[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-3-1979 by L.L. No. 17-1979 (Ch. 54 of the 1979 Code)]
This article shall be known and may be cited
as the "Dog Control Law of the Village of Orchard Park."
The purpose of this article is to preserve the
public peace and good order in the Village of Orchard Park and to
contribute to the public welfare, safety and good order of its people
by enforcing certain regulations and restrictions on the activities
of dogs that are consistent with the rights and privileges of the
owners of dogs and the rights and privileges of other citizens of
the Village of Orchard Park.
As used in this article, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
terms shall have the meanings respectively ascribed to them by § 108
of the Agriculture and Markets Law enacted by Chapter 220 of the Laws
of 1978.
Dogs, whether licensed or not, shall be subject
to the following restrictions:
A.
No person owning or having the custody and control
of a dog shall permit such dog to be at large in the Village elsewhere
than on the premises of the owner, except it be on the premises of
another person with the knowledge and consent of such other person.
B.
The owner or person having the custody and control
of a dog in the Village, which is not on the premises of the owner
or upon the premises of another with the knowledge and consent of
such person, shall control and restrain such a dog by a suitable leash
not exceeding six feet in length affixed to the harness or collar
of the dog. A retractable leash may be used as a restraint, provided
that the retractable leash is set and locked at six feet when the
dog is in the immediate vicinity of persons or is on a sidewalk area.[1]
C.
The fact that a dog is at large in the Village elsewhere
than on the premises of the owner shall be presumptive evidence that
the dog has been permitted to be at large with the knowledge of the
owner or person having custody and control of the dog.
No owner or person harboring a dog shall permit
or allow such dog to:
A.
Engage in
habitual loud howling or barking or to conduct itself in such manner
so as to habitually annoy any person other than the owner or person
harboring such dog. For the purpose of this section, a "noise disturbance
from a barking dog" shall be defined as that created by a dog barking
continually for 30 minutes or intermittently for 60 minutes, unless
provoked.[1]
B.
Cause damage or destruction to property, or commit
a nuisance upon the premises of a person other than the owner or person
harboring such a dog.
C.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
D.
Habitually chase or bark at motor vehicles or bicycles.
A.
Authority. Any dog running at large in violation of
this article may be seized, redeemed and disposed of in accordance
with Article 7 of the Agriculture and Markets Law in effect at the
time of the violation.
[Added 12-11-2006 by L.L. No. 1-2006]
A.
No household shall keep more than three dogs, four
months of age or older, on any residence in the Village of Orchard
Park. The owner and/or occupant must keep domestic animals in an appropriate
manner and control.
[Amended 9-28-2020 by L.L. No. 10-2020]
B.
Exceptions. Subsection A shall not apply to any person who secures a multiple-dog housing permit subject to the following conditions:
(1)
Any premises with more than three dogs must secure
a multiple-dog housing permit. The Dog Control Officer shall issue
a multiple-dog housing permit after inspection of the premises. The
Orchard Park Dog Control Officer shall apply the following criteria
for issuance of a multiple-dog housing permit:
(a)
Capacity of the owners to provide sufficient
food and water for the dogs.
(b)
Capacity of the owners to limit barking by the
dogs.
(c)
Sufficient housing for the dogs.
(d)
Capacity of the owners to maintain the dogs
in a clean manner.
(e)
Capacity of the owners to provide necessary
veterinary care for the dogs.
(f)
Capacity of the owners to provide housing which
does not subject the dogs to extreme temperatures.
C.
The Dog Control Officer can revoke a permit if, after
the granting the permit, the owner does not comply with the criteria
set forth above. The permit holder shall be notified, in writing,
of the criteria with which the owner has failed to comply. The permit
holder shall be provided 60 days to correct the noted violations.
In the event that the owner fails to correct the violations of the
criteria, the permit shall be revoked.
E.
Failure to comply with this multiple-dog housing permit
section shall subject the responsible party to a fine of $250 per
day.
In addition to the penalty provided in § 88-7E, any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offense against this article and any person convicted of any such violation shall be liable to a fine of not more than $25 and/or imprisonment for not more than 15 days for a first violation; not more than $50 and/or imprisonment for not more than 15 days for the second violation; and not more than $75 and/or imprisonment for not more than 15 days for the third violation and all subsequent violations.
