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:
CONTROL
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.
DOG
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
DOG WARDEN
The person appointed to assist in the enforcement of this
chapter.
OWNER
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.
RUN AT LARGE
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.
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.
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.