[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as Ch. 48 of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Except where the context otherwise indicates, including a female dog.
- Any chain, cord, thong, rope or other material of sufficient strength to restrain the dog to which it is attached.
- Every person having a right of property in a dog, and every person who has a dog in his keeping or who harbors a dog.
- An individual, firm, partnership, corporation or association of persons.
- Any establishment, public or private, for the confinement of dogs seized either under the provisions of this chapter or otherwise.
- VICIOUS DOG or DANGEROUS DOG
- Any dog which has attacked a human being, other dog or other
domestic animal without provocation, which attack occurred off the
premises occupied by the person owning, keeping or harboring said
dog.[Amended 9-5-1989 by L.L. No. 4-1989]
No dog shall be permitted to be or remain in the Village of Highland Falls without being licensed and tagged as required by Article 7 of the Agriculture and Markets Law.
[Added 9-5-1989 by L.L. No. 4-1989]
All dogs shall be confined with certainty to the owner's premises by a fence of sufficient height and construction or a chain or rope of sufficient strength.
[Amended 9-5-1989 by L.L. No. 4-1989]
All dogs sick with or liable to communicate hydrophobia or any other contagious or infectious disease shall at all times be securely confined upon the premises of the owner.
All dogs, whether or not tagged or licensed, while off the owner's premises, shall be restrained by a leash not exceeding six feet in length in the hands of a person capable of leading and controlling such dog, or shall be securely confined in an automobile or other vehicle. In addition, a vicious or dangerous dog shall be muzzled in a humane manner.
[Added 5-4-2009 by L.L. No. 3-2009; amended 11-1-2010 by L.L. No. 2-2010]
All dogs, whether on or off leash, shall be prohibited in Center Street Park, Ladycliff Park and Memorial Park. The presence of any dog in Center Street Park, Ladycliff Park or Memorial Park shall be prima facie evidence of a violation of the provisions of this section, and the owner of such dog shall be subject to the penalty provisions of this chapter. This section shall not apply to a service dog accompanying a handicapped person.
[Amended 9-5-1989 by L.L. No. 4-1989]
No person owning, keeping or harboring any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, whining, howling or crying or by conducting itself in such a manner so as to unreasonably and habitually annoy any person.
No person owning, keeping or harboring any dog shall suffer or permit such dog to cause damage or destruction to property or commit a nuisance by defecating or urinating upon any premises not owned or occupied by the owner of such dog.
No person owning, keeping or harboring any dog shall suffer or permit such dog to chase or otherwise harass any person in such a manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Where there is a reasonable probability that any vicious dog confined on private property can escape such confinement, the owner shall cause such dog to wear a muzzle in a humane manner.
Any dog found in the Village of Highland Falls without a license or running at large or in violation of the regulations set forth above is hereby declared to be a nuisance and shall be seized and impounded.
Each police officer of the Village of Highland Falls and each constable or dog warden of the Town of Highlands is hereby designated peace officer and dog warden, authorized and charged with the duty of seizing and impounding all dogs running at large or violating any of the provisions of this chapter.
The fees and charges for taking up, impounding, keeping and disposing of impounded animals shall be the fees and charges set forth in Article 7 of the Agriculture and Markets Law.
If the dog seized bears a license tag, the peace officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or any adult member of his family with a notice, in writing, stating the dog has been seized and will be destroyed unless redeemed within the period herein provided.
The owner of a dog seized may redeem the dog within seven days, except that the owner of a dog bearing a license tag may redeem the dog within 12 days, by paying the cost of seizure, plus the cost of boarding said dog.
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed by the peace officer or other authorized official. In case of sale, the purchaser must pay the purchase price to the Village of Highland Falls.
No person shall hereafter keep or house horses, cattle, sheep, swine or any animal other than cats or other household pets within the limits of the Village of Highland Falls without permission of the Village Board. No permission to keep or maintain cats or other household pets is required from the Board of Trustees of the Village of Highland Falls. Permission shall be revocable at any time if it appears from neighbors or otherwise that the keeping of the animals in question is objectionable or offensive by reason of noise, smell or other cause. This section shall have no application to such public pound as may be established by the Village of Highland Falls nor to an animal hospital for the treatment, care, observation or temporary boarding of dogs or cats if such hospital shall be operated by a person licensed to practice veterinary medicine under the provisions of the New York State Education Law.
[Added 7-23-1985 by L.L. No. 3-1985; 9-5-1989 by L.L. No. 4-1989]
Every dog owner shall remove and properly dispose of any feces left by his or her dog in or on any area outside the property owned or occupied by the dog owner. This section shall not apply to a guide dog accompanying a blind person.
[Amended 6-1-1976 by L.L. No. 2-1976; 9-5-1989 by L.L. No. 4-1989; 4-1-1998 by L.L. No. 1-1998; 11-17-2008 by L.L. No. 4-2008]
Notwithstanding any other provision herein, any person who violates any provision of this chapter shall be guilty of a violation and, for a first conviction thereof, shall be subject to a fine in an amount not less than $25 nor more than $250, or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for conviction of a second violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $50 and not more than $250, or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for conviction of a third violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $100 and not more than $250, or a maximum of 15 days' imprisonment, or both such fine and imprisonment. For conviction of a fourth violation and each subsequent violation committed within 12 months of any prior violation, such person shall be subject to a fine in an amount not less than $150 and not more than $250, or a maximum of 15 days' imprisonment, or both such fine and imprisonment. Each day a violation occurs shall be deemed a separate and distinct violation.
[Added 6-1-1976 by L.L. No. 2-1976]
A person or persons authorized to enforce this chapter as hereinabove provided is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to the provisions of the Criminal Procedure Law.
Such appearance ticket shall provide that an answer thereto may be made by registered or certified mail, return receipt requested, within five days of the date thereof. Such appearance ticket shall include and contain a form whereby the person charged may admit to the violation or deny the same.
A person answering such appearance ticket by mail as herein provided and admitting the violation charged therein shall be advised of the amount of the fine to be paid by the office specified on such appearance ticket.
A person answering such appearance ticket by mail as hereinabove provided and denying part or all of the violation charged shall so indicate such denial in the place provided in the appearance ticket and shall forward the same, together with security in the amount of $15, to the office specified on such appearance ticket.
Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, the security posted to secure such appearance shall be forfeited, and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.