[Adopted 10-7-1985 by L.L. No. 8-1985]
This article shall be known and may be cited
as "Dogs and Other Animals."
The purpose of this article shall be to preserve
the public peace and good order in the Village and to contribute to
the public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of other residents of
the Village.
It is the intent of the Village Board of Trustees
to preserve the relationship between a dog and its owner and at the
same time to protect the health, safety and property of others from
annoyance and damage caused by dogs.
As used in this article the following terms
shall have the meanings indicated:
The person appointed by the Village Board of Trustees who
will enforce the provisions of this article. The "Animal Control Officer"
shall have the power to issue appearance tickets, to serve a summons
and to serve and execute any other order or process in the execution
of the provisions of Article 7 of the Agriculture and Markets Law
of the State of New York.
A dog off the premises of the owner and in a public place
or on private lands without the knowledge, consent and approval of
the owner of such lands.
Any dog that conducts itself so as to cause bodily harm and
injury or to put any person in reasonable apprehension of such bodily
harm and injury.
Any member of the species Canis Familiaris.
To provide food and or shelter to any dog.
Equipped with a collar of sufficient strength attached to
a leash not more than six feet long, which leash shall be held by
a person having the ability to control and restrain the dog by means
of the collar and leash.
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week. The "owner" need
not be a resident of the Village of Montgomery, but, for a violation
to occur, the dog must be within the Village limits.
A.
It shall be unlawful for any owner of a dog, or any
person harboring any dog to permit or allow such dog while in the
Village of Montgomery, New York to run at large unless said dog, whether
or not tagged or licensed, is restrained by an adequate collar and
leash, rope or chain, or within a cage or motor vehicle or unless
accompanied by its owner or a responsible person able to control the
animal.
B.
No dog whether leashed or unleashed, shall be in any
restaurant, grocery or commercial establishment which sells food for
human consumption.
C.
No person owning or caring for any dog shall permit
such dog to continually bark or howl, where such barking or howling
is audible beyond the property line of the premises on which the dog
is located, for a period of 10 minutes or more within any one-hour
period of time or for a period of five minutes or more on more than
three separate occasions within any one-hour period of time.
[Amended 9-7-2010 by L.L. No. 1-2010]
D.
No person who owns a dog shall permit the premises,
structures or enclosures in which such dog is kept to be unclean or
unsanitary.
E.
No person shall keep or suffer to be kept a dog which
has attacked or placed in fear or apprehension any person peaceably
conducting himself in any place where such person may be lawfully,
or which has attacked, chased or worried domestic animals pursuant
to and in accordance with Article 7 of the Agriculture and Markets
Law of the State of New York, Chapters 220 and 221, Laws of 1978,
relating to licensing, identification and control of dogs, revised
January 1981.
F.
No owner or harborer of a dog shall permit or allow
such dog to urinate, defecate or commit any nuisance or damage to
public property in any park, public building, street, parking lot,
alley, sidewalk or on any private property of another without the
consent of such owner.
G.
No dog shall be permitted on the school grounds of
any school during the time of year when said schools are open and
between one hour prior to commencement of the school day to one hour
after the end of school day or upon a playground within the Village
of Montgomery at any hour during the time of year when playground
activities are conducted.
H.
No dog shall jump upon any person or knock any person
over.
I.
No dog shall cause damage to property of others, including,
but not by way of limitation, the upsetting or strewing of garbage
or refuse.
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 enclosed premises of such
person during such period.
The Village Board of Trustees shall appoint
an Animal Control Officer. It shall be the duty of the Animal Control
Officer to enforce the provisions of this article, as well as the
Agriculture and Markets Law of the State of New York with respect
to dogs found at large in violation of this article or which are ordered
seized by the Justice of the Village of Montgomery, and, for the purposes
of this article, such Animal Control Officer is deemed to be a peace
officer and authorized to issue appearance tickets.
This article shall be enforced by the Animal
Control Officer or by the Village Police Department or any other enforcement
officer.
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 running
at large or otherwise violating the provisions of this chapter may
file a written complaint, through the Animal Control Officer of the
Village of Montgomery, specifying the objectionable conduct of the
dog, date thereof, the damage caused, a description of the dog and
name and residence, if known, of the owner or other person harboring
said dog. Upon receipt of a complaint, the Village Court may summon
the alleged owner or other person harboring said dog to appear in
person before the Village Court. If the summons is disregarded, the
Village Court may permit the filing of an information and issue a
warrant for the arrest of such person.
Any person who is chased or otherwise harassed
by any dog in such a manner as to reasonably cause intimidation or
to put such person in reasonable apprehension of bodily harm or injury,
or any person who witnesses such offensive conduct by any dog, may
file a signed complaint, through the Animal Control Officer, stating
the specific objectionable conduct of the dog, the date thereof and
the place of occurrence and a description of the dog, name and residence,
if known, of the person harassed and the owner or other person harboring
said dog, or in the alternative, the person so harassed by the dog
may file with the Village Court an information charging a violation
of this article.
All dogs six months old or older are required
to be licensed. An application shall be presented to the Town Clerk
of the Town of Montgomery for acquisition of a license and said license
shall be renewed each year. No license shall be transferable. Upon
the transfer of ownership of any dog, the new owner shall immediately
make application for such dog.
Each dog licensed in accordance with the provisions
of this article, pursuant to Subdivision 1 of § 109 of Article
7 of the Agriculture and Markets Law of the State of New York, shall
be assigned a permanent official identification number; such identification
number shall be carried by the dog on an identification tag which
shall be affixed to a collar on the dog at all times during which
the dog is not on the premises of the owner.
A.
Every dog seized shall be properly fed and cared for
at the expense of the Town of Montgomery until disposition thereof
is made as herein provided. The redemption of a seized dog shall be
in conformance with and pursuant to the provisions of the Agriculture
and Markets Law of the State of New York, both as to licensed and
unlicensed dogs.
B.
In the event that the dog seized bears a license tag,
the Animal Control Officer shall ascertain the owner of the dog and
shall give immediate notice by personally serving such owner or an
adult member of his family with a notice in writing stating that the
dog has been seized and the dog will be destroyed unless redeemed
within the period hereinafter provided.
C.
The owner of a dog seized may redeem the dog within
five days of service of such notice, except that the owner of a dog
bearing a license tag may redeem the dog within 12 days by paying
the Village Clerk $15 as the cost of seizure, and the owner shall
pay boarding fees for days the dog is kept at a rate established by
the Walden Animal Society.
Procedures relating to dangerous dogs shall
be in accordance with the pertinent provisions of the Agriculture
and Markets Law of the State of New York.
The Village Justice shall have jurisdiction
to hear all complaints filed as herein provided and all actions and
proceedings hereunder and all prosecutions for any violations of this
article. Upon receipt by the Village Justice of any complaint against
the conduct of any particular dog, the Village Justice shall summon
the alleged owner or other person harboring said dog to appear in
person before him. If the summons is disregarded, the Village Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
Upon receipt by the Animal Control Officer of
any complaint against the conduct of any particular dog for a violation
of any provision of this article or, in the event that any dog is
found by the Animal Control Officer of the Village of Montgomery to
be in violation of any provision of this article, the Animal Control
Officer may issue an appearance ticket to the alleged owner or other
person harboring said dog to appear before the Village Justice of
the Village of Montgomery, said appearance ticket to be issued by
the Animal Control Officer or other peace officer of the Village and
to state the name and residence, if known, of the owner or other person
harboring said dog, the complaint, and, the date and time of the alleged
violation, the nature of the violation and the time and place at which
the owner of said dog is required to appear in court. If the appearance
ticket is disregarded, the Animal Control Officer may file an information
with the Justice of the Village of Montgomery and the court shall
then issue a warrant for the arrest of such person.
[Amended 9-7-2010 by L.L. No. 1-2010]
Any offense against the provisions of this article
shall be deemed a violation, and any person convicted of a violation
shall be punishable by a minimum fine of $75 and a maximum fine up
to $250, or imprisonment for a period of not more than 15 days, or
both.
