[Adopted 12-21-1999 by L.L. No. 2-1999]
This article shall be known and may be cited as "Removal or
Disposal of Animal Feces in the Village of Ravena."
A.
No person owning, harboring, keeping or in charge of any dog, cat,
cattle, horse, swine, sheep, goat or other livestock, fowl or domestic
animal shall cause, suffer or allow such dog, cat, cattle, horse,
swine, sheep, goat or other livestock, fowl or domestic animal to
soil, defile, defecate on or commit any nuisance on any common thoroughfare,
street, sidewalk, passageway, bypath, play area, park or any place
where people enter, use, congregate or walk, or at any public building
or public land or upon any private property without the permission
of the owner of said property.
B.
Notwithstanding the foregoing, with respect to dogs only, the restriction
in 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)
The person who so curbs such dog shall immediately remove all feces
deposited by such dog.
(2)
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring and keeping or in charge
of any dog curbed by flushing same down a sanitary sewer system or
by use of a chemical container causing disintegration. In the event
that a chemical container is used, ultimate disposal must be made
in accordance with Department of Environmental Resource's regulations
concerning solid waste disposal.
Except as provided in the Agriculture and Markets Law, any person
committing an offense against any provision of this article shall,
upon conviction thereof, be guilty of a violation pursuant to the
Penal Law of the State of New York, punishable by a fine not exceeding
$50 or imprisonment for a period not to exceed 15 days, or both, for
a conviction of a first offense; for a conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $50, nor more than $100 or imprisonment for
a period not to exceed 15 days, or both; and upon conviction for a
third or subsequent offense, all of which were committed within a
period of five years, punishable by a fine not less than $100, nor
more than $250, or imprisonment for a period not to exceed 15 days,
or both. Each day's continued violation shall constitute a separate
additional violation, for which separate and additional fines and
punishment or civil penalties may be imposed and recovered.
For the purposes of enforcing the provisions of this article,
appearance tickets may be issued by police officers, Dog Control Officers
or by any persons authorized to issue tickets for parking violations
for appearance before the Ravena Village Court.
The provisions of this article shall not apply to a guide dog,
hearing dog or service dog accompanying any person with a disability,
as defined in Subdivision 21 of § 292 of the Executive Law.