[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-17-2004 by L.L. No. 2-2004[1] (Ch. 11 of the 1979 Code)]
[1]
Editor's Note: This local law also repealed
former Ch. 11, Dogs and Cats, adopted 5-16-1960 by Ord. No. 29, as
amended.
As used in this article, the following terms
shall have the meanings indicated:
To provide food or shelter to any domesticated pets.
Any person who harbors or keeps any domesticated pets. In
the event that any such animal found in violation of this article
shall be owned by a person under 18 years of age, the owner shall
be deemed the parent, guardian or head of household of such person.
A.
It shall be unlawful for any owner of any dog to permit
or allow such dog, in the Village of Delhi, to be at large. All dogs
shall be restrained upon a leash not over eight feet in length while
off the owner's property. At all other times, all dogs shall be confined
either inside a dwelling, leashed, or within a fence or other enclosed
area legally occupied by the owner. Such fenced or enclosed area shall
be constructed and maintained with sufficient strength, height and
depth to prohibit said dog from escape of confinement. If a leash
or chain is affixed to some immovable object, it shall be of a length
which restricts the dog from approaching no closer than six feet to
any property line or way.
B.
It shall be unlawful for any owner of any dog to permit
or allow such dog, in the Village of Delhi, to engage in habitual
and/or continuous howling, barking or crying for an unreasonable length
of time to the annoyance of person other than the owner.
C.
Any person who is the owner, keeper, harborer, person
in charge of or person walking a dog within the Village of Delhi shall
immediately pick up any feces expelled by such dog on any property,
whether public or private, the owner of which has not given permission
therefor, and deposit them in a container lawfully used for the disposal
of refuse. In no event shall feces be deposited in sewers or drains,
whether storm or sanitary.
D.
It shall be unlawful for any person, other than the
owner or person with permission of the owner, to remove from any domesticated
pet within the Village of Delhi any collar, tag or other identification,
except when removal is necessary to ensure the immediate health and/or
safety of the animal.
E.
[1]It shall be unlawful for any person to interfere with,
hinder, molest or abuse any police officer, Dog Control Officer, Health
Officer or other official in the performance of their duties under
this article.
[1]
Editor's Note: Former Subsection E, regarding
penalties, was deleted 2-23-2009 by L.L. No. 3-2009.
Any police officer, peace officer, when acting
pursuant to his/her special duties, or Dog Control Officer employed
by or under contract to the Village of Delhi is hereby authorized
or empowered to enforce this article and to receive and act upon citizen
complaints in reference thereto.
A.
Any dog found in violation of the provisions of this
article may be seized pursuant to the provisions of the Agriculture
and Markets Law.
B.
If any such animal is seized by persons other than
the above, such person shall contact the Village Hall or Police Department
immediately or during the business hours immediately following such
seizure to report such "found" animal.
C.
The owner of any domesticated pet which has attacked
or injured a human being shall, upon demand, deliver the possession
of such animal to any officer authorized below to seize the same.
Failing such delivery, the Health Officer, County Public Health Official,
Dog Control and any police officer of the Village, or person authorized
by the aforementioned, is hereby authorized to seize such animal which
is reported to have attacked or injured a human being. Such animal
may be confined for such length of time as may be directed by the
Health Officer or Public Health Official for the purpose of determining
whether such animal is affected by rabies and, if so affected, may
be humanely destroyed by the direction of and in the manner prescribed
by such authority. Such animals may be released after a negative determination
by the authorization of the above officers, provided that the redemption
conditions prescribed in this article are met.
D.
The Health Officer, County Public Health Official,
Dog Control and any police officer of the Village, or person authorized
by the aforementioned, is hereby authorized to use any and all reasonable
means necessary to seize and impound any of the animals described
below.
E.
Every animal seized shall be properly cared for, sheltered,
fed and watered for the duration of the redemption periods set forth
in this article and pursuant to the provisions of the Agriculture
and Markets Law.
A.
Seized dogs may be redeemed by producing proof of
licensing pursuant to the provisions of the Agriculture and Markets
Law and by paying the impoundment fees.
B.
The owner of any impounded dog shall be required to
pay the impoundment fees incurred, regardless of whether such owner
chooses to redeem his or her animal.
C.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanasia
pursuant to the provisions of the Agriculture and Markets Law.
A.
It shall be the duty of each owner or person having custody of an animal within the Village of Delhi to conform to the provisions of this article, and any said owner or custodian of any animal seized pursuant to the provisions of this article shall be liable to the penalty imposed for a violation of this article as set forth in § 106-7.
B.
In addition to the foregoing, the owner or person
having custody of an animal, whose animal has been seized or impounded
within the Village of Delhi, will be subject to the following redemption
periods and required to pay the impoundment fees, as set forth in
§ 118 of the Agriculture and Markets Law, when the animal
is reclaimed.
[Amended 2-23-2009 by L.L. No. 3-2009]
(1)
Redemption periods shall be counted from the day of
impoundment.
C.
Other charges for all impounded animals.
(1)
Further, in addition to the foregoing, the owner or
person having custody of an animal, whose animal was seized within
the Village of Delhi and impounded, will be required to reimburse
the Village of Delhi for any disbursements made by the Village for
the humane care and treatment of the animal, including but not limited
to veterinarian's services and any necessary treatment directed by
the Health Officer or Public Health Official.
(2)
Dogs over three months of age will not be released
without proof of current rabies vaccination as long as the county
declaration is in effect. A fee will be added to any reclaim fees
of any dog that requires a rabies vaccination prior to release.
[Amended 2-23-2009 by L.L. No. 3-2009]
Unless otherwise provided in § 119
of the Agriculture and Markets Law, a violation of this article shall
be punishable by a fine of not more than $250 or imprisonment for
not more than 15 days, or both.
[Adopted 3-22-2010 by L.L. No. 1-2010]
A.
No person
shall breed, raise, harbor, pasture, keep, stable or maintain any
bees, poultry, chickens, turkeys, ducks, geese or other fowl, any
swine, horses, cows, mules, goats or any other animals or reptiles,
except domesticated pets, within the Village of Delhi unless specifically
authorized in any other provision of the Village Code.
B.
No person
shall breed, raise, harbor, pasture, keep, stable or maintain any
animal that is vicious, dangerous, or that has, in the absence of
intentional provocation, repeatedly chased, menaced, attacked or inflicted
bodily injury to a person or domestic animal.
The provisions of this article shall be enforced pursuant to § 106-3 of the Village Code.
Unless otherwise provided by law, a violation of this article
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days and/or removal of the bees, animals or reptiles.
The costs of removing the bees, animals or reptiles shall be specifically
borne by the offender of this article.
