[HISTORY: Adopted by the Board of Trustees
of the Village of Kinderhook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-9-1983 by L.L. No. 2-1983 (Ch.
45 of the 1978 Code)]
The purpose of this article is to protect the
health, safety and well-being of persons and property by imposing
restrictions and regulations upon the keeping or running at large
of dogs and the seizure thereof within the Village.
[Amended 9-10-2003 by L.L. No. 2-2003;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is enacted pursuant to the provisions
of § 122 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be "Dog Control
Law of the Village of Kinderhook."
As used in this article, the following terms
shall have the meaning indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog, unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is a police work-dog in use for
police work or accompanied by its owner or other responsible person
and is actively engaged in hunting or training for hunting on unposted
land or on posted land with the permission of the owner of the land.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person or the head of the household in which the
person resides.
It shall be unlawful for any owner of any dog
to permit or allow such dog in the Village of Kinderhook, to:
A.
Be at large.
B.
Engage in habitual loud howling, barking, crying or
whining or to conduct itself in such a manner so as to unreasonably
and habitually annoy any person.
C.
Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog. All such feces must be immediately
removed and disposed of by the owner or such other person having control
of the offending animal.
[Amended 9-10-2003 by L.L. No. 2-2003]
D.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
F.
In the case of a female dog in season, be outside
of a building or a secure enclosure throughout the period of season.
G.
In the case of a dog known to be dangerous, as defined
in Agriculture and Markets Law § 108, be other than kenneled
or securely leashed at all times on the owner's property with an appropriate
warning posted on the owner's premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
In the case of a security or guard dog, no such dog
shall be kept unless registered with the Village Clerk.
I.
Be left unattended in confinement for a period exceeding
24 hours.
J.
Be kept in premises, structures or enclosures which
are unclean or unsanitary.
K.
Be teased, whipped or tortured.
L.
Be kept in a kennel of three or more dogs of six months
old without a permit from the Village Board.
This article shall be enforced by any Dog Control
Officer, peace officer, when acting pursuant to special duties, or
police officer in the employ of or under contract to the Village of
Kinderhook.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any dog found in violation of the provisions of § 55-5 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption periods set forth in § 117
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the minimum impoundment
fees set forth in § 117 of said article.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem the dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 117 of the Agriculture and
Markets Law.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Town of Kinderhook, specifying the nature of the violation, the date
thereof, a description of the dog and the name and residence, if known,
of the owner of such dog. Such complaint may serve as the basis for
enforcing the provisions of this article.
Any Dog Control Officer, peace officer, when
acting pursuant to special duties, or police officer in the employ
of or under contract to the Village of Kinderhook observing a violation
of this article in their presence shall issue and serve an appearance
ticket for such violation.
[Amended 9-10-2003 by L.L. No. 2-2003;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in Agriculture
and Markets Law § 118, any person found guilty of a violation
of the provisions of this article shall be punishable by a fine of
not more than $250, imprisonment for not more than 15 days, or both
such fine and imprisonment.
