Village of Millerton, NY
Dutchess County
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[Adopted 10-11-1978 as Ch. 5, Art. II, of the 1978 Code]
A. 
Purpose. The Village Board of the Village of Millerton finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and other animals and damage to property and has created nuisances within the Village. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Village.
B. 
Authority. This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
[Amended 2-23-1998 by L.L. No. 1-1998]
As used in this article, the following words shall have the following respective meanings:
DOG
Includes both male and female, whether licensed or unlicensed, of any age.
DOG CONTROL OFFICER
Any person appointed by the Village Board or the Town Board of the Town of North East to enforce the provisions of this article or the provisions of the Agriculture and Markets Law.
[Amended 2-23-1998 by L.L. No. 1-1998]
OWNER
The person to whom a dog license is issued, unless the dog has been lost and such loss is reported to the Dog Control Officer. If an animal is not licensed, the word "owner" shall mean the person who owns or harbors a dog. In the event that any dog is owned by a minor, the head of the household in which said minor resides shall be deemed to be the owner of the dog for purposes of this article.
[Amended 2-23-1998 by L.L. No. 1-1998]
RUN AT LARGE
To be in a public place or on property other than property of the owner.
VILLAGE
The area within the corporate limits of the Village of Millerton.
A. 
It shall be unlawful for the owner of any dog to permit or allow such dog within the Village to:
(1) 
Run at large unless the dog is restrained by an adequate leash.
(2) 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner as to unreasonably disturb the comfort or repose of any person other than the owner of such dog.
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
(4) 
Chase, jump upon or at or otherwise harass any person in such a manner as to put such person in reasonable apprehension of bodily harm or injury.
(5) 
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner of said dog.
(6) 
Create a nuisance by defecating, urinating or digging on property other than the property of the owner.
(7) 
Attack another animal on property other than the property of the owner.
B. 
Proof that a dog has committed any of the acts prohibited by Subsection A above shall be presumptive evidence that the owner of such dog has permitted or allowed such conduct.
[Amended 9-13-1989 by L.L. No. 3-1989; 2-23-1998 by L.L. No.1-1998]
A conviction for a violation of this article shall be deemed a violation and shall be punishable as provided in § 119 of the Agricultural and Markets Law.
[Amended 2-23-1998 by L.L. No. 1-1998]
The Mayor shall be authorized to prescribe a form for an appearance ticket, information and answer pursuant to Subdivision 2 of § 124 of the Agriculture and Markets Law for any violation of this article. Appearance tickets and answers thereto shall be governed by the provisions of § 150.10 et seq. of the Criminal Procedure Law and § 114, Subdivision 4, of the Agriculture and Markets Law.