[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-8-1976 by L.L. No. 3-1976]
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.
A.
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.
B.
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.
C.
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.
