[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-4-1942]
No person shall keep cattle, sheep, goats or swine within the
corporate limits of the Village of Wolcott without a special permit
from the Village Health Officer providing for the conditions under
which such animals may be kept.
No slaughterhouse shall be erected, used or maintained within
said Village, or any cattle or food animals slaughtered within the
Village limits, unless a permit is obtained from the Health Officer.
Any such permit so issued may be revoked at any time.
Any persons violating this article shall be punishable for the
first offense by a fine not exceeding $25 or by imprisonment in the
Wayne County Jail for 25 days, or both, and for a second or subsequent
offense by a fine not exceeding $50 or by imprisonment in the Wayne
County Jail for 50 days, or both.
[Adopted 4-7-1992 by L.L. No. 1-1992]
This article shall be known as "L.L. No. 1-1992, a Local Law
Providing for the Regulation of Dogs in the Village of Wolcott, New
York."
The purposes of this article shall be to preserve the public
peace and good order in the Village of Wolcott and to contribute to
the public welfare, safety and good order of its people by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of all citizens of the Village of Wolcott.
As used in this article, the following terms shall have the
meanings indicated:
An unleashed dog off the premises of the owner.
Includes male, female or neutered dogs.
A person or persons appointed by the Village of Wolcott for
the purpose of enforcing this article, and for the purposes of this
article such a dog warden is a constable and thereby a peace officer
under § 2.10 of the Criminal Procedure Law. The dog warden
is also the dog control officer under Article 7 of the Agriculture
and Markets Law.
The dog is equipped with a collar or harness to which is
attached a leash, both collar or harness and the leash to be of sufficient
strength to restrain the dog, and which leash shall be held by a person
having the ability to control and restrain the dog, by means of the
collar or harness and the leash.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of parents or other heads of household
where the minor resides. Any person harboring a dog for a period of
two years or more prior to the filing of any complaint charging a
violation of this article shall be held and deemed to be the owner
of the dog for the purpose of this article.
The dog is not more than 40 feet distance from the person
in control, and the dog has been fully trained to obey commands of
said person to "heel."
A.
All dogs in the Village of Wolcott are hereby required to be restrained
by a leash while off the owner's premises, whether such dogs
are or are not tagged or licensed; provided, however, the dogs are
permitted to be unleashed while off the owner's premises when
under voice control of the owner or member of the owner's household
or when on the premises of another person with such person's
consent, and no person who owns, keeps, harbors, or has the care,
custody, or control of any dog in the Village of Wolcott shall permit
such dog to be at large or unleashed in the Village except as permitted
by this article. The owner shall also restrain and control such dog
as to prevent it from running at large with a pack of other dogs,
and from chasing automobiles, moving vehicles, other animals, and
children.
B.
Dangerous dogs. The owner of any dog which is vicious or dangerous
to persons shall at all times restrain and control such dog so as
to prevent injury to persons lawfully conducting themselves, and so
as to prevent such dogs from putting any person lawfully conducting
himself in fear of immediate bodily harm.
C.
Female dogs. Any female dog shall be confined to the premises of
the owner while such female dog is in season.
D.
Howling dogs. No person shall keep or harbor a dog which howls, whines,
or barks habitually or continuously so as to disturb the peace and
quiet of other persons.
E.
Property damage. The owner of a dog shall not permit such dog, even
though leashed, to do any of the following acts:
(1)
Enter public buildings, restaurants, stores or cemeteries, except
Seeing Eye dogs properly trained to assist blind persons, when such
dogs are actually being used by blind persons for the purpose of aiding
them in going from place to place.
(2)
Damage or deface property not belonging to the owner of the dog.
(3)
Deposit waste or commit a nuisance on the private property of a person,
or a party other than that of the owner of the dog.
The Dog Warden or any peace officer is hereby authorized to
seize or direct the confinement of any dog which is reported to have
attacked or injured a human being. Any such dog shall be confined
by the owner for such length of time as may be necessary for the purpose
of determining whether such dog is affected by rabies and if so affected,
it may be disposed of in accordance with the laws of New York State.
The owner of such dog shall, upon demand, deliver the possession of
such dog to the Dog Warden, or any officer authorized to seize the
same, and shall, upon demand, pay to the Village of Wolcott the cost
of confinement and treatment of the dog.
Any peace officer, or the Dog Warden of the Village of Wolcott,
shall seize any dog found at large not wearing the license tag required
by Article 7 of the Agriculture and Markets Law of the State of New
York, and will attempt to ascertain the owner and notify same by posting
a description of the dog at the Village Clerk's office.
A.
Any peace officer or Dog Warden of the Village shall have the option to seize any dog which is found at large and in violation of § 33-7 of this article at the time when so found at large.
C.
Every dog so seized shall be properly fed and cared for at the expense
of the Village of Wolcott until disposition thereof, as herein provided,
and in accordance with applicable provisions of the Agriculture and
Markets Law of the State of New York.
D.
If any dog is in violation of § 33-7 and the dog is wearing a license tag, the Dog Warden or peace officer shall ascertain the owner of the dog and shall give immediate notice to the owner, or an adult member of his or her family, with a notice in writing stating that the dog is in violation of this article and will be seized unless the situation is rectified, or unless the Court shall rule otherwise. The Dog Warden shall have the option of seizure if the dog is in violation of § 33-7.
E.
If a dog is seized for a violation of § 33-7 hereof only, and the dog is wearing a license tag, the owner may redeem the dog within 12 days by paying the Village Clerk the sum of $40 for the first 24 hours or any part thereof and $8 for each additional 24 hours or any part thereof for the cost of seizure, and the reasonable cost of feeding and maintaining the dog.
F.
If any dog is seized pursuant to § 33-9 hereof only, the owner may redeem the dog within five days by producing to the person seizing the dog a license for the dog and the paying to the Village Clerk the sum of $60 for the first 24 hours or any part thereof and $8 for each additional 24 hours or any part thereof as the cost of seizure, and the reasonable cost of feeding and maintaining the dog.
G.
If any owner is entitled to redeem a dog pursuant to Subsections E and F above, and if not redeemed, the owner shall forfeit all title to the dog and the dog shall be sold or destroyed by the peace officer or Dog Warden. In the case of sale, the purchaser must pay the purchase price to the Village Clerk and, if the dog is not licensed, obtain a license for the dog. The person who destroys a dog shall immediately dispose of the same and make a written report of such destruction and disposition to the Village Clerk, who shall keep a record thereof.
Any Justice of the Village of Wolcott shall have jurisdiction
to hear all complaints under this article and all actions and proceedings
hereunder, and all prosecutions for the violations of this order.
A.
Any person who observes or has knowledge of a dog violating any section
of this article may file a complaint under oath with the Village Justice
of the Village of Wolcott specifying the objectionable conduct of
the dog, the date thereof, the damage caused, a description of the
dog and name and residence, if known, of the owner or other person
harboring said dog.
B.
Upon receipt by the Village Justice of any complaint against the
conduct of any particular dog, the Village Justice may summon the
alleged owner or other person harboring said dog to appear in person
before him; if the summons is disregarded, then the Village Justice
may permit the filing of information and issue a warrant for the arrest
of such person in conformity with Article 120 of the Criminal Procedures
Law and Article 20 of the Uniform Justice Court Act.
It shall be the duty of the Dog Warden to enforce the provisions
of this article with discretion and to seize all dogs found at large
in violation of this article, or which are ordered seized by a Village
Justice in the Village of Wolcott. The Dog Warden also shall enforce
the provisions of Article 7 of the Agriculture and Markets Law and
shall have all powers granted to dog control officers under that article.
The violation of this article shall be deemed an offense against
the within local law, and a violation of this article shall be punishable
by a fine not exceeding $100, or by imprisonment for not exceeding
30 days, or by both such fine and imprisonment. Each separate offense
shall constitute a separate additional violation. The provisions hereof
are in addition to the regulations, restrictions, requirements, and
penalties contained in Article 7 of the Agriculture and Markets Law
and may be enforced through the Criminal Procedure Law and Uniform
Justice Court Act.
This article is adopted in conformity with the powers granted
to the Village by Article IX of the New York State Constitution and
the Municipal Home Rule Law of New York State.
