[HISTORY: Adopted by the Board of Trustees of the Village of Dundee during codification; see Ch. 1, General Provisions, Art. III. Amendments noted where applicable.]
Animals — See Ch. 36.
The purpose of this chapter shall be to promote the health, safety, morals and general welfare of the Village of Dundee, including the protection and preservation of the property of the village and its inhabitants and of the peace and good order by adopting and enforcing certain regulations and restrictions on the privileges of the owners of dogs and the rights and privileges of the residents of the Village of Dundee and by imposing restrictions upon the keeping and running at large of dogs within the Village of Dundee.
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL ENFORCEMENT OFFICER
- Any individual appointed by the Village of Dundee to assist in the enforcement of this chapter or any law enforcement officer.
- AT LARGE
- Any dog that is unleased and on property open to the public or that 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:
- A. A guide dog actually leading a blind person;
- B. A police work-dog in use for police work; or
- C. Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land, and said dog is under the control of said owner or other responsible person.
- A dog is under "restraint" if he is licensed, at heel beside a competent person and obedient to that person's commands or the dog is equipped with a collar of sufficient strength to restrain the dog, to which is attached a leash of sufficient strength and not more than eight feet long, which leash shall be held by a competent person having the ability to control the dog by means of the collar and leash and when said dog remains beside and obedient to that person's commands. A harness worn by a guide dog for the blind shall be considered a suitable leash hereunder. A dog is also under "restraint" when it is within a vehicle being driven or parked on the street or when the dog is within the property owned or leased by its owner or keeper, or on the property of another who has given permission for the dog to be there.
- Any dog not bearing a license on his collar shall be considered an "unlicensed" dog. Licenses shall not be necessary for dogs under six months of age which are not at large.
No person being the owner or agent or harborer of any dog shall permit such dog to commit any nuisance within the Village of Dundee or cause damage to the person or property of others. The following are declared to be public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:
It shall be unlawful for any owner of or any person harboring a dog in the Village of Dundee to permit or allow such dog to:
Run at large (as defined in § 53-2) unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner, or a responsible person, able to control the dog.
Engage in habitual loud howling or barking or to conduct itself in such manner so as to annoy any person or persons other than the owner or person harboring such dog.
Cause damage or destruction to property or commit a nuisance upon premises of a person other than the owner or person harboring such dog.
Chase or otherwise harass any person in such manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
It shall be unlawful for any owner of or any person harboring a dog in the Village of Dundee to permit the premises, structure or enclosure in which said dog is kept to be unclean or unsanitary.
No person owning or having charge of any dog which shall, by biting or attempting to bite, have attacked any person or animal on public street or sidewalk or in any public place in the Village of Dundee, New York, shall after having been notified or having knowledge of the vicious propensities of such dog, permit such dog to run at large upon any public street or sidewalk or any place in the Village of Dundee at any time without being properly and securely muzzled with a secure metal muzzle or other device sufficient to prevent such dog from biting any person or animal.
[Added 8-8-2006 by L.L. No. 4-2006]
It shall be unlawful for any owner or any person with a dog in the Village of Dundee to allow it to defecate on public or private property without said owner picking up and disposing of same.
[Added 8-8-2006 by L.L. No. 4-2006]
It shall be the duty of any Animal Enforcement Officer, as well as any law enforcement officer, to enforce the provisions of the chapter as well as the provisions of the Agriculture and Markets Law of the State of New York, with respect to dogs in the Village of Dundee.
In addition to any Animal Enforcement Officer appointed by the Village Board of the Village of Dundee or any other law enforcement officer, any individual who observes a dog causing damage to any property of a person other than its owner, or committing a nuisance upon the premises of a person other than its owner, may file a signed complaint, under oath, with the Police Justice of the Village of Dundee, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
[Amended 8-8-2006 by L.L. No. 4-2006]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of a minimum of $25 up to the maximum penalty of $250 or by imprisonment for not more than 15 days, or both.