A.
AT LARGE
DOG
DOG CONTROL OFFICER
OWNER
OWNER'S PREMISES
As used in this article, unless otherwise expressly stated or unless
the content or subject matter otherwise requires, the following terms
shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is a guide dog actually leading
a blind person or a police work dog in use for police work.
Any member of the species Canis familiaris.
Any individual appointed or authorized by the Village to
assist in the enforcement of this article or any authorized officer,
agent or employee of an incorporated humane society or similar incorporated
dog protective association under contract with the Village to assist
in the enforcement of this article.
Any person who harbors or keeps any dog.
Any premises owned, occupied or under the control of the
dog owner, but shall exclude any portion which is part of a public
street, sidewalk or public place.
B.
All other words and phrases used in this article shall for the purpose
of this article have the meanings respectively ascribed to them by
§ 108 of the Agriculture and Markets Law.
No person shall own, harbor, or keep a dog within the Village
unless such dog is licensed and identified as required under the Agriculture
and Markets Law of the State of New York. The identification number
assigned to each dog shall be carried by such dog on an identification
tag which shall be affixed to a collar on the dog at all times during
which the dog is not upon the premises of the owner thereof.
A.
No person who owns, possesses or harbors a dog (male or female) shall
permit, allow, suffer or tolerate such dog, whether or not tagged
or licensed, to run loose or at large in the Village on any street,
sidewalk, park or public place or on any private property without
the consent of the owner or person in possession of said private property.
No such dog shall be permitted at any time to be on such street, sidewalk,
park or public place or private property in said Village unless it
is effectively restrained in the immediate custody of the owner or
custodian of the dog by a chain or leash not exceeding six feet in
length. It shall be presumed that a dog on the private property of
a person other than the dog's owner or possessor is so present without
the consent of the owner or person in possession of such private property.[1]
B.
Any person owning, possessing or harboring a dog, whether or not
tagged or licensed, who shall fail to exercise due care in preventing
such dog from running loose and at large shall be guilty of a violation
of this chapter. The presence of any dog which is loose or at large
shall be presumptive evidence that the person who owns, possesses
or harbors such dog suffers or tolerates it to be loose and at large
in violation of this chapter and shall be presumptive evidence that
the person has failed to exercise due care in preventing such dog
from running loose and at large in violation of this chapter.
No person shall have or keep or permit to be kept, on any premises
owned or occupied in whole or in part by him or her within the Village,
any dog or other animal which by its howling, barking, squawking or
whining shall disturb the neighborhood.
A.
No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such dog to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk or any
public property or public right-of-way whatsoever, or on any private
property whatsoever.
B.
The restrictions of this section shall not apply to that portion
of the street lying between the curblines, which shall be used to
curb such dog under the following conditions:
(1)
Any person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method.
(2)
The feces removed from the aforementioned designated area shall be
disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this section. No feces shall be deposited in any storm drain or
stormwater catch basin in the Village or garbage receptacle owned
or maintained by the Village.
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer, or allow such dog to do any injury or damage
to any person, lawn, shrubbery, flowers, grounds or property.
A.
A Dog Control Officer may be appointed or designated by the Mayor,
subject to approval of Board of Trustees, to enforce this article,
which officer shall have all the powers and duties contained in § 114
of the Agriculture and Markets Law.
B.
The Dog Control Officer shall keep a record and description of each
animal seized, including the date and manner of its disposition or
redemption and the name and address of the person by whom redeemed
and any other information required by the Agriculture and Markets
Law or deemed necessary by the Board of Trustees of the Village.
C.
No person shall hinder, resist or oppose the Dog Control Officer,
any peace officer, agent or employee or representative of the Village
in the performance of his or her duties under this article.
A.
Any dog running at large within the Village or which is not licensed
or not identified and which is not on the owner's premises may
be seized, impounded and disposed of pursuant to § 118 of
the Agriculture and Markets Law.
B.
In addition to the fees prescribed in § 118, Subdivision
4 of the Agriculture and Markets Law, the owner shall pay the actual
cost of harboring such dog, per day or part thereof, after seizure
and impounding, that such dog is held in custody and any administrative
costs incurred by the Village.
A.
If a dog is not redeemed as provided in § 118 of the Agriculture
and Markets Law, a dog may be made available for adoption, provided
that the new owner shall pay the impounding fee and the actual cost
plus administration expenses of harboring such dog, if any shall have
been incurred by the Village.
B.
A dog may also be disposed of pursuant to § 88 of the General
Municipal Law without the payment of any fees or costs.
The Dog Control Officer and any other person authorized by the
Village to assist in the enforcement of this article and Article 7
of the Agriculture and Markets Law shall have the authority to issue
an appearance ticket pursuant to the Criminal Procedure Law or, in
lieu thereof, a uniform appearance ticket as provided in § 114
of Article 7 of the Agriculture and Markets Law. All violations under
this chapter shall be prosecuted in the Village Justice Court or as
otherwise provided by law. Each day that a violation of this chapter
is committed shall constitute a separate offense.