[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:
Includes both male and female, whether licensed or unlicensed,
of any age.
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]
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]
To be in a public place or on property other than property
of the owner.
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.
[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.
