The Village of Cornwall-on-Hudson, New York, finds that the
running at large and other uncontrolled behavior of animals has caused
physical harm to persons, damage to property, and impairment of the
public health and created 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 and regulations upon
the harboring of animals and the seizure of same within the Village.
This chapter is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
This title of this chapter shall be the "Animal Control Ordinance
of the Village of Cornwall-on-Hudson" and shall apply to the entire
Village of Cornwall-on-Hudson.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
ANIMAL
A dog, cat or a companion animal, as defined in this section.
ANIMAL CONTROL OFFICER
Any person or persons appointed by the Village, or by the
Town of Cornwall, or by any other municipality, or by an authorized
humane society or protective association with which the Village contracts
for services, for the purposes of enforcing this chapter and Article
7 of the Agriculture and Markets Law.
ANIMAL HOUSE
An enclosed shelter providing protection from the elements
for an animal.
ANIMAL SHELTER
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
AT LARGE
Any unleashed animal off the premises of the owner and on
or in a public place or private property not owned or leased by the
owner of the animal, unless permission for such presence has been
obtained. No animal shall be deemed "at large" if it is:
A.
A police work dog in use for police work; or
B.
Accompanied by its owner or other responsible person and actively
engaged in hunting or training for hunting on unposted land or on
posted land with the permission of the owner of the land.
CAT
Both male and female cats and shall include the singular
and plural.
COMPANION ANIMAL
Any domesticated animal, other than a dog or a cat, harbored
in the household or on the residential premises of the owner of such
companion animal, and shall include the singular and the plural. For
purposes of this chapter, an animal is S presumed domesticated if
it is harbored in or near the household or on the residential premises
of its owner, without regard as to whether the species to which said
animal belongs is generally accepted as being domesticated.
DOG
Both male and female dogs and shall include the singular
and plural.
GUARD DOG
Any dog trained or exclusively used for the purpose of protecting
people, property or businesses.
HARBOR
To provide food or shelter to any animal.
IDENTIFIED ANIMAL
Any animal which an Animal Control Officer, peace officer,
when acting pursuant to the officer's special duties, or Village
police officer knows, or has a reasonable basis to believe he or she
knows, the identity of said animal's owner.
LEASHED
Restrained by a leash of any type attached to a collar or
harness of sufficient strength to restrain the animal and which shall
be held by a person having the ability to control the animal.
OWNER
Any person having a right of property in, or who harbors,
an animal.
PIT BULL
A.
A dog belonging to any of the following breeds or possessing
any of the characteristics' of such breeds as such breeds and
characteristics are defined by the American Kennel Club:
(1)
The bull tether breed of dog;
(2)
The Staffordshire bull tether breed of dog;
(3)
The American pit bull breed of dog; or
(4)
The American Staffordshire-terrier breed of dog; or
B.
As well as any dog which has the appearance, characteristics
or ancestry of being predominantly of at least one of the above-stated
breeds and/or any other breed commonly known as "pit bulls," "pit
bull dogs" or "pit bull tethers" or a combination of any of these
breeds.
PRIVATE PROPERTY
Includes all areas within the Village, both indoors and outdoors,
which are not Public Places and shall include the singular and plural.
PUBLIC PLACE
Includes all areas within the Village, both indoors and outdoors,
which are owned, leased and otherwise controlled by any government
entity and shall include the singular and plural.
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death,
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
or any bodily organ or part.
UNIDENTIFIED ANIMAL
Any animal which an Animal Control Officer, peace officer,
when acting pursuant to the officer's special duties, or Village
police officer does not know, or lacks a reasonable basis to believe
he or she knows, the identity of said animal's owner.
VILLAGE
The Village of Cornwall-on-Hudson, County of Orange, State
of New York.
Any person who violates this chapter or knowingly permits the
violation of this chapter or any of its provisions or who shall molest,
obstruct or interfere with any Animal Control Officer, peace officer,
when acting pursuant to the officer's special duties, or Village
police officer while engaged in the enforcement of this chapter shall
be deemed to have committed an offense against this chapter, and any
person convicted of any such violation shall be liable for the following
fines, penalties and/or imprisonment:
A. Any person convicted of a violation of this chapter shall forfeit
and pay as a civil penalty $50 for a first violation, $100 for a second
violation committed within a five-year period of the first violation,
and $100 for each violation thereafter committed within five years
of the first violation.
B. Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be deemed to have committed an offense against
this chapter and shall be punishable by a fine not exceeding $100.
C. The imposition of any penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects within
24 hours of the issuance of such citation or accusatory instrument
to the violator. Each day that prohibited conditions exist shall constitute
a separate offense.
D. In the event that any person is guilty of a second or subsequent violation of the same or any other provision of this article, in addition to any other penalties which may be imposed, the animal in question, even if such animal was not the subject of the prior violation or violations, may be confiscated by the Village and then destroyed, in accord with the provisions of §
69-7.
E. The application of the above penalties shall not be held to prevent
the enforced removal of prohibited conditions. The Village shall have
the right to recover from the owner, proprietor or other person(s)
responsible for any animals or premises the cost to the Village of
correcting or removing such conditions. In the event the person(s)
responsible fail to reimburse the Village for its costs, the Village
may relevy such costs as a tax upon the real property where such conditions
existed and may thereafter enforce the collection of same as provided
by law for the collection of taxes.
Any person who observes an animal in violation of this chapter
may file a deposition or complaint under oath with the Justice of
the Town of Cornwall, or any Animal Control Officer, peace officer,
when acting pursuant to the officer's special duties, or Village
police officer, specifying the nature of the violation, the date thereof,
a description of the animal and the name and residence, if known,
of the owner of such animal. Such deposition or complaint may save
as the basis for enforcing the provisions of this chapter.
This article shall supersede any inconsistent provisions of
Article 7 of the Agriculture and Markets Law, except as otherwise
prohibited under Agriculture and Markets Law § 122, Subdivision
1.