[Adopted 6-5-1961; amended in its entirety 5-3-1993 by L.L. No. 3-1993]
The purpose of this article shall be to preserve the public
peace and good order in the Village of Brockport and to contribute
to the public welfare and good order of its people by enforcing certain
regulation and restrictions on the activities of dogs that are consistent
with the rights and privileges of the other citizens in the Village
of Brockport.
As used in this article, the following terms shall have the
meanings indicated:
An unleashed dog off the property of the owner.
In addition to the definitions set forth in § 108,
Subdivision 24, of the Agriculture and Markets Law, a dog shall be
considered a "dangerous dog" and subject to the provisions of § 121,
Subdivision 3 et seq., of the Agriculture and Markets Law[1] if such dog, without justification, attacks a dog or cat
and causes physical injury or death to such dog or cat.
[Added 6-20-2005 by L.L. No. 2-2005]
Both male and female dogs, unless the context requires otherwise.
An animal, other than a household pet, that is typically
housed outside the primary residential structure.
[Added 6-20-2005 by L.L. No. 2-2005]
The dog is equipped with a collar or, if the dog weighs over
25 pounds, with a choke collar, to which is attached a leash not more
than eight feet long, both collar and leash to be of sufficient strength
to restrain the dog, which leash shall be held by a person having
the ability to control and restrain the dog by means of the collar
and leash.
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the care, custody and control of the minor's parents and/or the
other head of household where the minor resides.
[1]
Editor's Note: Section 108 of the Agriculture and Markets
Law has been renumbered and amended; effective Jan. 1, 2011, see Agriculture
and Markets Law § 123, Subdivision 3 et seq.
A.
It
shall be unlawful to suffer or permit any dog to attack any person
peaceably conducting himself in any place where such person may lawfully
be.
B.
It
shall be unlawful to keep or suffer to be kept on the premises occupied
by the owner or harborer of any dog any dog which engages in habitual
howling, barking or whining or conducts itself in such a manner as
to unreasonably disturb the comfort and repose of any reasonable person
of normal sensitivities outside the owner's premises. Specifically,
no dog shall be allowed to bark or make other noises for a period
in excess of 10 consecutive minutes. The barking or other noises may
be intermittent and not continuous.
[Amended 6-20-2005 by L.L. No. 2-2005]
C.
It
shall be unlawful for the owner of any female dog to permit the dog
off the premises of the owner or leave such dog out of doors and unconfined
while such dog is in heat.
D.
It
shall be unlawful to keep or suffer to be kept a dog in the habit
of continually chasing or barking at automobiles, bicycles or other
moving vehicles or which, by its running at large, shall cause disturbances
or damages in the neighborhood, impair the safety or disturb the safety
and comfort of any persons.
E.
It
shall be unlawful to keep or suffer to be kept any dog which kills
any other dog or farm animal without just cause.
F.
It
shall be unlawful to keep or suffer to be kept any dog which destroys
the property of a neighbor.
G.
It
shall be unlawful to keep or suffer to be kept any dog which commits
a nuisance in a public street, public building, public park or on
any private property except with the consent of the owner of the property
thereof.
H.
It
shall be unlawful for the owner of a dog to permit such dog to be
at large in the Village of Brockport, Monroe County, New York, unless
under leash not exceeding eight feet in length, other than when on
the premises of the person owning, keeping, harboring or having custody
and control of such dog or upon the premise of another with the knowledge,
consent and approval of the owner of such premises or when hunting
in the company and under the control of a hunter or hunters.
I.
It
shall be unlawful for the owner of a dog to permit the premises, structures
or enclosures in which such dog is kept to be unclean or unsanitary.
J.
It
shall be unlawful to own or harbor a dog unless licensed as provided
by Article 7 of the Agriculture and Markets Law. Licenses shall not
be required for dogs under the age of four months which are not at
large.
[Amended 6-20-2005 by L.L. No. 2-2005]
K.
It
shall be unlawful for any person who owns, possesses or harbors a
dog to suffer, permit or allow such dog to defecate any place, except
upon the property of such person, unless the feces is removed immediately
in a sanitary manner.
[Added 4-17-1995 by L.L. No. 5-1995; 6-20-2005 by L.L. No.
2-2005]
L.
It
shall be unlawful for any person to own, possess, or harbor a dangerous
dog.
[Added 6-20-2005 by L.L. No. 2-2005]
[Amended 12-15-2014 by L.L. No. 4-2014]
Any Village Justice of the Village of Brockport shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violation of this article.
All complaints concerning alleged violations of this article
shall be communicated to the Town of Sweden Dog Control Officer or
Deputy Dog Control Officer. All such complaints shall be investigated,
and it shall be the duty of the Town of Sweden Dog Control Officer
or Deputy Dog Control Officer in the appropriate case to proceed with
civil or criminal enforcement of the article or any provision of law
pertaining hereto.
The Town of Sweden Dog Control Officer or Deputy Dog Control
Officer, having reasonable cause to believe that a person has violated
this article, shall issue and serve upon such person an appearance
ticket for such violation. The appearance ticket shall be in the form
prescribed by the Village Board by resolution in accordance with provisions
of § 124 of the Agriculture and Markets Law and this article.
An answer to such appearance ticket may be made within five days of
the violation, by registered or certified mail, return receipt requested,
in lieu of a personal appearance on the return date at the time and
court specified in the appearance ticket, in accordance with the provisions
of § 124 of the Agriculture and Market Law and this article.[1]
[1]
Editor's Note: Section 124 of the Agriculture and Markets
Law has been renumbered and amended; effective Jan. 1, 2011, see § 122
of Agriculture and Markets Law.
[Amended 12-15-2014 by L.L. No. 4-2014]
It shall be the duty of the Town of Sweden Dog Control Officer
or Deputy Control Officer to enforce the provisions of this article
and to seize all dogs found at large in violation of the article or
which are ordered seized by a Village Justice.
A.
For any dog seized pursuant to § 5-10 above, the following notification and redemption procedures shall be followed:
(1)
Unidentified dogs, whether or not licensed, shall be held for a period
of five days from the day seized, during which time the owner may
redeem the dog.
(2)
For identified dogs, whether or not licensed, the owner shall be
notified personally or by certified mail, return receipt requested,
of the facts of seizure and the redemption procedures. If notification
is made personally, the dog shall be held for seven days after the
day of notice; if notification is made by mail, the dog shall be held
for a period of nine days, during which period the owner may redeem
the dog.
B.
In either of the above cases, the owner must produce proof of licensing
and pay seizure and impoundment fees in order to redeem the dog. The
seizure and impoundment fees shall be as set from time to time by
the Village Board of Trustees.
If not so redeemed, the owner shall forfeit all title to the
dog, and the dog shall be sold or destroyed by the Town of Sweden
Dog Warden. In the case of sale, the purchaser must pay all accrued
charges to the Village Clerk or the Town of Sweden Dog Control Officer
and obtain a license for such dog. The Dog Control Officer who destroys
a dog shall immediately dispose of the carcass and take a written
report of such destruction and disposition to the Village Clerk, who
shall keep a record thereof.
The Village Board of Trustees, pursuant to § 118 of
the Agriculture and Markets Law[1] and § 5-11 of this article, will from time to time set forth fees to be charged the owner of a dog seized and kept at the Town of Sweden kennel, such fees to be paid to the Village Clerk before the dog may be redeemed.
[1]
Editor's Note: Section 118 of the Agriculture and Markets
Law has been renumbered and amended; effective Jan. 1, 2011, see Agriculture
and Markets Law § 117.
The Town of Sweden Dog Control Officer is hereby authorized
to pick up unwanted dogs that are owned by residents who are financially
unable to take proper care of their pets, including the cost of rabies
vaccination and licensing, when such owner requests the Village to
dispose of these animals, in accordance with the following rules:
A.
The owner must execute a form relinquishing all claim of ownership
to the dog and agreeing to its disposition according to law and absolving
the Village and the Town of Sweden Dog Control Officer of any liability.
B.
No fee will be charged for the first call, and any number of dogs
may be taken. Any dog or dogs remaining on the premises must be properly
licensed. For second or successive calls, owners will be required
to pay the cost of euthanasia charged to the Village.
The Village reserves the right to pick up those unwanted dogs
as space is available in the kennel or to discontinue the service
by resolution of the Village Board of Trustees, if necessary.
[Amended 3-16-1998 by L.L. No. 3-1998; 6-20-2005 by L.L. No.
2-2005]
Any person who violates or knowingly permits violation of this
article shall be subject to a fine of not more than $75, except that
where the person was found to have violated this article or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may not be more than $150; 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 more than $300 or imprisonment
for not more than 15 days, or both. Nothing contained in this section
is intended to eliminate, reduce, diminish or replace the provisions
set forth in § 121 of the Agriculture and Markets Law[1] with respect to fines, civil penalties or imprisonment
with respect to dangerous dog violations.
[1]
Editor's Note: Section 121 of the Agriculture and Markets
Law has been renumbered and amended; effective Jan. 1, 2011, see Agriculture
and Markets Law § 123.
If any section, paragraph, subdivision, clause or provision
of this article shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of the article shall be deemed valid
and effective. Any ordinance or part thereof in conflict herewith
is hereby repealed.
