[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:
AT LARGE
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]
A. 
Accompanied by and under the immediate supervision and control of the owner or other responsible person.
B. 
A police work dog in use for police work.[1]
ATTACK
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]
DOG
Includes both the male and female of the species.
DOG CONTROL OFFICER
The Dog Control Officer of the Town of Geddes.
[Added 9-24-2002 by L.L. No. 1-2002]
DOMESTIC ANIMAL
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]
OWNER
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Editor's Note: The definition of "dangerous dogs," which immediately followed this definition, was repealed 9-24-2002 by L.L. No. 1-2002.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.
[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:
A. 
Within the owner's property. Said dog must be contained within those limits by an adequate fence or chain attached to a fixed object.
B. 
Upon premises owned or controlled by any other person, firm or corporation with the consent of such person, firm or corporation.
[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.
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.
E. 
Dangerous dogs. The complaint and notice procedure, as well as the rights of the owner, regarding dangerous dogs shall be as set forth in § 66-14 of this article.
[Added 9-24-2002 by L.L. No. 1-2002]
[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.