The purpose and intent of this chapter shall
be to preserve the public peace and good order of the Village of Hamilton,
Madison County, New York, to contribute to the public welfare and
to the preservation and protection of the property and the person
of the inhabitants of said Village by declaring and enforcing certain
regulations and restrictions on activities of dogs and owners of dogs
within the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
AT LARGE
Any dog shall be deemed "at large" when it is off the property
of its owner and not under restraint.
DOG
Any member of the species Canis familiaris.
[Amended 1-14-1992 by L.L. No. 1-1992]
OWNER
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head of the
household where the minor resides.
RESTRAINT
A dog is under restraint when it is controlled by a leash,
said leash not to be in excess of six feet, or in the presence of
a competent person and obedient to that person's commands; or on or
within a vehicle being driven or parked on the street, or within the
property limits of its owner or keeper or upon the premises of another
with the consent of such other person.
The position of Dog Warden may be created by
the Village Board of Trustees of the Village of Hamilton, and such
Dog Warden shall have all of the powers of a peace officer in the
execution of this chapter and in the execution of Article 7 of the
Agriculture and Markets Law, including the service of summons, and
the service and execution of any other order or process. Every dog
seized by the Dog Warden shall be maintained, redeemed, sold or destroyed
in accordance with Article 7 of the Agriculture and Markets Law.
[Amended 1-14-1992 by L.L. No. 1-1992]
This chapter shall not apply to any dog exempted
by § 107 of the New York State Agriculture and Markets Law.
[Amended 11-14-1978 by L.L. No. 2-1978; 1-14-1992 by L.L. No.
1-1992]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by the penalties set forth in Chapter
1, General Provisions, Article
II.
[Amended 1-14-1992 by L.L. No. 1-1992]
A. For a violation of §
52-4, the Dog Warden may, upon determination and identification of the dog, seize the same and hold the same for redemption or otherwise as provided in § 118 of the Agriculture and Markets Law; in addition to such seizure and, in any event, whether or not such seizure is made, the Dog Warden shall serve, mail or deliver to the owner of the dog a notice of second violation, which notice shall instruct the owner to report to the Village Clerk's office in regard to such violation. Each owner shall, within the time period set forth in § 118 of the Agriculture and Markets Law, pay to the Village an additional civil penalty for such violation, the sum of not to exceed $50.
B. The failure of such owner to make payment to the Village
Clerk shall render the owner subject to a civil action in the name
of the Village to recover from the owner the applicable penalty established
in this section.