[HISTORY: Adopted by the Board of Trustees
of the Village of Clayton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-15-1968]
In order to preserve public peace and good order
in the Village of Clayton and in promotion of the public welfare,
additional restrictions having to do with the activities of animals
within the Village are found to be advisable and necessary. All persons
owning animals running at large are hereby required to comply with
the following provisions of this article.
[Amended 1-6-1987 by L.L. No. 2-1987]
No person shall suffer or permit to run at large
any animal of dangerous disposition or any animal which has once bitten
any person or any animal which destroys property, including but not
limited to chickens, fowl, swine, cattle, horses, goats, sheep and
cats.
Suitable and proper precautions shall be taken
by the owner of any female animal in time of heat, and said female
animal during said period shall be restrained and not permitted during
said period to run at large.[1]
No person shall keep or suffer to be kept on
premises occupied by him any animal which kills or has killed any
other animal, poultry or birds. This section does not apply to any
animal which kills mice or rats.
The owner of any animal must at all times have
the animal under his control and responsive to the owner and well
behaved.
All complaints shall be made to the Village
patrolmen, who are designated and authorized to enforce this article
according to its provisions, or to such other Dog Warden or person
as the Board of Trustees may designate to enforce the terms of this
article.
Any person harboring any animal for a period
of two weeks prior to any violation of the provisions of this article
shall be held to be the owner of said animal.
[Amended 1-6-1987 by L.L. No. 2-1987]
Any person, firm or corporation who shall violate
any of the provisions of this article or orders given pursuant thereto,
or who shall resist or obstruct the said Village patrolmen or other
appointed official or their agents in carrying out the provisions
of this article, upon conviction therefor, shall be subject to a fine
of not more than $250 or to imprisonment of not more than 15 days,
or to both such fine and imprisonment; and each day on which such
violation continues shall constitute a separate offense.
[Adopted 8-2-1977 by L.L. No. 2-1977]
A.
Effective immediately upon the adoption of this article,
no dogs shall be allowed to roam at large within the Village of Clayton.
B.
All dogs within the Village of Clayton must be confined
to the premises of the owner by the use of adequate means to ensure
that the dog is confined to the premises of the owner.
All dogs must be restrained by a leash when
beyond the premises of the owner, except when confined to a vehicle,
and all dogs must be curbed when beyond the premises of the owner
and while on a leash.
[Added 1-6-1987 by L.L. No. 2-1987]
No person shall keep or suffer to be kept on
premises occupied by him any dog or other animal which is in the habit
of chasing moving vehicles.
No person shall keep, harbor or maintain any
dog which habitually barks or cries when this shall disturb and interfere
with the peaceful living of any person.
[Amended 4-12-2004 by L.L. No. 2-2004]
A.
Any person found guilty of violating any of the above
provisions of this article, upon conviction therefor, shall be subject
to a fine of not more than $250 or to imprisonment of not more than
15 days, or to both such fine and imprisonment; and each day on which
such violation continues shall constitute a separate offense.
B.
Any dog remaining at large or in violation of any
of the above restrictions of this article within the Village of Clayton
may be picked up by any of the persons hereinafter designated to enforce
this article. Said dog or dogs shall be confined in a kennel for a
period of 10 days. If the owner of the dog can be ascertained, he/she
shall be given written notice of the location of the dog(s) and shall
have the privilege of retrieving the dog upon payment of all kennel
charges and fines of not more than $250 for each offense. Any dog
not retrieved within 10 days shall be destroyed by the County Dog
Warden.
Any dog that is not wearing a current dog license
tag shall be picked up and delivered as soon as possible to the Jefferson
County Dog Warden for disposition.
A.
The Mayor of the Village of Clayton is hereby authorized
and empowered to designate a Village Dog Warden. Such designation
shall be subject to approval by the Board of Trustees, at a salary
to be determined by the Board of Trustees of the Village of Clayton.
B.
The police of the Village of Clayton are authorized
and empowered to enforce this article. The Dog Warden is hereby authorized
and empowered to enforce this chapter of the Code of the Village of
Clayton and Article 26 of the Agriculture and Markets Law.
[Amended 5-28-1991 by L.L. No. 4-1991]
C.
In accordance with Criminal Procedure Law § 150.20,
Subdivision 3, the Dog Warden of the Village of Clayton shall have
the power to issue and serve appearance tickets in connection with
the performance of his duties in enforcing any statute, local law,
ordinance, rule or regulation relating to the control of animals.
The issuance and service of appearance tickets by the Dog Warden of
the Village of Clayton shall have the same force and effect as if
served by a peace officer.
[Added 5-28-1991 by L.L. No. 4-1991]
D.
Appearance tickets shall be of a form and content
acceptable under, and shall be issued in accordance with, Article
150 of the Criminal Procedure Law of the State of New York.
[Added 5-28-1991 by L.L. No. 4-1991]
