[HISTORY: Adopted by the Board of Trustees of the Village
of Haverstraw by L.L. No. 2-2010. Amendments noted where applicable.]
The purpose of this chapter is to regulate the keeping of dogs,
prohibit the roaming at large of dogs and other animals in the streets
and public places of the Village, prevent cruelty to dogs and other
animals, limit the danger of vicious dogs, and to prescribe penalties
and enforcement procedures for violation of local and state regulations
pertaining to dogs and other animals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person other than the owner of a dog who harbors or has
in his or her possession a dog or manages, controls or cares for a
dog.
Any person or legal entity having a possessory property right
in a dog who harbors, cares for or exercises control over a dog or
knowingly permits a dog to remain on premises occupied by him or her.
It shall be a violation of this chapter for any owner or keeper
of a dog within the Village of Haverstraw:
A.
To allow such dog to roam at large upon the land of another and not
under control of the owner or keeper or the agent of the owner or
keeper, or to allow such dog to roam at large on any portion of any
public land or highway and not attended by and under control of such
owner or keeper or his or her agent. The unauthorized presence of
any dog on the land of any person other than the owner or keeper of
such dog or on any portion of a public place or highway, when such
dog is not attended by and under the control of such owner or keeper,
shall be prima facie evidence of a violation of the provisions of
this chapter. A picture taken by a member of the public of a dog running
loose shall be prima facie evidence for ticketing purposes.
[Amended 2-15-2011 by L.L. No. 3-2011]
B.
To obstruct or attempt to obstruct the canine control officer or
other officers or agents engaged in the discharge of such person's
duties.
C.
To perpetrate any act of cruelty upon any dog or other animal.
D.
Not to have a tag or plate on a collar around the neck or on a harness
on the body of such dog indicating the name of the dog, the owner,
his or her address and phone number.
E.
Not to have complied with any order or regulation relating to rabies
applicable to such dog.
F.
To abandon or neglect or cruelly treat any such dog.
G.
Not to have such dog licensed in the Haverstraw Town Clerk's office
as required by state law and or not to have the dog's license tag
affixed to the dog collar or harness.
H.
To allow such dog to inflict damage or harm to human beings, domestic
animals or property.
I.
To allow such dog to go on a highway or other public place or another's
private property and growl, snap, bite or otherwise annoy any other
person or domestic animal lawfully using such highway or public or
private property, or chase or interfere with any motor vehicle so
using such highway or individuals on such public or private property.
J.
To permit such dog to become a nuisance by reason of vicious disposition
or excessive barking or any other disturbance or by permitting such
barking or other disturbance when such is a source of annoyance to
any person residing in the immediate vicinity.
K.
To crop or cut or cause to be cropped or cut off the whole or any
part of the ear of a dog unless such person is a registered veterinarian
surgeon.
L.
Not to clean up or dispose of immediately any feces or other waste
matter discharged by a dog on public property, including highways
and sidewalks, or on any private property not owned or controlled
by the owner, agent or keeper of the dog.
M.
To knowingly keep and maintain a vicious dog within the Village of Haverstraw. For purposes of this Subsection M, a vicious dog shall be defined as any dog:
(1)
Which when unprovoked approaches any person on the streets or sidewalks
or on any public grounds or places in a vicious or terrorizing manner
or in any apparent attitude of attack;
(2)
With a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings
or domestic animals;
(3)
Which bites, inflicts injury, assaults or otherwise attacks a human
being or domestic animal without provocation on public or private
property.
(4)
Any dog owned, harbored or trained primarily or in part for the purpose
of dog fighting.
(5)
Any dog owned, harbored or trained primarily or in part for the purpose
of attacking a human being or domestic animal upon command, except
dogs so trained for municipal enforcement purposes.
N.
It shall be a separate offense for any owner or keeper of any vicious
dog to permit such a dog to be on the public areas of the Village
without having such dog securely muzzled and restrained with an adequate
leash no longer than three feet in length and under the direct control
of the owner of the dog.
[Amended 2-15-2011 by L.L. No. 3-2011]
O.
To allow
such dog to roam untethered or otherwise uncontained on one's own
land. Every dog must be tethered or fenced in when roaming on the
owner’s or keeper’s property to prevent such dog from
roaming freely onto public lands or land of another.
[Added 2-15-2011 by L.L.
No. 3-2011]
Notwithstanding the foregoing, no dog may be considered to be
a vicious dog by reason of any injury or damage sustained by a person
when such a person was teasing, tormenting, abusing or assaulting
the dog or was committing or attempting to commit a crime; any injury
or damage sustained by a domestic animal which, at the time such injury
or damage was sustained, was teasing, tormenting, abusing or assaulting
the dog; or any injury or damage caused by the dog in protecting or
defending a human being within the immediate vicinity of the dog from
an unjustified attack or assault.
[Amended 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation, company
or business entity violating any of the above provisions shall be
fined not less than $100 nor more than $1,000; and which charge, under
this chapter, shall be a petty offense or infraction, and not a crime.
The continuation or repeat of a violation of, or failure to comply
with, any provision of this chapter shall constitute, for each occurrence
that transpires or each day on which the violation continues, a separate
and distinct charge hereunder. A Town Canine Control Officer, Town
Police Officer, Village Code Enforcement Officer, Village Building
Inspector or Village Parking Enforcement Agent may issue citations
for violations of any provisions of this chapter.
