Village of Lake Placid, NY Dogs

The Village of Lake Placid finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and nuisances within the Village. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Village.

§ 130-2 Authority.

This chapter is enacted pursuant to the provisions of the New York State Agriculture and Markets Law and the New York State Municipal Home Rule Law.

§ 130-3 Title.

The title of this law shall be: "Dog Control Law of the Village of Lake Placid."

§ 130-4 Definitions.

As used in this chapter, the following words shall have the following respective meanings:

DOG

Male, female, neutered, licensed or unlicensed, members of the species canis familiaris.

OWNER

Any person or persons, firm, association, or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Village, unless dog has been lost and such loss was promptly reported to the Lake Placid Police Department and a reasonable search has been made to find the owner. Any person owning or harboring a dog for a period of one week prior to filing any complaint charging a violation of this chapter, shall be held in and deemed to be the owner of any dog found to be in violation of this chapter. If such person shall be under 18 years of age, the parent or guardian of such minor shall be deemed to be the owner.

RUN AT LARGE

To be on private lands without the knowledge, consent, and approval of the owner of such lands, or upon public lands, including the shorelines and surfaces of all watersheds within the Village, without being tethered by a leash, not exceeding eight feet in length and under the control of a responsible person.

VILLAGE

The Village of Lake Placid.

§ 130-5 Prohibited conduct.

It shall be unlawful for any owner, or person who keeps, harbors, or otherwise has charge of any dog, male or female or neutered, in the Village of Lake Placid, to permit or allow such dog to:

Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person.

Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.

Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the property owner.

Chase, jump upon or at or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension or bodily harm.

Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway, or place, or upon private property without consent or approval of the owner of such property.

Create a nuisance by defecating, urinating, or digging on public property, including the shorelines and surfaces of all watersheds within the Village, or on private property without the consent or approval of the owner of such property.

If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.

Be in Number One Main Street Park, Mid's Park (Band Shell Park) or the municipal beach area and playground area of Peacock Park.

§ 130-6 Disposal of waste.

It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area, grassy area between the street and the sidewalk, park, school, surfaces of all water bodies, including the shorelines and other public or private areas, by placing such feces in a plastic bag which shall be sealed and deposited in a covered garbage receptacle. Under no circumstances shall feces be deposited in any sewers or storm drains.

The provision of this section shall not apply to a guide dog, hearing dog or service dog accompanying a person with a disability as defined in Subdivision 21 of § 292 of the New York State Executive Law.

This section shall be construed to operate in the same manner as § 1310 of the New York State Public Health Law.

§ 130-7 Licensing of dogs.

All dogs in the Village of Lake Placid must be licensed by the Town of North Elba Town Clerk by the age of four months, pursuant to Town of North Elba's laws regulating dog control.

§ 130-8 Seizure of dogs.

Any peace officer or police officer shall seize:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

Any unlicensed dog, whether on or off the owner's premises. In the event the unlicensed dog is located on the owner's premises, then the owner shall be first given a written notice that the unlicensed dog must be licensed within one week or else be subject to immediate seizure under this chapter;

(2)

Any dog which is not identified and which is not on the owner's premises; and

(3)

Any dog found in violation of § 130-5 of this chapter; and

(4)

Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a dangerous dog;

(5)

Any dog which poses an immediate threat to public safety;

(6)

Any dog found in violation of any provision of Article 7 of the New York State Agriculture and Markets Law.

All seized dogs shall be kept and disposed of in accordance with the provisions of Article 7 of New York State Agriculture and Markets Law or with the provisions of this chapter.

The peace officer or police officer observing a violation of this chapter in his/her presence shall seize any dog in violation of this chapter and if he or she has reasonable cause to believe that a person has violated any section of this chapter, shall also issue and serve upon such person an appearance ticket for such violation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who observes a dog in violation of this chapter or a person in violation of this chapter may file a complaint affirmed by the Lake Placid Police Department, any police agency having appropriate jurisdiction or other such entity having authority to receive such complaints, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence of the owner of such dog, if known. Such complaint may serve as a basis for enforcing the provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The owner of any dog impounded by the Village of Lake Placid shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, provided that the owner produces:

(1)

A valid dog license;

(2)

A valid rabies vaccination;

(3)

Pays seizure fee of $75; and

(4)

Pays the cost to impound the dog in an amount not to exceed $75.

§ 130-9 Penalties for offenses.

Any person convicted of a violation of this chapter shall be subject to a fine in a minimum amount of $25, but not to exceed $250, and to a term of incarceration not to exceed 15 days, or both. Additionally, an owner shall pay a penalty of $75 for any dog seized and the cost to impound said dog in an amount not to exceed $75.