[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-1983 by L.L. No. 1-1983 (Ch. 69, Art. I, of
the 1989 Code)]
This article shall be known and may be cited as "A Local Law
Authorizing the Removal of Canine Wastes in the Village of Sloan."
It shall be the duty of each dog owner to remove the feces left
by his dog on any sidewalk, gutter, street or other public area.
Any violation of this article shall be punishable as a violation
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
For the purposes of enforcing the provisions of this article,
appearance tickets may be issued by sanitation officers, dog enumerators
and by any persons authorized to issue tickets for parking violations.
Notwithstanding any other provision of law to the contrary, in the
Village of Sloan such appearance tickets may be returnable to the
Cheektowaga Town Court, which shall have the power to impose the penalties
herein provided.
The provisions of this article shall not apply to a guide dog
accompanying any blind person.
[Adopted 11-9-1983 by L.L. No. 2-1983 (Ch. 69, Art. II, of
the 1989 Code)]
This article shall be known as the "Sloan Dog Regulation Law."
The purpose of this article shall be to preserve the public
peace and good order in the Village of Sloan and to promote the public
health, safety and welfare of the residents of the Village by enforcing
regulations and restrictions on the activities of dogs consistent
with the rights and privileges of dog owners as well as the rights
and privileges of other citizens of the Village.
This article shall be applicable in the area within the Village
of Sloan, New York.
The definitions of terms as set forth in Article 7 of the Agriculture
and Markets Law of the State of New York shall be applicable to such
terms contained in this article.
[Amended 5-14-2002 by L.L. No. 2-2002]
A.
No person shall keep more than three dogs six months of age or older
on any premises in the Village of Sloan.
B.
The Town Clerk shall not issue any dog license(s) in any instance
where more than three dogs six months of age or older will be kept
on any premises in the Village of Sloan.
C.
For the purpose of this section, "premises" shall be defined as an
individual living unit/dwelling or individual business or manufacturing
unit.
D.
The owner of each dog must reside on the premises where the dog is
licensed.
E.
No owner of a dog shall keep or harbour a dog in an unclean or unsanitary
manner.
F.
No owner of a dog shall fail to provide adequate feed, water or space
for such dog. "Adequate" shall mean sufficient for the age, size and
number of dogs on the premises.
G.
It shall be unlawful for any owner of any dog in the Village of Sloan
to permit or allow a dog to:
(1)
Be off the premises of such owner and in the Village of Sloan, New
York, unless restrained by a chain or leash not exceeding six feet
in length and under the control of a responsible person. Whenever
a dog is found off the premises of the person owning, keeping, harboring
or having care, custody or control of such dog not restrained as above
provided, it shall be presumed that such person permitted or allowed
such dog to be off such premises in violation of this section.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably disturb the comfort
or repose of any person.
(3)
Bite, chase or otherwise harass any person or domestic animal.
[Amended 5-14-2002 by L.L. No. 2-2002[1]]
All dogs while off the owner's premises, whether or not
tagged or licensed, shall be restrained by leash, and any peace officer
or designated representative of the Commissioner of Agriculture and
Markets of the State of New York shall seize any dog not so restrained
found off the owner's premises. The peace officer or designated
representative of the Commissioner of Agriculture and Markets of the
State of New York who shall have seized any dog pursuant to the provisions
of this article shall provide for the feeding and caring of the dog
and its disposition pursuant to the provisions of § 118
of the Agriculture and Markets Law of New York.
A.
Any person claiming ownership of any dog seized pursuant to § 118
of the Agriculture and Markets Law of the State of New York shall
pay the following impounding fees:
(1)
Ten dollars for the first impoundment of any dog owned by that person.
(2)
Twenty dollars for the second impoundment, within one year of the
first impoundment, of any dog owned by that person.
(3)
Thirty dollars for the third and subsequent impoundment, within one
year of the second impoundment, of any dog owned by that person.
B.
In addition thereto, any person claiming ownership of any dog shall
be responsible to pay the sum of $5 for each 24 hours or part thereof
for sheltering, feeding and watering said dog.
C.
In any case where veterinary care is necessary to protect the health
and welfare of a dog, in addition to the impoundment fee, the Village
shall also charge for the cost of such veterinary care.
Even though an owner may elect not to redeem said dog, said
owner shall nevertheless be responsible to the Village of Sloan for
the impoundment fee and other expenses as set forth herein. An action
may be commenced to collect said sum.
This article hereby provides for the issuance of an appearance
ticket pursuant to the provisions of § 124 of the Agriculture
and Markets Law to assist in the enforcement of the Agriculture and
Markets Law and this article.
A.
Any person convicted of a violation of this article shall be deemed
to have committed a violation and shall be subject to a fine not exceeding
$250 or imprisonment for a period not exceeding 15 days.
B.
Any person taking part in or assisting in any violation of this article
shall also be subject to the penalties herein.
C.
Each day that a violation of this article is committed or permitted
to exist shall constitute a separate offense.
The provisions of Article 7 of the Agriculture and Markets Law
of the State of New York shall be applicable in addition to provisions
set forth in this article.
