The Village Board of the Village of Monticello finds that the
running at large and other uncontrolled behavior of licensed and unlicensed
dogs has caused physical harm to persons and damage to property and
created nuisances within the Village. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Village.
[Amended 2-1-1993 by L.L.
No. 1-1993; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
This article is enacted pursuant to the provisions of § 122
of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the
Village of Monticello."
As used in this article, the following words shall have the
following respective meanings.
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article and as amended thereafter.
CONFINED
That such animal is kept on the owner's premises, not
including those portions of the owner's property devoted to highway
purposes and to the purpose of sidewalks paralleling and along adjacent
highways.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Any person appointed by the Village of Monticello from time
to time to enforce the provisions of this chapter and/or the provisions
of the Agriculture and Markets Law; and anyone in the Village of Monticello
otherwise conforming to the definition of "Dog Control Officer" as
defined in Agriculture and Markets Law § 108, Subdivision
6. In the event that the Village of Monticello shall not have at any
particular time a duly appointed Dog Control Officer, the person appointed
by the Town of Thompson to enforce Article 7 of the Agriculture and
Markets Law shall, during such time, be the Dog Control Officer in
the Village of Monticello. (Nothing herein contained shall prohibit
the police officers of the Village of Monticello from exercising their
jurisdiction to enforce this chapter and/or Article 7 of the Agriculture
and Markets Law as police persons and peace officers.)
[Amended 2-1-1993 by L.L.
No. 1-1993]
OWNER
A.
The party purchasing the license, unless the dog is or has been
lost and such loss has been reported to the Dog Control Officer and
reasonable search has been made.
B.
If an animal is not licensed, the term "owner" shall designate
and cover any person or persons, firm, association or corporation
who or which at any time owns or has custody or control of, harbors
or is otherwise responsible for any animal which is kept, brought
or comes within the Village.
C.
Any person owning or harboring a dog for a period of one week
prior to the filing of any complaint charging a violation of this
article shall be held and deemed to be the "owner" of such dog for
the purpose of the article.
D.
In the event that any dog found to be in violation of this article
shall be owned by a minor, the head of the household in which said
minor resides shall be deemed to have custody and control of said
dog and shall be responsible for any acts of said dog and violation
of this article.
RECREATIONAL AREAS
Any real property owned by the Village of Monticello which
is used for recreational purposes by the public, including but not
limited to parks or playgrounds.
RUN AT LARGE
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the knowledge, consent
or approval of the owner of such lands.
[Amended 6-21-1999 by L.L. No. 5-1999]
SCHOOL PREMISES
Any real property situate within the Village of Monticello
which is used for educational purposes or purposes incidental thereto.
VILLAGE
The area within the corporate limits of the Village of Monticello.
[Amended 1-19-1988 by L.L. No. 1-1988]
A. It shall be unlawful for any owner of any dog in the Village of Monticello
to permit or allow such dog to:
(1) Run at large, unless the dog is accompanied by its owner or a responsible
person able to control it by a leash restraint actually being used.
(2) Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(3) Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(4) Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5) Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than the property of the owner or harborer of said dog.
(6) Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of said owner.
(7) If a female dog, be off the owner's premises when in heat.
(8) Be at large on any school premises or recreational areas or the sidewalks
adjacent thereto, unless said dog is on a leash.
B. Establishment of the fact or facts that a dog has committed any of the acts prohibited by Subsection
A of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
This article shall be enforced by the Dog Control Officer, by
any peace officer or by any person having jurisdiction under the Agriculture
and Markets Law.
[Amended 6-21-1999 by L.L. No. 5-1999; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118 of the Agriculture
and Markets Law, a violation of this article shall be punishable:
A. Where prosecuted
pursuant to the penal law, by a fine of not less than $25, except
that where the person was found to have violated this article within
the preceding five years, the fine may be not less than $50, and where
the person was found to have committed two or more such violations
within the preceding five years, it shall be punishable by a fine
of not less than $100 or imprisonment for not more than 15 days, or
both; or
B. Where prosecuted
as an action to recover a civil penalty, by a civil penalty of not
less than $25, except that when the person was found to have violated
this article within the preceding five years, the civil penalty may
be not less than $50, and where the person was found to have committed
two or more such violations within the preceding five years, the civil
penalty may be not less than $100.