[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1983 by L.L. No. 2-1983 (Ch. 56 of the 1987 Code)]
This article shall be known as the "Dog Control Law of the Village of Liverpool."
As used in this article, the following terms shall have the meanings indicated:
- DOG CONTROL OFFICER
- The person or persons appointed by the Village Board to the position of Dog Control Officer. A Dog Control Officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this article or Article 7 of the Agriculture and Markets Law of the State of New York. These powers shall include service of any process, the service of an appearance ticket and the service of any other order or process as provided under Article 7 of the Agriculture and Markets Law or this article.
- Any person who is the licensed owner or last licensed owner of a dog or any person who harbors a dog for more than one week. If the owner of a dog is under the age of 18 years, the "owner" of the dog shall be deemed the parent or guardian for the purpose of this article.
This article shall apply to all dogs harbored within the Village of Liverpool, whether or not tagged or licensed.
It shall be a violation of this article to permit or allow any dog in the Village of Liverpool to:
Be at large off the owner's premises except when such dog is restrained by a leash not exceeding six feet in length.
Permit any dog in heat to be at large off the owner's premises, whether or not such dog is at large or restrained by a leash.
Engage in habitual loud barking, crying or whining as to conduct itself in such manner as to unreasonably and habitually annoy any person.
Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
[Added 5-26-1987 by L.L. No. 2-1987]
Removal of feces by owner. Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passage, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property, in violation of § 124-4D above, shall immediately remove all feces deposited by any such dog by any sanitary method approved by the local health authority.
Disposal of feces. The feces removed from the aforementioned designated area shall be disposed of by the person owning or in charge of any such dog in accordance with the provisions of this article.
Guide dogs excepted. The provisions of this section shall not apply to blind persons who may use dogs as guides.
The Dog Control Officer or any other peace officer or designated representative of the Commissioner of Agriculture and Markets may seize any dog:
Any dog seized pursuant to this section shall be taken to such place as may be designated by the Board of Trustees as a place of detention, and there such dog shall be properly cared for until the expiration of the applicable redemption period set forth in § 118 of the Agriculture and Markets Law. In the event that such dog bears a license tag, the person seizing the dog shall, within three days, thereafter ascertain the name of the owner thereof and give said owner immediate notice by serving on said owner an instrument, in writing, stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be sold or destroyed unless redeemed within 12 days of the date of seizure of the dog. If an impounded dog is not redeemed within the applicable redemption period set forth in § 118 of the Agriculture and Markets Law, the owner shall forfeit title to such dog, and it may thereafter be sold or destroyed by the Village.
[Amended 5-26-1987 by L.L. No. 2-1987]
The Dog Control Officer or any peace officer observing a violation of § 124-4 of this article, or by verified complaint filed by a citizen, is hereby authorized to issue and serve an appearance ticket for such violation, pursuant to the Criminal Procedure Law, to the owner of any dog violating said § 124-4 of this article. The appearance ticket shall be in the form prescribed by the Board of Trustees by resolution. Forms shall appear on all appearance tickets whereby a person charged with a violation may either admit the violation as charged on the appearance ticket or deny part or all of the violation as charged thereon. A person charged with a violation on an appearance ticket issued pursuant to this section may make an answer to such appearance ticket by registered mail, return receipt requested, within seven days of the violation in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
Each dog seized may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and identified pursuant to the provisions of this article and further provided that the owner pays the applicable impoundment fees as set forth in the then-existing contract between the Village and any incorporated humane society or dog-protective association providing pound or shelter services for the Village. These fees are in addition to the fines set forth in § 124-10.
Any person, Dog Control Officer or any peace officer may make a verified complaint to the Village Justice of an attack by any dog on:
Thereupon, the Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to the Dog Control Officer directing such person to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Justice finds there is probable cause for such seizure, he shall, within seven days and upon written notice of not less than three days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the Justice shall then order the owner or the Dog Control Officer or any peace officer to destroy the dog immediately or shall order the owner to confine securely such dog permanently or at such time as otherwise specified in the order. If the owner fails to destroy or to confine the dog as required by such order, the Dog Control Officer or any peace officer shall destroy such dog on or off the premises of the owner.
A violation of this article shall be punishable by a fine of not more than $25 for the first violation of this article, nor more than $50 for the second violation of this article and not more than $75 for the third and each subsequent violation of this article.