[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1980 by L.L. No. 2-1980]
As used in this chapter, the following terms shall have the meanings indicated:
- AT LARGE
- A dog or domestic animal which is not within a fence or tied on a line, either of which must be sufficient to restrain said dog or animal.
- Any male, female or neutered domestic canine, regardless of age.
- DOMESTIC ANIMAL
- Any domestic animal as defined by the New York State Agriculture and Markets Law.
- Any person who owns, harbors or has the care, custody or control of a dog or domestic animal, whether said dog or animal is licensed or unlicensed.
No owner or possessor of a dog or domestic animal shall permit such dog or animal to be at large in the Village of Irvington except as provided in § 83-2B.
The owner, possessor or custodian of a dog shall control and restrain such dog by a chain or leash not exceeding eight feet in length, except when such dog is on residential premises with the knowledge and permission of the owner of the premises or when such dog is on nonresidential premises during the hours when such property is closed to the public with the knowledge and permission of the owner of the premises.
No owner or possessor of a dog or domestic animal shall suffer or permit it to soil, defile or commit any nuisance on any commonfare, sidewalk, passageway, bypath, play area, park or any place where the public congregates or walks or upon any lawn, shrubbery or tree on any private property not belonging to the owner or custodian of said dog or animal; provided, however, that for the purpose of this section of this chapter, the above-mentioned restrictions shall not apply to that portion of the street lying between the curblines, which shall be used to curb a dog.
No owner or possessor shall permit the premises, structure or enclosures in which a dog or domestic animal is kept to be unclean or unsanitary as to create a public nuisance.
No owner or possessor of a dog or domestic animal shall permit such animal or dog to be at large and to chase or attack any person peacefully conducting himself in any place where such person may lawfully be or to chase or attack any dog, cat or domestic animal while such animal is in any place it may lawfully be.
No person shall cause or permit one or more dogs or domestic animals owned, controlled or possessed by him to enter or remain upon premises owned by another without license or privilege to do so.
[Amended 6-16-2014 by L.L. No. 13-2014]
Each and every violation of this chapter shall be punishable by a fine of $25 per dog or domestic animal for the first offense, except as provided for in § 83-3C.
After an individual has been convicted of a violation of any provision of this chapter, a subsequent conviction for violation of any provisions of this chapter shall be punishable by a fine of not less than $50 nor more than $250 per dog or domestic animal and/or imprisonment for not more than 15 days.
A person found guilty of a violation of § 83-2E, regardless of whether s/he has previously been convicted of a violation of this chapter, shall be punished by a fine of not less than $50 nor more than $250 per dog or domestic animal and/or imprisonment for not more than 15 days.
For the purpose of determining a violation of this chapter, prior conduct of the dog or domestic animal shall be admissible, whether or not such conduct has resulted in an individual being convicted of a violation of this chapter or any other law or ordinance applicable thereto.