[Adopted 6-24-1959 (Ch. 14 of the 1993 Code)]
As used and intended in this article and for the purposes hereof, unless the context otherwise indicates, the following words shall have the meanings indicated:
ADULT DOG
Any dog over the age of six months.
CONFINED
As applied to a dog shall mean that such animal is securely confined or restrained and kept on the owner's premises, within either a building, kennel or other suitable enclosure. If the animal is being transported, it is to be securely confined in a crate or other container or so restrained in a vehicle that it cannot escape therefrom.
DOG
Both male and female.
OWNER
Any person or persons, firm, association or corporation who or which at any time owns or has custody or control of or harbors or is otherwise responsible for any dog which is kept, brought or comes within the corporate limits of the Village of Phoenix, New York. If the dog owner is not of legal age, the parent, guardian or other adult person with whom the minor dog owner is staying or residing will be held responsible.
Any dog or dogs harbored or kept by any person on any premises owned or occupied in whole or in part by him or her within the corporate limits of the Village of Phoenix, New York, shall be cared for, maintained and handled in a manner which shall be sanitary and which shall prevent noises such as barking, howling, fighting or whining at any time which may disturb the peace, comfort and quiet of the neighborhood.
No dog shall be permitted to run at large within the corporate limits of the Village of Phoenix, New York. A dog shall be determined to be at large if elsewhere than on the premises of the owner or not accompanied by the owner or his or her agent having said dog under his or her control at all times so as not to harm, injure or destroy the person or property of another. Where a dog does not readily obey commands by the owner or his or her agent, said dog shall be leashed when off the owner's premises.
[Added 8-18-1998 by L.L. No. 2-1998]
The owner of any dog shall, by suitable means, pick up any dog defecation immediately after such defecation and properly dispose of the same when the dog is not on the owner's property within the village.
A. 
The owner of any dog which bites or attempts to bite or otherwise attacks or causes injury to any person within the corporate limits of the Village of Phoenix shall, immediately after having been notified or having such knowledge of any such biting, attack or injury, report the same to the Police Department, Village of Phoenix, and cause the dog to be securely confined for a period of 10 days.
B. 
Upon expiration of such ten-day period of confinement, the owner shall, at his or her own cost and expense, cause said dog to be examined by a competent veterinarian to be certain whether such dog is free of disease and not rabid. The owner shall procure from such examining veterinarian a certificate so stating. The owner shall then file such certificate with the Chief of Police, Village of Phoenix, who, if the dog is free of disease and not rabid, may, if such owner shall have otherwise complied with the other ordinances of the Village of Phoenix and state statutes pertaining to dogs, permit the release of such dog from confinement.
C. 
If upon examination such dog is found diseased or rabid, both the owner thereof and such examining veterinarian shall immediately report the same to the Chief of Police and the Town Health Officer, and such dog shall thereafter be disposed of as provided for by the state statutes.[1]
[1]
Editor's Note: Original § 14-5, Rabies vaccination, which immediately followed this section, was deleted 2-16-1999 by L.L. No. 1-1999.
A. 
Any dog determined to be vicious or ferocious must be kept securely confined in accordance with § 72-1 of this article.
B. 
A dog shall be deemed to be vicious or ferocious if said dog bites, attacks, injures or causes personal bodily harm to any person or persons on more than one occasion.
[Amended 2-16-1999 by L.L. No. 1-1999]
Any dog found off the premises of the owner in violation of any provisions of this article may be apprehended and impounded by any peace officer or Dog Control Officer. If the dog is tagged, notice shall be given forthwith to the owner of such seizure. The owner may reclaim such dog upon procuring a license, if unlicensed, and payment to the Village Clerk of the Village of Phoenix of the impoundment fee as set forth in § 118 of the Agriculture and Markets Law. Payment of this fee shall be in addition to any penalty prescribed for the violation of this article. If said dog is unclaimed it shall be dealt with in accordance with the provisions of § 118 of the Agriculture and Markets Law. If said dog is tagged but not reclaimed by the owner as aforesaid within 72 hours after notice of seizure given as aforesaid, the dog shall be killed or held by said peace officer or Dog Control Officer.
In the event of the sale of an unclaimed licensed dog, the sale price of the dog shall be no less than the charges proposed by the village for impounding and keeping the dog for the period to date of completion of sale. Such transaction must be made by the purchaser obtaining a dog license and paying full charges to the Village Clerk.
[Amended 2-16-1999 by L.L. No. 1-1999]
The impoundment fees and penalties established in this article shall not apply to violations of the licensing provisions of the Agriculture and Markets Law.
[Amended 2-16-1999 by L.L. No. 1-1999]
Violations of this article shall be subject to the penalties provided in § 119, Subdivision 2(a), of the Agriculture and Markets Law.