[Adopted 5-10-1980 by L.L. No. 1-1980]
The Village Board of the Village of Red Hook 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 has
created nuisances within the Village. The purpose of this article
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.
This article is enacted pursuant to provisions of Article 7
of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Village of Red Hook."
As used in this article, the following words shall have the
following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the
species Canis Familiaris.
DOG CONTROL OFFICER
Any individual appointed by a municipality to assist in the
enforcement of Article 7 of the Agriculture and Markets Law or any
authorized officer, agent or employee of an incorporated humane society
or similar incorporated dog protective association under contract
with a municipality to assist in the enforcement of Article 7 of the
Agriculture and Markets Law.
OWNER
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Village Dog Control Officer and a reasonable search
been made. If a dog is not licensed, the term "owner" shall designate
and cover 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. Any person owning or harboring a dog for
a period of one week prior to the filing of any complaint charging
a violation of this article shall be held and deemed to be the owner
of such dog for the purpose of this article. In the event that the
owner of any dog found to be in violation of this article shall be
under 18 years of age, the head of the household in which said minor
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of said dog and violation of this
article.
RUN AT LARGE
Any dog that is unleashed and on property open to the public
or 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 run 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.
It shall be unlawful for any owner of any dog in the Village
to permit or allow such dog to:
B. Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
C. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent or approval of the owner
thereof.
D. Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
E. Habitually chase, run along side of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place or upon private
property without the consent or approval of the owner of such property.
F. Create a nuisance by digging on public property or on private property
without the consent or approval of the owner of such property.
[Amended 1-20-1999 by L.L. No. 1-1999]
G. If a female dog when in heat, be off the owner's premises unrestrained
by a leash.
H. Kill, injure or harass domestic animals or other dogs or cats.
The procedure for seizure and impoundment of dogs in violation
of Article 7 of the Agriculture and Markets Law and this article is
as follows:
A. The Dog Control Officer or any peace officer shall seize any unlicensed
dog, whether on or off the owner's premises; any dog not wearing
a tag, not identified and which is not on the owner's premises
and may seize any dog found in violation of this article. Such seized
dog shall be kept and disposed of in accordance with the provisions
of Article 7 of the Agriculture and Markets Law. The Dog Control Officer
or peace officer shall also investigate and report to a Town Justice
of the Town of Red Hook or a Village Justice of the Village of Red
Hook any dangerous dog as described in Article 7 of the Agriculture
and Markets Law and see that the order of the Town or Village Justice
in such case is carried out.
B. The Dog Control Officer or a peace officer observing a violation
of this article in his presence shall issue and serve an appearance
ticket for such violation.
C. Any person who observes a dog in violation of this article may file
a complaint under oath with a justice of the Town or Village of Red
Hook specifying the nature of the violation, the date thereof, a description
of the dog and the name and residence, if known, of the owner of such
dog. Such complaint may serve as the basis for enforcing the provisions
of this article.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days.
[Adopted 4-6-1992 by L.L. No. 2-1992]
Any person owning or in charge of any dog which soils, defiles,
defecates on or commits any nuisance on any common thoroughfare, sidewalk,
passageway, play area, park or any place where people congregate or
walk or upon any private property, without the permission of the owner
of said property, shall immediately remove all feces deposited by
any such dog, in a sanitary manner.
The feces removal from the aforementioned designated areas shall
be disposed of by the person owning or in charge of any such dog in
a sealed, nonabsorbent, leakproof container.
The provisions of this article shall not apply to blind persons
who may use dogs as guides.
[Amended 1-20-1999 by L.L. No. 1-1999]
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punishable by
a fine of not more than $250 or imprisonment for not more than 15
days, or both. Each day of continuance of an offense shall be considered
a separate offense.
In no event shall feces be deposited in drains or sewers, whether
storm or sanitary.