[HISTORY: Adopted by the Board of Trustees
of the Village of Geneseo 2-5-1979 as L.L. No. 1-1979 as Ch. 11 of the 1966
Code. Amendments noted where applicable]
This chapter shall be known as the "Dog Control
Chapter of the Village of Geneseo."
The purpose of this chapter shall be to preserve
the public peace and good order in the Village and to contribute to
the public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of other residents of
the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
That the dog will respond to the command, order or signal
of the owner or other responsible person and that the owner or other
responsible person shall at all times, by his command, order or signal,
prevent his dog from bothering, worrying, annoying, chasing or barking
at any person or animal.
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
The person appointed to assist in the enforcement of this
chapter.
Includes all persons owning, harboring or keeping a dog within
the limits of the Village and the parent, guardian or other adult
person with whom a minor dog owner resides.
Three or more dogs.
To move about, over, across or upon any public or private
property, premises, street, alley or thoroughfare other than that
of the owner, when not under the control of the owner or other responsible
person.
A.
The owner of any dog shall not allow, suffer or permit
his dog to run at large within the Village at any time except when
such dog is restrained by a leash or unless accompanied by its owner
or other responsible person in full control of such dog.
B.
No unspayed female dog in season shall be permitted
to be outside a building or fenced enclosure.
A.
No person being the owner or agent of any dog shall
permit such dog to commit any nuisance within the Village or cause
damage to the person or property of others. The following are declared
public nuisances and are set forth herein for explanatory purposes
only and are not to be considered as excluding other types of nuisances:
(1)
Engaging in loud howling or habitual barking or conducting
itself in such a manner as to disturb the public peace.
(2)
Habitually chasing and/or barking at moving vehicles
or persons on foot.
(3)
Jumping upon any person or knocking any person over.
(4)
Being found upon the school yard of any of the schools
of the Village during the time of year when the schools are open between
one hour prior to commencement of the school day and one hour after
the end of the school day.
(5)
Running together in a pack or in any way forming a
pack.
(6)
Causing damage to property of others, including, but
not by way of limitation, the upsetting and strewing of garbage.
B.
No owner or harborer of a dog shall permit or allow
such dog to urinate, defecate or commit any nuisances or damage to
public property in any park, public building, street, parking lot,
alley, sidewalk or on any private property of another without the
consent of such owner.
C.
Any person owning, harboring or having the care, custody
or charge of any dog, when such dog is housed or confined, shall so
house and confine such dog in a place so constructed as to prevent
the disturbance of persons residing in the neighborhood by the habitual
or continued barking of such dog.
The Dog Warden or any peace officer of the Village
or designated representative of the Commissioner of Agriculture and
Markets shall seize any dog found at large not wearing a license tag
required by Article 7 of the Agriculture and Markets Law of this state.
B.
Every dog so seized shall be kept, properly fed and
cared for at the expense of the Village of Geneseo at such kennel
or other place as the Village may designate until disposition thereof
as herein provided and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York.
C.
If a dog is seized for a violation of § 44-4 or 44-5 and the dog is wearing a license tag, the Dog Warden or peace officer shall ascertain the owner of the dog and shall give immediate notice to the owner or an adult member of his family with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed as herein provided.
D.
If a dog is seized for violation of §§ 44-4 and/or 44-5 and the dog is wearing a license tag, the owner may redeem the dog within 10 days by paying the Village Clerk, or such other official of the Village as the Dog Warden may indicate upon the notice to the owner, the sum of $10 as a seizure fee, plus the cost of care.
[Amended 6-17-1985 by L.L. No. 2-1985; 7-5-1989 by L.L. No. 4-4989]
E.
If a dog is seized pursuant to § 44-6 hereof only, the owner may redeem the dog within three days by producing to the person seizing the dog, or such person as may be designated by the Dog Warden in the notice of seizure, a license for the dog and by paying to the Village Clerk, or such Village official as the Dog Warden may designate in his notice of seizure, the sum of $10, $20 or $30 as a seizure fee, plus the cost of care, as stipulated in § 118, Seizure of dogs; redemption periods; impoundment fees; adoption, in Article 7 of the Agriculture and Markets Law.
[Amended 6-17-1985 by L.L. No. 2-1985]
F.
If an owner is entitled to redeem a dog pursuant to Subsection D and/or E above and if not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or caused to be destroyed by the peace officer or the Dog Warden. In the case of sale, the purchaser must pay the purchase price to the Village Clerk or Village Treasurer and, if the dog is not licensed, obtain a license for such dog. The person who destroys a dog shall immediately dispose of the same and make a written report of such destruction and disposition to the Village Clerk of the Village of Geneseo, who shall keep a record thereof.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
The Village Justice of the Village of Geneseo
shall have jurisdiction to hear all complaints under this chapter
and of all actions and proceedings hereunder and of all prosecutions
for the violation of this chapter.
The position of Dog Warden is hereby created.
The Dog Warden shall be appointed by the Village Board and shall be
removable at the pleasure of the Village Board. It shall be the duty
of the Dog Warden to enforce the provisions of this chapter, as well
as the Agriculture and Markets Law of the State of New York, with
respect to dogs in the Village of Geneseo and to seize all dogs found
at large in violation of this chapter or which are ordered seized
by the Justice of the Village of Geneseo; and, for the purposes of
this chapter, such a Dog Warden is deemed to be a peace officer.
Any person who observes or has knowledge of
a dog causing damage to property of a person other than its owner,
violating any section of this chapter or permitting a nuisance upon
the premises of a person other than its owner may file a signed complaint
or affirmation under oath with the Dog Warden of the Village of Geneseo,
specifying the objectionable conduct of the dog, the date thereof,
the damage caused, the description of the dog and the name and residence,
if known, of the owner or other person harboring the dog.
Upon receipt by the Dog Warden of any complaint
against the conduct of any particular dog for a violation of any provision
of this chapter or in the event that any dog is found by the Dog Warden
of the Village of Geneseo to be in violation of any provision of this
chapter, the Dog Warden may issue an appearance ticket to the alleged
owner or other person harboring the dog to appear before the Village
Justice of the Village of Geneseo, the appearance ticket to be issued
by the Dog Warden or other peace officer of the Village and to state
the name and residence, if known, of the owner or other person harboring
the dog, the complaint, the date and time of the alleged violation,
the nature of the violation and time and place at which the owner
of the dog is required to appear in court If the appearance ticket
is disregarded, the Dog Warden may file an information with the Justice
of the Village of Geneseo, and the court shall then issue a warrant
for the arrest of such person.
A violation of this chapter shall be deemed
an offense against this chapter and shall be punishable by a fine
not to exceed $50. Each separate offense shall constitute a separate
additional violation. The provisions hereof are in addition to the
regulations, restrictions, requirements and penalties contained in
Article 7 of the Agriculture and Markets Law of the State of New York.
