[Adopted 2-24-1976 by L.L. No. 1-1976]
The purpose of this article shall be to promote
the health, safety, morals and general welfare of the residents of
the Village of Yorkville, including the protection and preservation
of the property of the residents and inhabitants of the Village of
Yorkville and of their peace and good order, by adopting and enforcing
certain regulations and restrictions on the privileges of the owners
and harborers of dogs and by imposing restrictions upon the keeping
and running at large of dogs within the Village of Yorkville.
It shall be unlawful for any owner of or any
person harboring any dog in the Village of Yorkville to permit or
allow such dog, whether or not tagged or licensed:
A.
To 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.
To 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.
C.
To cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner or person
harboring such a dog.
D.
To 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.
To 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.
[Amended 3-2-1993 by L.L. No. 1-1993; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
An animal control officer or other proper authority
designated by the Town Board of the Town of Whitestown, Oneida County,
New York, as provided by § 113 of the Agriculture and Markets
Law and other applicable laws and provisions, may enforce the provisions
of this article and issue an appearance ticket pursuant to § 113
of the Agriculture and Markets Law and may also investigate and report
to a Town Justice any dangerous dog as described in § 123
of the Agriculture and Markets Law and see that the order or orders
of the Town Justice in such case are carried out.
[Amended 3-2-1993 by L.L. No. 1-1993]
A.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or in violation of any provisions of §§ 58-2 and 58-3 may file a signed complaint, under oath, with a Town Justice of the Town of Whitestown specifying the objectionable conduct of the dog, the date thereof, the damage caused or other violation, a description of the dog and the residence, if known, of the owner or other person harboring said dog.
B.
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.
[Amended 3-2-1993 by L.L. No. 1-1993; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person
in violation of anything in this article or who knowingly permits
the violation of anything in this article or any of the provisions
thereof shall be deemed to have committed a violation, punishable
by a fine of not less than $10 for the first offense, $25 for the
second offense and $50 for the third offense, with a maximum fine
of not more than $100.
[Amended 3-2-1993 by L.L. No. 1-1993]
In addition thereto, the seizure of unleashed
dogs shall be as provided for in § 118 of the Agriculture
and Markets Law and all provisions thereof.
