[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 6-8-1976 as L.L. No. 3-1976. Sections 53-1, 53-7 and 53-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It shall be unlawful for any person to own a dog of six months of age or older within the village unless the owner shall procure a license therefor. Licenses should be obtained from the Clerk of the Town of Urbana, pursuant to § 109, Subdivision 1(b), of the Agriculture and Markets Law. If required by order of the State Commissioner of Health pursuant to § 109, Subdivision 3, of the Agriculture and Markets Law, application for said license shall be accompanied by a certificate of inoculation against rabies for each dog or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog would be endangered by such inoculation. The certificate of inoculation for rabies shall state the date of the most recent rabies vaccination and the name and address of the licensed veterinarian who performed the same. The certificate of inoculation against rabies should also state the date that reinoculation should be performed. Each dog shall wear a suitable collar with license attached.
No dog shall be permitted off the owner's premises unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal. For the purpose of this chapter, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner. A dog shall be deemed running at large if it is found on property not owned or leased by the owner, unless permission for such presence has been obtained or unless such freedom is specifically authorized by local law or ordinance, or unidentified and on property now owned or leased by the owner or on the premises of a private or public school without the express consent of school authorities. A dog at large without a collar and license shall be presumed to be unlicensed.
It shall be unlawful to keep any dog within the corporate limits of the village which, by excessive or prolonged barking, howling or making any other loud or unusual noises, causes any unreasonable disturbance or creates any nuisance. Upon receipt by the Village Justice or designated authority of any complaint against the conduct of any particular dog, the Village Justice or designated authority may summon the alleged owner or other person harboring said dog to appear in person before him; if the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
It shall be unlawful to keep any dog within the corporte limits of the village in such a manner and nature that shall injure or annoy any of the inhabitants of the village, by reason of the same being dangerous, offensive or unhealthy or whose enclosure or pen shall emit noxious odors, and violations of the same are hereby declared to be nuisances and as such shall be immediately abated by the person, firm or corporation keeping the same after notice of the existence of such nuisance shall have been served upon such person, firm or corportion by a proper party of the village.
It shall be unlawful for any owner to fail to exercise proper care and control of his dog to prevent such animal from becoming a public nuisance. Furthermore, it shall be unlawful for any owner to fail to provide dogs with proper care, including but not limited to proper food and water, adequate shelter and protection from the weather, veterinary care when needed to prevent suffering reasonable exercise facilities, as well as general humane care and treatment.
It shall also be unlawful for any owner, keeper or walker of any dog to permit his dog to discharge such animal's excreta upon or adjacent to any public park or building or private property, other than the property of the owner of said dog, within the village if such owner, keeper or walker does not promptly thereafter remove and clean up such animal's excreta from such public or private property.
The owner of any dog, when notified that such dog has without provocation bitten or scratched any person or has otherwise injured any person as to cause an abrasion of the skin, shall not sell or give away such dog or permit or allow such dog to be taken beyond the limits prescribed by the designated authority, but it shall be the duty of such owner, within 24 hours of receiving notice of the character aforesaid, to immediately place such dog in confinement for a period of at least 14 days for observation or to deliver such dog to authorized personnel of the Village of Hammondsport for such placement. In case such dog is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished to the designated authority by the owner of such dog, and, upon receipt of such dog, the veterinary hospital shall submit to the designated authority a certificate that such dog either shows no symptoms of rabies or does show symptoms of rabies. If, at the expiration of 14 days of confinement in such veterinary hospital, said veterinary hospital shall submit to the designated authority of the Village of Hammondsport a second certificate stating that the dog does not have rabies, said dog may then be released to its owner. In the event that such same dog, without provocation, bites or scratches any person or has otherwise injured any person as to cause an abrasion of the skin within 24 months of the prior attack, such owner shall, within seven days after the attack, have the dog destroyed or shall keep the same confined in a secure enclosure at all times. Notification should also be given to the Health Department. The payment of all expenses shall be the responsibility of the owner.
For the purpose of this chapter, the owner of any dog shall be an adult member of the household where such dog is permitted to remain on the premises more than seven days.
All dogs running loose will be captured, if possible, and will be kept at a dog shelter provided for or on behalf of the village. Any dog or dogs found in violation of any of the sections of this chapter may be captured and turned over to a dog shelter provided for or on behalf of the village. Dogs bearing no license will be kept for seven days before being destroyed. Should the dog bear a current, valid license, immediate notice will be given to the owner, in writing, stating that the dog has been seized. Dogs will be maintained for a period of nine days after notice is given.
An owner claiming a dog will be responsible for costs, including board and shots, as well as a $10 redemption fee, which shall be payable to the Village of Hammondsport, New York. Such costs and redemption fees shall be exclusive of any fine imposed under the penal provisions hereof.
This chapter shall be enforced by an employee of the Village of Hammondsport so designated by the Mayor and Board of Trustees.
Any person or persons violating any of the provisions of this chapter shall be guilty of an offense, and, upon conviction thereof, shall be punishable as provided in § 119 of the Agriculture and Markets Law.