[Adopted as Ch. 4, Art. II, of the 1975 Code]
As used in this article, unless the context indicates otherwise,
the following terms shall have the meanings respectively ascribed
herein:
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:
[Amended 10-8-1991 by L.L. No. 4-1991]
Overt action by a dog as might cause a reasonable apprehension
of harm or injury to a person, domestic animal, or service dog, guide
dog, or hearing dog, as such terms are defined in § 108
of the Agriculture and Markets Law of the State of New York, together
with apparent ability in the dog to inflict such harm. Actual biting
is unnecessary to an attack.
[Added 9-24-2002 by L.L. No. 1-2002]
Includes both the male and female of the species.
The Dog Control Officer of the Town of Geddes.
[Added 9-24-2002 by L.L. No. 1-2002]
Any domesticated dog, cat, sheep, horse, cattle, or any fallow
deer, red deer, sika deer, or whitetail deer which is raised under
license from the Department of Environmental Conservation, or any
llama, goat, swine, foal, duck, goose, swan, turkey, confined domestic
hare or rabbit, or any pheasant or other bird which is raised under
confinement under license from the Department of Environmental Conservation
before release from captivity, except that varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
purposes of this article.
[Added 9-24-2002 by L.L. No. 1-2002]
Any person owning, harboring or keeping a dog.
[1]
Editor's Note: The definition of "dangerous dogs," which
immediately followed this definition, was repealed 9-24-2002 by L.L.
No. 1-2002.
The purpose of this article is to regulate and restrain the
keeping and running at large of dogs within the limits of the Village.
This article is enacted under the power of the Village Board to perserve
good order and the health, safety and welfare of its inhabitants and
to protect and secure their property. It is also intended that the
rights and privileges of persons who own and harbor dogs be protected
hereby, as well as the rights and privileges of other citizens of
the Village.
A.
No dog shall be permitted or allowed anywhere within the corporate
limits of the Village unless such dog shall be wearing a valid and
current tag as required by Article 7 of the Agriculture and Markets
Law of the state. Such tag shall have been procured by the owner of
said dog as provided in the Agriculture and Markets Law and shall
have stamped thereon a number recorded in the office issuing said
tag and shall have been issued during the current license year.
[Amended 12-9-1975 by L.L. No. 7-1975]
B.
Any dog found anywhere within the Village limits without the tag required in Subsection A above or wearing a tag that has expired shall be seized by any police officer or other person lawfully authorized and shall be turned over to the Dog Control Officer.
[Amended 12-9-1975 by L.L. No. 7-1975; 9-24-2002 by L.L. No. 1-2002]
C.
The fact that a dog is without an official license tag as required
herein, or the fact that a dog is wearing a tag that has expired,
shall be presumptive evidence that the dog is unlicensed.
No action shall be permitted to recover from the Village the
value of or damages for injury to or destruction of any unlicensed
dog.
[Amended 12-9-1975 by L.L. No. 7-1975]
It shall be unlawful for any dog to run at large, whether licensed
or not, within the Village of Solvay, except as follows:
[Amended 9-24-2002 by L.L. No. 1-2002]
A.
Complaint procedure and remedies.
(1)
In addition to any remedy or course of action available under any
other law and for purposes of this section only, any person may make
a complaint of an attack upon a person or of an attack, chasing or
worrying of a domestic animal, or of an attack on a service dog, guide
dog, or hearing dog, as defined in § 108 of the Agriculture
and Markets Law of the State of New York, in writing to the Dog Control
Officer. Such officer shall immediately inform the complainant of
his right to commence a proceeding as provided in this section and,
if there is reason to believe the dog is a dangerous dog, the officer
shall forthwith commence such proceeding himself.
(2)
Any person may and the Dog Control Officer shall, as provided above,
make a complaint under oath or affirmation to any Village of Solvay
Justice of such attack, chasing or worrying. Thereupon, the Justice
shall immediately determine if there is probable cause to believe
the dog is a dangerous dog and, if so, shall issue an order to the
Dog Control Officer, a peace officer acting pursuant to his special
duties, or a police officer directing such officer to immediately
seize such dog and hold the same pending judicial determination as
herein provided. Whether or not the Justice finds there is probable
cause for such seizure, he shall, within five days and upon written
notice of not less than two days to the owner of the dog by personal
service or registered mail, hold a hearing on the complaint. If satisfied
that the dog is a dangerous dog, the Justice shall then order the
Dog Control Officer, a peace officer acting pursuant to his special
duties, or a police officer to cause the dog to be euthanized immediately,
or shall order the owner to confine securely such dog permanently,
except as provided below. The owner shall confine the dog indoors
or in an enclosed and locked pen or structure as provided for in the
order. Such pen or enclosure shall have a secure top and sides and
shall be designed to prevent an unauthorized entry of a person, the
escape of the dog and to provide protection from the elements. If
the owner fails to confine the dog as required by such order, the
Dog Control Officer, peace officer acting pursuant to his special
duties, or police officer shall destroy such dog on or off the premises
of the owner.
(3)
A dog shall not be declared dangerous if the court determines that
the conduct of the dog:
(a)
Was justified because the threat, injury or damage was sustained
by a person who at the time was committing a crime or offense upon
the owner or upon the property of the owner of the dog; or
(b)
Was justified because the injured person was tormenting, abusing
or assaulting the dog or has in the past tormented, abused or assaulted
the dog; or
(c)
Was responding to pain or injury, or was protecting itself,
its kennels or its offspring.
(4)
In addition to an order of confinement, issued pursuant to Subsection A(2) above, the Justice may order the owner to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when confined in the presence of persons other than the owner, and outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
B.
Penalties.
(1)
Penalties for violation of this section shall be provided for in
§ 121 of the Agriculture and Markets Law of the State of
New York.
(2)
In addition to such penalties and for purposes of this section only,
the owner of a dog who, through any act or omission, negligently permits
his or her dog to cause physical injury to any domestic animal as
defined herein shall be subject to a civil penalty not to exceed $400
in addition to any other applicable penalties.
(3)
The owner of a dog who, through any act or omission, negligently
permits his or her dog to cause the death of a domestic animal as
defined herein shall be subject to a civil penalty not to exceed $500
in addition to any other applicable penalties.
(4)
The owner of a dog who, through any act or omission, negligently
permits his or her dog, which dog had been previously determined to
be a dangerous dog pursuant to this section, to cause injury to or
the death of a domestic animal defined herein shall be subject to
a civil penalty not to exceed $1,000 in addition to any other applicable
penalties.
(5)
Nothing contained herein shall limit or abrogate any claim or cause
of action which any person who is injured or whose domestic animal
is injured by a dog with a vicious disposition or a vicious propensity
may have under common law or by statute. The provisions of this section
shall be in addition to such common law and statutory remedies.
C.
Severability. If any paragraph, subdivision or clause of this section
shall be adjudged invalid, such adjudication shall apply only to such
paragraph, subdivision or clause, and the balance of this section
remain valid and effective.
[Amended 12-9-1975 by L.L. No. 7-1975]
Female dogs in heat, when not in the presence and under the
control of the owner or other person with the physical ability to
control and restrain said dog, shall be isolated from other dogs.
Isolation shall include but not be limited to being out of the sight,
the sound and the smell of other dogs.[1]
[1]
Editor's Note: Former Secs. 4-25, Packs of dogs prohibited,
and 4-26, Confinement, restraint of dog that has bitten person, which
immediately followed this section, were deleted 10-8-1991 by L.L.
No. 4-1991.
[Amended 3-23-2004 by L.L. No. 1-2004]
No owner shall keep or permit a dog to bark, whine or make other
noise for a period of at least 15 minutes within any one-hour period,
which barking, whining, or other noise can be heard from a location
outside of the owner's premises and would disturb a reasonable
person of normal sensitivities.
No owner of a dog shall suffer, permit or allow such dog to
damage or injure the property of the public or of another person.
Any person owning or having the care, custody or charge of any
dog when such dog is housed or confined shall so house and confine
such dog in a place so constructed as to prevent the barking of such
dog from disturbing the peace and quiet of persons residing in the
surrounding neighborhood.
A.
Any dog running at large within the corporate limits of the Village
contrary to the provisions of this article shall be subject to seizure
and impoundment by any public officer or by any other person or agency
designated by the Village or authorized by law to seize and impound
such dog.
B.
The Village shall be authorized to enter into a suitable contract
or other arrangement for the impoundment and, in proper cases, for
the destruction of dogs running at large within the Village in violation
of the provisions of this article.
C.
The costs of confinement and care of an impounded dog shall be the
responsibility of the person claiming said dog or of the person who
owns, harbors or permits such dog to be or run at large within the
Village, and such costs shall be paid before the impounded dog is
released from confinement.
D.
If no claim is made for an impounded dog within seven days of the
date of its impoundment, or within 10 days of such impoundment when
a dog has bitten a person, said dog shall be delivered to the Society
for the Prevention of Cruelty to Animals, or some other appropriate
agency, for disposition.
A.
Form; execution. Complaints of violation of any of the previsions
of this article shall be made on forms provided for the purpose by
the Village and executed by the complainant before a notary public
of the state, if available, or before a witness.
B.
Notice required. Each owner who owns or harbors a dog in violation
of any provision of this article shall be notified officially, in
writing, by the Village Clerk, by the police or by a person authorized
for the purpose by the Board of Trustees, of said complaint.
C.
Service of notice. Such notice shall be served personally upon the
owner or harborer of the dog in violation or by registered mail.
D.
Right of owner or harborer. The owner or harborer of such dog shall
be allowed three days upon receipt of said notification in which to
eliminate the alleged violation or, within said three-day period,
to petition the Police Court of the Village for a hearing to determine
whether or not said dog is in violation of this article.
[Amended 10-8-1991 by L.L. No. 4-1991]
A.
With the exception of violations of § 66-14, the owner of a dog found to be in violation of this article following expiration of the time limit set forth in the official notification provided for in § 66-20 shall be subject to the penalties provided in Subsection B below, and each twenty-four-hour period of such violation following the expiration of the time limit specified in said notice shall constitute a separate violation and be punishable as such.
[Amended 9-24-2002 by L.L. No. 1-2002]
B.
Each and every violation of this article shall be punishable by a
fine of not more than $250 or imprisonment for not more than 15 days,
or both.
[Added 11-24-1998 by L.L. No. 6-1998]
A.
The owner or person in control of a dog shall not permit said dog,
even though it may be leashed, to do any of the following acts:
(1)
Damage or destroy property not belonging to the owner or said person
in control of the dog.
(2)
Deposit waste (feces) on the property of another individual or entity
without prior approval.
(3)
Deposit waste (feces) on property of a municipality unless such waste
is immediately removed for suitable and proper disposal.
B.
Penalties for offenses. A violation of this section shall constitute
an offense punishable, upon conviction thereof, by a fine not to exceed
$50 for each violation. Each day that such dog waste deposited in
violation of this section remains on the property of another, including
the municipality, shall constitute a separate and distinct violation
of this section.
