Village of Orchard Park, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 154.
Fees — See Ch. A232.
[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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Impoundment fees. Any dog seized as above provided may be redeemed by the owner upon payment of the impoundment fees set forth in Chapter A232, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.
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.
(2) 
In the event the number of dogs at a premises increases, a revised permit shall be required in accordance with Subsection B(1).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
D. 
In the event that more than three dogs are housed without a multiple-dog housing permit, the individual maintaining the dogs shall have 30 days to remove the dogs in excess of three.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Failure to comply with this multiple-dog housing permit section shall subject the responsible party to a fine of $250 per day.
F. 
A fee, as shall be set forth in Chapter A232, Fees, will be due annually for the multiple-dog housing permit.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).