of this article may file a signed complaint, under oath, with the Town Justice of the Town of Cuba specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and the residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Village Justice of any complaint against the conduct of any particular dog, the Justice may summon the alleged owner or other person harboring said dog to appear in person before him/her; if the summons is disregarded, the Justice may permit the filing of information and issue a warrant for the arrest of such person.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No. 3-1996]
All local police officers of the Village or Town of Cuba and/or the Town Dog Control Officer shall be authorized to enforce the appropriate provisions of this article as well as the Agriculture and Markets Law of the State of New York with respect to dogs in Cuba Village. Such local police officers and/or the Town Dog Control Officer shall have the authority to seize any dog which is found to be in violation of any portion of this article as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Market Law of the State of New York in pursuance of and in conformance with Article 7 of the Agriculture and Markets Law of the State of New York.
Every dog seized shall be cared for and disposed of as follows:
A. 
Every dog seized shall be properly sheltered, fed and watered until disposition thereof is made as herein provided. The redemption of a seized dog shall be in conformance with and pursuant to the provisions of the Agriculture and Markets Law of the State of New York, both as to licensed and unlicensed dogs.
[Amended 6-9-1997 by L.L. No. 2-1997]
B. 
In the event that a dog is identified after seizure by its license or otherwise, the police officer and/or Town Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice, personally serving such owner or an adult member of his/her family with a notice, in writing, stating that the dog has been seized and that the dog will be destroyed unless redeemed within the period herein provided.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No. 3-1996]
C. 
Any dog so impounded shall be confined for a period of five days if unlicensed or seven days if licensed and may be redeemed by the owner or harborer thereof upon payment of the actual cost to maintain the dog during the impoundment period not to exceed a fee as set forth from time to time by resolution of the Board of Trustees,[1] and if the dog is unlicensed, presenting proof the dog has been licensed.
[Amended 5-23-1977 by L.L. No. 18-1977; 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No. 3-1996]
[1]
Editor's Note: The current fees resolution is on file in the office of the Village Clerk.
D. 
If any dog so seized is not redeemed within the time hereinbefore set forth, the owner shall forfeit all title to the dog and the dog shall be made available for adoption or euthanized, provided that no such dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of this article prior to its release from the custody of Cuba Village.
[Amended 3-12-1979 by L.L. No. 1-1979]
E. 
The Village Clerk and/or the Town Dog Control Officer is hereby authorized to dispose of any dog seized after the expiration of the redemption period pursuant to § 118 of the Agriculture and Markets Law of the State of New York. The Village Clerk shall keep a record of all dispositions of unclaimed dogs, which such record shall be a public record open to inspection during office hours by interested parties. Any peace officer or dog control officer destroying a dog seized within Cuba Village shall make a written report of such destruction and disposition and file such written report with the Village Clerk. The Village Clerk shall keep a record of such written reports, and such reports shall be a public record open to inspection during office hours by interested parties.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No. 3-1996]
[Amended 5-23-1977 by L.L. No. 18-1977; 3-12-1979 by L.L. No. 1-1979]
Any person who violates this article or knowingly permits violation of this article or any of the provisions thereof shall be deemed to have committed an offense against this article, and any person convicted of any such violation after investigation and hearing shall be subject to the fines as prescribed in Subdivision 2 of § 119 of the Agriculture and Markets Law of the State of New York prosecuted civilly/criminally as therein designated.