[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 5, Art. I, of the 1971 Code]
No person, firm or corporation shall keep or maintain within
the limits of the Village of New Hartford any chickens, ducks, geese
or other fowl, pigs, cows, horses, foxes or any other animals except
dogs and cats.
[Amended 9-11-1994 by L.L. No. 1-1994]
There shall be a penalty not to exceed $250 or a term of imprisonment
for not more than 15 days, or both, for each violation of the provisions
of this section, and each day that the illegal conditions shall exist
shall constitute a separate violation thereof.
[Adopted 9-11-1994 by L.L. No. 1-1994]
It shall be unlawful for any owner of or any person harboring
any dog in the Village of New Hartford to permit or allow such dog,
whether or not tagged or licensed, to:
A.
Run at large
unless said 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 purposes of this article, a dog or dogs hunting 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 annoy any person other than the owner or person
harboring such dog. Howling or barking audible from a location beyond
the owner's or caretaker's premises for five minutes or more with
less than a one-minute interruption shall constitute habitual loud
howling or barking in violation of this subsection.[1]
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 a dog.
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 or bark at motor vehicles.
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to the premises of such person during such period.
Any Animal Control Officer or other proper authority designated
by the Village Board as provided by § 118 of the Agriculture
and Markets Law and other applicable laws and provisions may enforce
the provisions of this article and may also investigate any dangerous
dog and file a complaint with the local justice as described in § 123
of the Agriculture and Markets Law and see that the order or orders
of the local justice in such case are carried out.
[Amended 1-19-2018 by L.L. No. 1-2018]
Any person who observes a dog causing damage or destruction to property of a person other than its owner, committing a nuisance upon the premises of a person other than its owner or in violation of any provisions of §§ 54-1 and 54-2 may file a signed complaint, under oath, with a Town Justice of the Village of New Hartford specifying the objectionable conduct of the dog, the date thereof, the damage caused or other violation, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
[Amended 1-19-2018 by L.L. No. 1-2018]
Upon receipt by the Town Justice of any complaint against the
conduct of any particular dog, the Town Justice may summon the alleged
owner or other person harboring said dog to appear in person before
him. If the summons is disregarded, the Justice may permit the filing
of an information and issue a warrant for the arrest of such person.
A.
Any person who violates this article or knowingly permits the violation
of this article or any of the provisions thereof shall be punishable
under § 118 of the Agriculture and Markets Law.
B.
In addition thereto, the seizure of unleashed dogs shall be as provided
for in § 117 of the Agriculture and Markets Law and all
provisions thereof.
