[HISTORY: Adopted by the Board of Trustees of the Village Middleport 11-21-2016 by L.L. No. 1-2016.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch. 63, adopted 6-19-1989 by L.L. No. 2-1989.
As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person designated as an owner on a dog license filed with a Town or Village Clerk or other licensing municipality, or any person harboring or having the care, custody or charge of any dog, or any person who allows or permits a dog to remain habitually on or about any premises occupied by him. More than one person may qualify as an owner pursuant to this article.
RUNNING AT LARGE
Any dog roaming, wandering, walking or running off of the property of its owner.
No owner shall allow or permit any dog to run at large within the corporate limits of the Village of Middleport unless effectively restricted or controlled by a person capable of controlling said dog by means of a leash not exceeding 10 feet in length.
Any dog running at large within the corporate limits of the Village of Middleport in violation of this chapter may be seized and impounded by the Code Enforcement Officer, other individual designated by the Village Board, or any police officer in accordance with Article 7 of the Agriculture and Markets Law of the State of New York.
The Code Enforcement Officer, other individual designated by the Village Board, or any police officer may enforce the provisions of this article.
A violation of this article shall constitute an offense punishable by a fine of not more than $250 or imprisonment for not more than 15 days or both such fine and imprisonment.
The Village Board finds that harboring of farm animals and excessive number of domestic pets within the corporate boundaries of the Village of Middleport would negatively affect the quality of life of Village residents and could subject Village residents to certain nuisances, unsanitary conditions and potential health issues, diminution of property values, public health, safety and the public's general welfare. Further, close proximity of properties in the Village does not provide sufficient space for the healthy atmosphere for the animals. This article is enacted for the purpose of promoting the public health, safety and general welfare of the residents of the Village of Middleport.
As used in this article, the following terms shall have the meanings indicated:
DOMESTIC PET
Any animal that is not included in the definition of "farm animal" and that is domesticated and/or tamed, is kept for the purpose of companionship or amusement, and is cared for affectionately, including but not limited to dogs, cats, and rabbits.
FARM ANIMAL
Any animal of a barnyard nature, or that is normally raised or kept on a farm, including but not limited to chickens, goats, cattle, horses, donkeys, mules, ponies, fowl, water fowl, turkeys, swine, sheep, llamas, and alpacas, but excluding cats, dogs, and pet rabbits.
HARBOR
Any housing of, providing living arrangements for, maintenance of, feeding of, keeping of, or caring for any animal for longer than 24 hours.
A. 
No person shall harbor, or cause to be harbored, any farm animal within the corporate limits of the Village of Middleport.
B. 
Any person already harboring a farm animal or animals within the Village as of the date of the introduction of this article shall have six months from the date this article becomes effective to cease doing so.
C. 
Exception for school districts. This section shall not apply to animals harbored for educational purposes on premises owned or occupied by a school district.
A. 
No person shall harbor, or cause to be harbored, domestic pets in excess of the numbers set forth below at any residence in the Village of Middleport:
(1) 
Three dogs.
(2) 
Four cats.
(3) 
Three rabbits.
(4) 
Five domestic pets of any type, total.
B. 
This provision shall not apply to animals less than four months old.
C. 
Existing animals. In the event that, at the time of the introduction of this article, an owner or occupant of a residence has a number of dogs, cats, or rabbits in excess of the numbers listed above, provided that they are not a nuisance and are kept in sanitary conditions, the owner shall be permitted to keep the dogs, cats, and rabbits owned at the time of the introduction of this article until such time as they die, are given away, or are lost. However, no additional dogs, cats, or rabbits shall be permitted to be harbored at the residence if such would bring the total above that permitted. In any enforcement action under this article, if the defense in this Subsection C is raised, it shall be the owner or occupant's burden to prove, by a preponderance of evidence, that they harbored the animal(s) in question in the Village prior to the date of introduction.
D. 
Emergency exception. Village residents may harbor up to two additional domestic pets, on a temporary basis not to exceed three months, if necessitated by an emergency situation rendering a relative who normally harbors the animals unable to do so, or necessitated by the military deployment of a relative who normally harbors the animals. In any enforcement action it shall be the owner or occupant's burden to prove the applicability of this Subsection D by a preponderance of the evidence.
The Code Enforcement Officer, other individual designated by the Village Board, or any police officer may enforce the provisions of this article.
A violation of this article shall constitute an offense punishable by a fine of not more than $250 or imprisonment for not more than 15 days or both such fine and imprisonment. Each day's continued violation shall constitute a separate offense.