[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye
Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1904; amended in its entirety 9-16-1996
by L.L. No. 6-1996]
[Amended 6-15-1998 by L.L. No. 2-1998]
It shall be unlawful for any owner to allow any animals, including but
not limited to horses, cattle, sheep, swine, fowl, llamas, ostriches, cats
or dogs, to run at large in or upon any of the public streets, grounds or
places of the village and upon private property without the consent of the
owner of said property.
It shall be the duty of any Animal Control Officer to take and care
for any of such animals or fowl, and the expense therefor may be collected
from the owner thereof or, in the case of his failure to so pay, said animals
or fowls may be sold at public sale by such Animal Control Officer and any
surplus received over and above such expenses shall be returned to the owner.
Any violation of this article shall be punishable by a fine of not more
than $250 or imprisoned for not more than 15 days, or both.
[Adopted 1-28-1980 by L.L. No. 1-1980;
amended in its entirety 9-16-1996 by L.L. No. 6-1996]
Although dogs that are properly cared for serve a useful purpose, it
appears that, in some instances, dogs have been allowed to cause annoyance
and damage to the persons and properties of others within the Village of Honeoye
Falls, and the Village Board of the Village of Honeoye Falls, by enacting
the following article, seeks to preserve the relationship between a dog, its
master and the public and at the same time to protect the health, safety and
property of others from annoyance and damage caused by dogs. This Article
is enacted pursuant to the provisions of Article 7 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 Honeoye Falls."
As used in this article, the following terms shall have the meanings
indicated:
A dog off the premises of the owner.
Includes the plural "dogs," both male and female, unless the context
indicates otherwise.
The person or persons, authorized by the Village Board to enforce
the provisions of this article.
The dog is equipped with a collar or harness, to which is attached
a leash, with both collar or harness and the leash of sufficient strength
to restrain the dog and which leash shall be held by a person having the ability
to control and restrain the dog by means of the collar or harness and the
leash.
Any person who is a licensed owner of a dog and/or any person who
owns, keeps, feeds, harbors or has the care, custody or control of a dog.
The owner need not be a resident of the Village of Honeoye Falls; but for
a violation to occur, the dog must be within the village limits of the Village
of Honeoye Falls. Dogs owned by minors shall be deemed to be in the custody
and control of the minor's parents or other head of the household where
the minor resides.
A.
It shall be unlawful for any owner or any person harboring
any dog to permit or allow such dog, while in the Village of Honeoye Falls,
to:
(2)
Engage in habitual loud howling or barking or to conduct
itself in such manner so as to habitually and unreasonably annoy any person
other than the owner or person harboring such dog.
(3)
Cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner or person harboring
such dog.
(4)
Bite, chase or otherwise harass any person in such a
manner as to cause intimidation or to put such person in apprehension of bodily
harm or injury whereby such dog may be considered to be a dangerous dog.
(5)
Habitually chase or bark at moving vehicles off the premises
of the dog's owner.
(6)
Run at large with a pack of other dogs or chase children,
deer or other animals.
(7)
Enter any public buildings or to cause any nuisance upon
public sidewalks or crosswalks.
B.
Any female dog that is in heat shall be confined to the
premises of its owner.
C.
It shall be unlawful for any person to keep or harbor
a dog unless the premises, yard, house pen or enclosure is kept at all times
in a clean, sanitary condition so as not to endanger public health, comfort
or repose, and no person, other than a veterinarian or person operating an
animal hospital, shall keep or allow to be kept more than two dogs over six
months of age per dwelling unit on a village lot occupied as a one- or two-family
residence, or, if the premises is not subdivided into village lots or occupied
as a one- or two-family residence it shall be unlawful to keep or allow to
be kept thereon more than one such dog for each 1/2 acre of land.
[Added 6-15-1998 by L.L. No. 2-1998]
Any dog that is within any such designated residential area shall be
kept confined or shall be restrained by a leash that is no longer than eight
feet in length, except when such dog is on his owner's property or on
the private property of another person or persons, with the knowledge and
consent of such person or persons.
This article shall be enforced by the Dog Control Officer of the Town
of Mendon or by such other law enforcement officers as are empowered to otherwise
act in the Village of Honeoye Falls.
Any dog which violates §§ 61-7 and 61-8 or which does not have a license may be impounded and taken to a place of detention designated by the Village Board and shall there be properly fed and cared for at the expense of the village until disposition thereof shall have been made in accordance with the provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
A.
In the event that a dog seized bears a license tag, the
person seizing the dog shall give the owner prompt notice stating that his
dog has been seized, indicating when, where and why the dog was seized, and
stating the dog will be destroyed or otherwise disposed of unless redeemed
or unless a trial is duly demanded within seven days of notification by personal
service or within nine days after notification has been sent by certified
mail.
B.
Unlicensed dogs. In the event that a dog seized does
not bear a current license tag and the owner is unknown or cannot be readily
identified, the Dog Control Officer or other law enforcement officer shall
be authorized to destroy or otherwise dispose of such dog within five days
after its impoundment, unless the owner of the dog redeems such dog or demands
a trial prior to the expiration of said five days.
C.
Redemption. In order to redeem a dog that has been seized,
the owner shall pay the Village Clerk of the Village of Honeoye Falls such
fees as are provided by § 118, Subdivision 4, of the Agriculture
and Markets Law of the State of New York, together with such other fees or
charges as may from time to time be established by resolution of the Village
Board.
Any person who observes a dog causing damage or destruction to property
of a person other than its owner or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under oath,
with the Village Clerk of the Village of Honeoye Falls, and such complaint
shall be referred by the Clerk to a Village Justice of the Village of Honeoye
Falls, specifying the objectionable conduct of the dog, the date thereof,
the damage caused, a description of the dog and name, if known, and the name
of the owner or person harboring said dog, if known. Oral complaints made
to the Dog Control Officer or Village Clerk must include the complainant's
name and address and may be used only as the basis for an investigation by
the Dog Control Officer or peace officer.
Upon receipt by the Village Justice of any accusatory instrument, in writing, against the conduct of any particular dog, the Village Justice shall summon the alleged owner or person harboring said dog to appear in person before him. If the summons is disregarded, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such person. Following a hearing and a determination that a dog owner is in violation of §§ 61-7 and 61-8 of this article, the Justice may direct the owner to dispose of the offending dog outside of the village, or to deliver the same to the Dog Control Officer for humane destruction, and establish any penalty permitted by § 61-18 of this article.
In the event that the owner of a dog charged with a violation of this article appears in Village Justice Court, a properly executed information shall be promptly filed, by the Dog Control Officer or other law enforcement officer, with the Village Justice so that the matter can be heard as expeditiously as possible. In the event that a defendant is found guilty of a violation of this article, the Village Justice may direct the defendant to pay for costs incurred by the village for the care of the dog while impounded and the redemption fee as provided in § 61-11C of this article.
If an impounded dog is not redeemed or a trial is not demanded within
the time hereinbefore set forth, the owner shall forfeit title to the dog,
and it may thereafter be sold by the Dog Control Officer or destroyed as hereinafter
provided. In the case of sale, the purchaser must pay the purchase price to
the Village Clerk and obtain a license for such dog.
A.
In the event that it becomes necessary to destroy a dog,
the Dog Control Officer or other law enforcement officer shall arrange, through
a veterinarian, for the destruction of the dog, cause the carcass to be disposed
of and make a report, in writing, to the Village Clerk of such destruction.
Said authorized personnel shall also have the authority to place such dogs
with the Monroe County Humane Society.
B.
The Village Clerk shall keep a record of any dogs destroyed
for one year.
The owner, possessor or harborer of any dog destroyed under the provisions
of this article shall not be entitled to any compensation for such dog, and
no action shall be maintainable thereafter to recover the value of the dog.
A violation of this article shall be deemed an offense, and a person
convicted of violation shall be subject to a fine of not more than $250 or
imprisonment for not more than 15 days, or both, for each violation. Each
day's continued offense shall constitute a separate violation. The Justice
Court may further direct that the owner of the dog shall pay for part or all
of the costs that may be incurred by the village as a result of seizure, impoundment
and/or destruction of the dog. In addition, a dog declared by a Village Justice
to be a dangerous dog may be ordered securely confined or destroyed.
Fees for animal dog licenses and purebred licenses shall be established
by the Mendon Town Board. Such fees may be modified by resolution of the Town
Board, as it determines to be appropriate.
