[HISTORY: Adopted by the Board of Trustees
of the Village of Saranac Lake as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-28-2008 by L.L. No. 1-2008; amended in its entirety 8-12-2019 by L.L. No. 3-2019]
As used in this article, the following terms shall have the
meanings indicated:
Any living creature, except human beings.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal.
A person will be considered to have disposed of dog feces
in a sanitary manner if such person places such material in a secure
and leakproof bag or wrapper made of paper, plastic or some other
similar material which is then placed in a garbage or refuse container
for deposit in a duly permitted and authorized solid waste disposal
facility; or otherwise disposes of such material on his/her own property.
Any member of the species Canis familiaris.
Any domesticated sheep, horse, cattle or fallow deer, red
deer, sika deer or whitetail deer, which is raised under license from
the Department of Environmental Conservation, llama, goat, swine,
fowl, duck, goose, swan, turkey, confined domestic hare or rabbit,
pheasant or other bird, which is raised in confinement under license
from the Department of Environmental Conservation before release from
captivity, except that the varieties of fowl commonly used for cock
fights shall not be considered domestic animals for the purposes of
this article.
A dog that barks, whines, howls, growls, etc., for repeated
intervals of at least four minutes, with less than 15 minutes of interruption
between the intervals, which can be heard by any person, including
a law enforcement officer or dog control officer, from a location
outside of the dog owner's or dog caretaker's premises.
To provide food and/or shelter to any dog or other animal.
Any companion animal or domestic animal, excluding dogs,
carrying a tag bearing the name and contact information of the owner
of such animal.
A dog carrying a New York State license identification tag.
Restrained by a leash that does not exceed eight feet in
length or, if retractable, which can be retracted to eight feet in
length, attached to a collar or harness of sufficient strength to
restrain the animal and which shall be held by a person having the
ability to control the animal.
The keeping or harboring of any animal which by habitual
howling, yelping, barking, crowing or other noise disturbs the peace
and quiet of nearby property or which would cause annoyance or discomfort
to a reasonable person of normal sensitivity in the area.
Any person who keeps, harbors, or has custody, care or control
of an animal. Animals owned by minors shall be deemed to be in the
custody and control of the parent or guardian of such person, or the
head of the household wherein such minor resides.
All property within the corporation limits of the Village
of Saranac Lake which is not public property, including, but not limited
to, all residential and commercial property, private streets, private
rights-of-way, private sidewalks, the grassy areas located adjacent
to private streets, rights-of-way and sidewalks, and any common areas
of multiple-residence buildings, including condominiums or cooperatives.
Any property owned, occupied or controlled by the Village
of Saranac Lake, the State of New York, or any other municipal corporation
or a school district, including, but not limited to, parks, streets,
sidewalks and grassy areas adjacent to public streets and sidewalks.
An unleashed animal off of the premises of the owner and
on any public or private lands without the knowledge, consent and
approval of the owner of such lands.
It shall be unlawful for any owner to permit or allow:
A.
A dog to run at large. In addition, no person shall remove the leash,
harness or collar of any dog, or cause such leash, harness or collar
to be removed, or entice any dog out of any enclosure, house or grounds
of the owner or harborer, or release such dog to run at large.
B.
A dog to engage in habitual loud howling, barking or whining or to
cry in an unreasonable manner, or to conduct itself in such a manner
as to habitually annoy any person other than the owner of the dog.
C.
A dog, companion animal or domestic animal to cause damage or destruction
to public property or property or another, or to defecate, urinate,
dig or otherwise commit a nuisance upon any property other than that
of the owner. Any person who owns or has custody of a dog which has
deposited its feces upon any public or upon the property of another
shall immediately remove such feces or cause the same to be removed
and shall dispose of it in a sanitary manner. The provisions of this
subsection shall not apply to:
(1)
The deposit by a dog of its feces on its owner's or custodian's own
property, or upon the property of another with the express permission
of the owner of such property;
(2)
Any dog owned by the Village of Saranac Lake Police Department or
the New York State Police and used for law enforcement purposes; and/or
(3)
Any dog which serves as a guide dog while such dog is accompanying
a blind person.
D.
A dog, companion animal or domestic animal to bite, chase, jump upon
or otherwise harass any person in such a manner as to cause intimidation
or put such person in reasonable apprehension of bodily harm or injury.
E.
A dog to chase, leap upon, or otherwise harass persons on or in bicycles
or motor vehicles.
F.
A dog, companion animal or domestic animal to kill or injure any
dog, companion animal or domestic animal.
G.
A dog to be unlicensed when four months of age or older.
H.
A dog to fail to have its current and valid New York State license
identification tag on its collar or harness.
I.
A rooster or other fowl to engage in crowing or other noise that
may be considered a nuisance.
A.
Any dog control officer, peace officer, Code Enforcement Officer
or police officer in the employ of or under contract to the Village
of Saranac Lake, or any other law enforcement officer, is authorized
to issue an appearance ticket, uniform appearance ticket, or a uniform
appearance ticket and simplified information for the violation of
any provision of this article. Any such officer is authorized to seize:
(1)
Any dog running at large or in violation of any of the provisions
of this article or in violation of any state law or regulation, pursuant
to § 118 of the Agriculture and Markets Law.
(2)
Any unidentified companion animal or domestic animal found running
at large or in violation of any of the provisions of this article
or in violation of any state law or regulation.
(3)
Any dog, companion animal or domestic animal which is not in the
control of its owner or custodian or which poses an immediate threat
to public safety.
B.
Every animal seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 118 of
Agriculture and Markets Law. Promptly upon the seizure of an identified
dog, the owner shall be notified in accordance with § 118
of Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of current licensing and rabies vaccination and by paying the impoundment, kenneling and other fees set forth in § 68-4A of this article. Seized cats and ferrets may be redeemed by producing proof of current rabies vaccination and by paying kenneling fees set forth in § 68-4B of this article. Seized companion animals, excluding cats and ferrets, and domestic animals may be redeemed by paying kenneling fees set forth in § 68-4C of this article.
D.
If the owner of any unredeemed dog, companion animal or domestic animal is known, such owner shall be responsible for and required to pay the impoundment and/or kenneling fees set forth in § 68-4 of this article whether or not such owner chooses to redeem the animal.
E.
Any animal unredeemed at the end of the appropriate redemption period
may be made available for adoption or may be euthanized at the cost
of such owner, pursuant to § 118 of Agriculture and Markets
Law.
A.
For any impounded dog, excluding dogs seized pursuant to a dangerous
dog complaint, the owner shall pay the following fees:
|
Offense
|
Impoundment Fee
|
Kenneling Fee
|
|---|---|---|
|
First impoundment of any dog owned by that person
|
$10
|
Plus a kenneling fee of $10/day
|
|
Second impoundment of any dog owned by that person within 1
year of the first impoundment
|
$20
|
Plus a kenneling fee of $10/day
|
|
Third and subsequent impoundments within 1 year of the first
impoundment of any dog owned by that person
|
$30
|
Plus a kenneling fee of $10/day
|
B.
For any impounded cat or ferret, the owner shall pay a kenneling
fee of $5 per day.
C.
For any impounded companion animal, excluding cats and ferrets, or
domestic animal, the owner shall pay a kenneling fee appropriate to
the provisions and labor required to provide care for that animal.
D.
For any dog impounded pursuant to a dangerous dog complaint, the
owner shall pay a fee of:
|
Offense
|
Impoundment Fee
|
Kenneling Fee
|
|---|---|---|
|
First impoundment of any dog owned by that person
|
$10
|
Plus a kenneling fee of $20/day
|
|
Second impoundment of any dog owned by that person within 1
year of the first impoundment
|
$20
|
Plus a kenneling fee of $20/day
|
|
Third and subsequent impoundments within 1 year of the first
impoundment of any dog owned by that person
|
$30
|
Plus a kenneling fee of $20/day
|
E.
All fees due and owing pursuant to this article shall be paid prior
to the release of an animal to its owner. If any fees are not paid,
the Humane Society or other such agency contracted by the Village
may refuse to release the animal and may dispose of the animal in
accordance with and as permitted by the Agricultural and Markets Law
of New York State. In the event that a court rules that an animal
has to be destroyed or should an owner refuse to redeem or accept
the return of a seized or captured animal and it is determined that
the animal must be destroyed, all of the costs of destroying the animal
that are incurred by the Village, Humane Society or other such contracting
agency are the responsibility of and may be recovered from the animal's
owner.
Unless otherwise specifically provided in the Agriculture and
Markets Law, any person convicted of a violation of this article shall
be liable to a fine not exceeding $50 for a first violation, not exceeding
$100 for a second violation and not exceeding $250 for each subsequent
violation.
[Adopted 5-12-2008 by L.L. No. 2-2008; amended in its entirety 8-12-2019 by L.L. No. 3-2019]
As used in this article, the following terms shall have the
meanings indicated:
To directly or indirectly deposit, distribute, expose, give,
place or scatter in any location accessible to waterfowl any type
of food, other sustenance or edible material that is intended or liable
to be eaten by waterfowl.
Those species of birds commonly known as "geese" and "ducks,"
and all other birds classified within the biological family Anatidae,
whether migratory, nonmigratory or resident.
No person shall feed, cause to be fed or provide food to waterfowl
within the Village of Saranac Lake. No person shall allow, cause or
foster any condition to exist or continue, with the intention of or
which results in causing a congregation or congestion of waterfowl
within the Village of Saranac Lake.
A.
This article is not intended to apply to waterfowl confined in duly
authorized and licensed zoos, animal parks, rehabilitation centers
or environmental education centers; provided, however, that such waterfowl
are at all times securely confined in appropriate cages, pens or enclosures.
B.
This article is not intended to apply to waterfowl raised or kept
incident to and in the course of legitimate agricultural operations;
provided, however, that such waterfowl are at all times securely confined
in appropriate cages, pens or enclosures.
Any person who violates any provision of this article shall
be guilty of a violation and, upon conviction, shall be fined not
less than $50 nor more than $250 for each offense. Each day any such
violation continues shall constitute a separate offense. The imposition
of any fines under this article shall not prevent the enforced abatement
of any unlawful condition by the Village.
This article shall be enforced by the Police Department of the
Village of Saranac Lake. The Village's Animal Control Officer(s) and
Code Enforcement Officer(s) shall also have enforcement authority.
Notwithstanding the other penalties and remedies herein provided,
the Village Board may maintain an action or proceeding in the name
of the Village in a court of competent jurisdiction to compel compliance
with this article, or to restrain by injunction the violation of any
provision of this article. The foregoing provisions for the enforcement
of this article are not exclusive, but are in addition to any and
all other laws applicable thereto.
