[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 5-3-1972 by L.L. No. 1-1972. Amendments noted where
applicable.]
The purpose of this chapter shall be to preserve
the public peace and good order in the Village of Shortsville, to
contribute to the public welfare and to preserve and protect the person
and the property of the inhabitants by declaring and enforcing certain
regulations and restrictions on the activities of dogs within the
Village of Shortsville.
The title of this chapter shall be "Dog Control
Law of the Village of Shortsville."
As used in this chapter, the following words
shall have the following respective meanings.
The person authorized by the Board of Trustees to enforce
all regulations with respect to dogs and cats within the Village.
[Amended 1-8-2002 by L.L. No. 1-2002]
Other than on the premises of the owner or on the premises
of another person without the knowledge, consent and approval of said
other person.
Both male and female dogs, both licensed and unlicensed.
Any person who is an owner of a licensed dog and any person
who keep, feeds or harbors a dog for over one week.
It shall be unlawful for any owner of or any
person harboring any dog in the Village of Shortsville to permit or
allow such dog 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 purpose of this chapter,
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 a manner so as to habitually 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 a
person harboring such 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 or cycles.
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.
[Amended 1-8-2002 by L.L. No. 1-2002]
This chapter shall be enforced by the Animal
Control Officer or by the Village Police Department or any other law
enforcement officer.
Any unlicensed or untagged dog found to be running
at large in violation of § 118 of the Agriculture and Markets
Law shall be subject to seizure, and any dog found to be running at
large during the period of a night quarantine in violation of § 123
of the Agriculture and Markets Law or any dog found to be running
at large during the period of a quarantine to prevent deer depreciation
in violation of § 122 of the Agriculture and Markets Law
shall be subject to the provisions of such laws and shall be impounded
and taken to such place as may be designated by the Board of Trustees
as a place of detention.
[Amended 1-8-2002 by L.L. No. 1-2002]
In the event that the dog seized bears a license
tag, the person seizing the dog shall thereafter ascertain the name
of the owner and give notice to the owner, in writing, that the dog
has been seized, indicating when, where and why the dog was seized
and stating that the dog will be destroyed unless redeemed or a trial
is demanded within seven days after notice.
[Amended 1-8-2002 by L.L. No. 1-2002]
In the event that the dog seized does not bear
a license tag and the owner is unknown, the Animal Control Officer
or other law enforcement officer shall be authorized to destroy the
dog five days after impounding.
[Amended 1-8-2002 by L.L. No. 1-2002]
After any such seizure or impounding, the record
owner of such dog so seized and impounded shall be notified personally
or by affixing a written notice to the owner's last known residence.
Such dog so seized or impounded shall be held for a period of five
days, during which period such dog shall be fed and properly cared
for at the normal rate so charged by the pound or place where the
dog is held in custody. During said period, the owner of such dog
may recover the same during the business hours of the pound or place
of keeping by producing a license for such dog and by paying the sum
as provided in § 118, Subdivision 4 of the Agriculture and
Markets Law for seizure and impoundment plus the normal rate of charge
for each day, or part thereof, for the keeping, feeding and caring
for such dog while in custody. Said sum is to be paid to the Village
Clerk/Treasurer who will issue a receipt.
A.
Any person who observes a dog in violation of this
chapter or who observes a dog causing damage or destruction to the
property of a person other than its owner may file a complaint, under
oath, with a Village Justice 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 owner or other
person harboring said dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, such Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him. If the summons is disregarded, he may permit the
filing of an information and issue a warrant for the arrest of such
person.
In the event that the owner of the dog desires
a trial, he shall post bail of $25, pay for the care of the dog while
impounded and demand a trial before the Village Justice.
If an impounded dog is not redeemed or a trial
is not demanded within the time hereinbefore set forth pursuant to
the Agriculture and Markets Law, the owner shall forfeit title to
the dog and such dog may thereafter be sold by the Village or destroyed.
In the event that it becomes necessary to destroy
a dog, the Warden or other law enforcement officer shall arrange for
the destruction of the dog and make a report in writing of such destruction
to the Village Clerk/Treasurer. The Village Clerk/Treasurer shall
keep a record of the destruction for one year.
[Added 7-26-1977 by L.L. No. 3-1977;
amended 1-8-2002 by L.L. No. 1-2002]
The Animal Control Officer, having reasonable
cause to believe that a person has violated this chapter, shall issue
and serve upon such person an appearance ticket for such violation.
The appearance ticket shall be in the form prescribed by the Board
of Trustees by resolution in accordance with the provisions of § 124
of the Agriculture and Markets Law and this chapter. An answer to
such appearance ticket may be made within five days of the violation
by registered or certified mail, return receipt requested, in lieu
of a personal appearance on the return date at the time and court
specified in the appearance ticket, in accordance with the provisions
of § 124 of the Agriculture and Markets Law and this chapter.
A.
An offense against the provisions of this chapter
shall be deemed a violation, and the person convicted of such violation
shall be subject to a fine of not more than $25, except that where
the person was found to have violated this chapter within the preceding
five years, the fine may be not more than $50, and where the person
was found to have committed two or more such violations within the
preceding five years, he shall be punishable by a fine of not more
than $100 or imprisonment for not more than 15 days, or both.
[Amended 7-26-1977 by L.L. No. 3-1977;
amended 1-8-2002 by L.L. No. 1-2002]
B.
In addition, a dog found to be dangerous may be ordered
securely confined or destroyed, in the discretion of the court.
