[Adopted 10-9-1979 by L.L. No. 3-1979 as Section 16 of Art.
XII of Ch. VII of the Walden Village Code (Ch. 68, Art. II, of the
1982 Code)]
As used in this article, the following terms shall have the
meanings indicated:
DOG
Any dog of either sex and of any age.
OWNER
Any person owning, harboring or keeping a dog within the
limits of the Village, and the parent, guardian or other adult person
with whom a minor dog owner resides.
RUN AT LARGE
To move about, over, across or upon any public or private
property, street, sidewalk, lane or place other than that of the owner.
A person who owns a dog or has a dog in his care, custody or
control shall restrain said dog at all times by a leash, rope, chain,
cage or motor vehicle while the dog is off the premises owned or occupied
by such person, whether or not the dog is tagged or licensed.
Notwithstanding any other provisions of law relating to the seizure of dogs cited hereinabove, a violation of §
94-2 shall constitute a violation pursuant to the Penal Law and shall be punishable by a fine of not more than $25 for the first violation, not more than $50 for the second violation, and not more than $100 for the third and every subsequent violation.
[Adopted 10-12-2004 by L.L. No. 3-2004 (Ch. 68, Art. III,
of the 1982 Code)]
As used in this article, the following terms shall have the
meanings indicated:
DOG
Any member of the species Canis familiaris.
HARBOR
To provide food and/or shelter to any dog.
OWNER
Any person owning, harboring, keeping or in charge of any
dog, and the parent, guardian or other adult person with whom a minor
dog owner resides. The owner need not be a resident of the Village
of Walden but, for a violation to occur, the dog must be within the
Village limits.
PROPERTY OF ANOTHER
All property within the Village boundaries which is not owned
by the Village, including, but not limited to, all residential and
commercial property and any common area of a condominium or homeowners'
association.
VILLAGE PROPERTY
Any property owned, occupied or controlled by the Village
of Walden, including, but not limited to, streets, sidewalks, parks,
parking lots, and rights-of-way. The areas between the sidewalk and
the street are part of the Village right-of-way.
Any person owning, harboring, keeping or in charge of any dog,
which dog has deposited its feces upon any Village property or upon
the property of another without the property owner's consent,
shall immediately remove such feces or cause it to be removed and
shall dispose of it in a sanitary manner. A person will be considered
to have disposed of feces in a sanitary manner if such person places
such material in a bag or wrapper made of paper, plastic or some similar
material and places it in a refuse container which is regularly emptied
by the Village or some other refuse collector or otherwise disposes
of such material on his or her own property.
The provisions of §
94-7 shall not apply to blind persons who may use dogs as guides. However, if said blind person is accompanied by an adult person who is not blind, then the provisions of §
94-7 shall apply to such adult person regardless of whether said adult person is the owner of the dog.
Any person who violates this article shall be guilty of a violation
and, upon conviction, shall be subject to a fine of not less than
$75 nor more than $250 or 15 days in jail, or both. If any person
shall be found guilty of a second offense of this article within one
year of his first conviction for a violation of this article, such
person shall be subject to a fine of not less than $150 nor more than
$250 or 15 days in jail, or both. If any such person shall be found
guilty of a third offense of this article within one year of his first
conviction for a violation of this article, such person shall be subject
to a fine of $250 or 15 days in jail, or both.