[Adopted 3-19-1973 by Ord. No. 38]
The provisions of this article shall apply to
any owner of a dog residing within or any person harboring a dog within
or any person, owner or otherwise, bringing a dog within the Village
of Montour Falls, County of Schuyler, State of New York.
It shall be unlawful for any owner of or any
person harboring or any person, owner or otherwise, bringing a dog
within the Village of Montour Falls to permit or allow such dog to:
A.
Run at large, while off the owner's premises, unless
such dog is restrained by an adequate collar and leash or unless accompanied
by its owner or a responsible person able to control the animal. For
the purpose of this article, a dog or dogs in company with a hunter
or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling or barking or to conduct
itself in such manner so as to habitually or unreasonably annoy any
person other than the owner or person harboring such dog.
C.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
D.
Chase or otherwise harass any person or animal in
such a manner as to reasonably cause intimidation or to put such person
or animal in reasonable apprehension of bodily harm or injury.
E.
Habitually or unreasonably chase or bark at vehicles.
F.
Leave dog waste on any property within the Village of Montour Falls
except property owned by the dog owner.
[Added 6-20-2013 by L.L. No. 3-2013]
Any peace officer or police officer is authorized to seize and impound any dog not restrained or controlled and not on the owner's premises and in violation of § 51-2A hereinabove. Every dog so seized shall be impounded at the Schuyler County Dog Pound and shall be properly fed and cared for.
If a dog so seized bears a license tag, the
seizing officer shall ascertain the owner of the dog and shall give
immediate notice by personally serving such owner or an adult member
of the household of the owner with a notice, in writing, stating that
the dog has been seized and will be destroyed unless redeemed within
the period herein provided. If a dog so seized does not bear a license
tag, the seizing officer shall take all steps necessary to ascertain
the owner of the dog and shall give notice as hereinabove provided
as if the dog bears a license tag.
The owner of a dog seized may redeem the dog
within seven days after having been personally served with a written
notice, as hereinabove provided, upon payment to the Clerk of the
Village of Montour Falls of the sum of $5 as the cost of seizure,
plus all reasonable and necessary expense in connection with impounding
and harboring said dog.
Any dog not redeemed under the provisions hereof
shall be destroyed or sold by the operator of the Schuyler County
Dog Pound or his/her representative.
[Added 8-21-1995 by L.L. No. 4-1995]
Any person owning or having the care, custody,
control or charge of any unspayed female dog shall confine such unspayed
female dog and shall not allow or permit said unspayed female dog
to run at large within the Village of Montour Falls when said dog
is in oestrum (heat season).
[Amended 6-20-2013 by L.L. No. 3-2013]
The animal control officer of the Schuyler County
Sheriff's Department or any other authorized enforcement official
shall enforce the provisions of this article, and may issue appearance
tickets in connection therewith, and may also investigate and report
to the Village Justice of the Village of Montour Falls any dangerous
dog as described in the Agriculture and Markets Law and further see
that the order or orders of the Village Justice in each case are properly
carried out.
A.
Any person who observes a dog whose actions are in violation of the provisions of § 51-2 of this article may file a signed complaint, under oath, with the Village Justice of the Village of Montour Falls specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the dog or other person harboring said dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, the Village Justice may
summon the alleged owner or other person harboring said dog to appear
in person before him/her. If the summons is disregarded, the Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
[Amended 8-21-1995 by L.L. No. 4-1995]
A.
Any owner of or any person harboring or any person, owner or otherwise, bringing a dog within the Village of Montour Falls who violates or allows a dog to violate any of the provisions of § 51-2 of this article shall be subject to a fine of $250 for each offense.
B.
Any person who violates this article or knowingly
permits the violation of this article or any of the provisions thereof
shall be deemed to have committed an offense against this article,
and any person convicted of such violation after investigation and
hearing shall be liable to a penalty of not more than $250 for each
violation.
