[HISTORY: Adopted by the Board of Trustees of the Village of Horseheads 10-27-2005
by L.L. No. 6-2005.[1] Amendments noted where applicable.]
As used in this article the following terms shall have the meanings
indicated:
Any animal, bird, insect, reptile, or fish, customarily kept in the
home or place of residence, which are not vicious, dangerous or otherwise
obnoxious, objectionable or offensive.
One or more persons occupying a dwelling unit as a single, nonprofit
housekeeping unit, who are living together as a bona fide, stable and committed
living unit, being a traditional family unit or the functional equivalent
thereof, exhibiting the generic character of a traditional family.
Every person having a right of property in the subject insect, animal,
reptile, fish or fowl and every person who has an insect, animal, reptile,
fish or fowl in his keeping or who harbors the same. An insect, animal, reptile,
fish or fowl owned by one or more 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.
An individual, firm, partnership, corporation or association of persons.
All property within Village boundaries which is not owned by the
Village, including but not limited to all residential and commercial property,
private streets and sidewalks and the grassy areas located adjacent to such
streets and sidewalks, rights-of-way and any common area of a condominium
or cooperative.
Any property owned, occupied or controlled by the Village of Horseheads
or other governmental entity, including but not limited to parks, streets,
sidewalks and grassy areas adjacent to streets and sidewalks.
No person shall keep, pasture, breed, raise, harbor, stable or maintain
any bees, poultry, chickens, turkeys, ducks, geese or any other fowl or reptiles
or any swine, horses, cows, mules, sheep, goats or any other animals, except
domesticated pets, within the Village without permission of the Board of Trustees.
Permission shall be revocable at any time if it appears that such keeping,
pasturing, breeding, raising, harboring, stabling, or maintenance is objectionable
or offensive by reason of noise, smell, health, safety or other cause. This
section shall not apply to any public pound or animal hospital operated by
a New York licensed veterinarian located within the Village.
No person who owns, keeps, harbors, has the care/custody/control of
or has a property right in the following creatures shall suffer any cattle,
horses, goats, sheep, swine or poultry to be at large within the Village.
No person owning, harboring or keeping any animal (except a dog as defined in Article II hereof), bird, insect or reptile shall suffer, permit or allow such creature to disturb the peace and quiet of the neighborhood or other persons by yowling, howling or making other loud or unusual noises for an unreasonable period of time or at any unreasonable time or in an unreasonable manner, nor shall such person suffer, allow or permit such creature to conduct itself in such a manner as to habitually annoy any other person. The factors set forth in § 80-10B(2)(a) through (g) hereof shall be considered in determining reasonableness.
No person owning, keeping, harboring or having the care, custody and/or control of any animal (except a dog as defined in Article II hereof), bird, insect or reptile shall suffer, permit or allow such creature to commit any nuisance or cause damage or destruction to, or soil, defile, or defecate on (unless the soil waste is promptly picked up and removed by the aforesaid person) any public street, building or park or any private property except with the consent of the owner thereof.
A.
This article is adopted pursuant to Article 7 of the
Agriculture and Markets Law of the State of New York.
B.
Its purpose shall be to promote the public health, safety
and welfare of the community, including the protection and preservation of
the property of the Village and its inhabitants and of peace and good order,
by regulating and controlling the activities of dogs within the Village and
provided for enforcement thereof.
As used in this article, the following terms shall have the meanings
indicated:
Any dog without a license is considered to be running at large. Any
dog with or without a license shall be considered to be running at large when
it is off the property of the owner and not restrained by a leash.
The state in which a dog is securely confined or restrained and kept
on the owner's premises, either within a building, kennel or other suitable
enclosure or securely fastened on a chain, wire, or other effective tether
of such length and so arranged that the dog cannot reach or endanger any person
or any adjacent premises or on any public street, way or place, or, if the
dog is being transported by the owner, that it is securely confined in a crate,
or other container, or so restrained in a vehicle that it cannot be expected
to escape therefrom.
Any member of the species Canis familiaris, male or female.
Any person authorized by the Village of Horseheads or Town of Horseheads
from time to time to enforce the provisions of this article or the provisions
of the Agriculture and Markets Law.
To provide food or shelter to any dog.
Person entitled to claim lawful custody and possession of a dog and
who is responsible for purchasing the licenses for such dog unless the dog
is or has been lost, and such loss was promptly reported to a dog control
officer or code enforcement officer and a reasonable search has been made.
If a dog 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 or, harbors, or is otherwise responsible for any
dog which is kept, brought or comes within the Village.
All property within Village boundaries which is not owned by the
Village, including but not limited to all residential and commercial property,
private streets and sidewalks and the grassy areas located adjacent to such
streets and sidewalks, rights-of-way and any common area of a condominium
or cooperative.
Any property owned, occupied or controlled by the Village of Horseheads
or other governmental entity, including but not limited to parks, streets,
sidewalks and grassy areas adjacent to streets and sidewalks.
Any owner of a dog or any other person who harbors any dog in the Village
of Horseheads shall be in violation of this article if such dog:
A.
Is not restrained by an adequate collar and leash or
confined when not on the property of the owner or any other person harboring
or having custody or control of the dog.
B.
Engages in unreasonable howling and/or barking or other
noise, audible beyond the property line of the property where the dog is harbored,
that disturbs or annoys any person of reasonable sensitivities other than
the person owning or harboring such dog. Unreasonable howling or barking or
other noise shall include but not be limited to, the following:
(1)
Howling, barking or other noise made by a dog and continuing
for more than five cumulative minutes in any sixty-minute period; or
(2)
Howling, barking or other noise made by a dog which is
determined to be unreasonable, taking into account the following factors:
(a)
The proximity of the noise to residential property.
(b)
The time of the day or night when the noise occurs.
(c)
The time duration of the noise.
(d)
Whether the noise is repetitive.
(e)
The volume of the noise.
(f)
The existence of complaints concerning the noise from
persons living or working in the vicinity of the noise and who are affected
by it.
(g)
Malicious provocation resulting from such activity as
trespass, vandalism or badgering.
C.
Causes damage or destruction to public or private property
or soils, defiles, or defecates (unless the solid waste is promptly picked
up and removed by the owner or other person responsible for the dog) or otherwise
commits a nuisance on public or private property other than on the property
of the person owning or harboring such dog. This provision shall not apply
for a service animal for people with disabilities while in performance of
its trained duties, or a dog used for law enforcement purposes while being
so used.
D.
Chases or otherwise harasses any person in such manner
as reasonably to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury when not on the noncommercial property of the person
owning or harboring such dog.
F.
Is unlicensed when four months of age or older.
G.
Is not wearing a current and valid New York State dog
license identification tag while at large, whether or not restrained by an
adequate collar and leash.
H.
Is not redeemed within nine days after the owner has
been notified, either personally or by mail, that said dog has been seized
and impounded pursuant to the Agriculture and Markets Law, § 118.
I.
Harasses, attacks, annoys or otherwise interferes with
a service animal for people with disabilities which provides assistance for
mobility, and other major life functions, to people with disabilities.
All police officers, code enforcement officers, community service officers
and dog control officers of the Village of Horseheads or of the Town of Horseheads
or others, pursuant to contract with the Village, shall administer and enforce
the provisions of this article and for such purpose shall have the authority
to issue appearance tickets pursuant to Article 150 of the Criminal Procedure
Law. In the event an appearance ticket is issued by a person other than a
dog control officer, the issuing person will inform a dog control officer
of such issuance. Appearance tickets may require payment by mail of a designated
fine or appearance in Village Court and shall be in such form as may be prescribed
by law. In assessing a penalty, the Judge of the court may take into account
the status, upon proper documentation or other supporting evidence, of an
attacked animal as a service animal for people with disabilities which provides
assistance in mobility, and other major life functions, to people with disabilities.
Establishment of the fact or facts that a dog has committed any of the
acts prohibited by this article shall be presumptive evidence against the
owner or harborer of such dog that he has failed to properly confine, leash
or control his dog.
In the event that any dog found to be in violation of this article is
owned by a person under 17 years of age, the head of the household in which
said person resides shall be deemed to be the owner or person harboring such
dog and responsible for the acts of said dog for purposes of this article.
The fact that a dog is at large in the Village elsewhere than on the
premises of the owner or person harboring such dog shall be presumptive evidence
that the dog has been permitted to be at large with the knowledge of the owner
or person harboring the dog.
The impoundment fees for any dog impounded pursuant to § 118
of the NYS Agriculture and Markets Law shall be paid by the owner of the dog
in the following amounts:
