[HISTORY: Adopted by the Board of Trustees of the Village
of Bath as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-17-1971]
[Amended 4-30-1979 by L.L. No. 4-1979]
It shall be unlawful for any person to own or harbor a dog within
the Village unless such dog is licensed in accordance with the provisions
of the Agriculture and Markets Law of the State of New York.
No dog shall be permitted off the owner's premises 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 animal. For
the purpose of this article, a dog or dogs hunting in company with
a hunter or hunters shall be considered as accompanied by their owner.
It shall be unlawful to keep any dog within the corporate limits
of the Village that by barking, howling or making any other noise
causes any disturbances or creates any nuisance. Upon receipt by the
Village Justice or designated authority of any complaint against the
conduct of any particular dog, the Village Justice or designated authority
may summon the alleged owner or other person harboring said dog to
appear in person before him; if the summons is disregarded, the Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
It shall be unlawful to keep any dog within the corporate limits
of the Village in such a manner and nature that shall injure or annoy
any of the inhabitants of the Village by reason of the same being
dangerous, offensive or unhealthy or whose enclosure or pen shall
omit noxious odors. Violations of the same are hereby declared to
be nuisances and as such shall be immediately abated by the person,
firm or corporation keeping the same after notice of the existence
of such nuisance shall have been served upon such person, firm or
corporation by a proper party of the Village. Dogs will have proper
care, such as food, water, shelter and exercise facilities.
[Added 2-21-2006 by L.L. No. 1-2006]
It shall be unlawful to allow any dog to create a nuisance by
defecating, urinating or digging on public property, or upon private
property, without the consent or approval of the owner(s) of such
public or private property.
The owner of any dog, when notified that such dog has bitten
or scratched any person or has otherwise injured any person as to
cause an abrasion of the skin, shall not sell or give away such dog
or permit or allow such dog to be taken beyond the limits prescribed
by the designated authority, but it shall be the duty of such owner,
within 24 hours of receiving notice of the character aforesaid, to
immediately place such dog in confinement for a period of at least
14 days for observation or to deliver such dog to authorized personnel
of the Village of Bath for such placement. In case such dog is delivered
to a veterinary hospital, notice of the name and location of such
hospital shall be immediately furnished to the designated authority
by the owner of such dog, and upon receipt of such dog, the veterinary
hospital shall submit to the designated authority a certificate that
such dog either shows no symptoms of rabies or does show symptoms
of rabies. If, at the expiration of 14 days of confinement in such
veterinary hospital, said veterinary hospital shall submit to the
designated authority of the Village of Bath a second certificate stating
that the dog does not have rabies, the dog may then be released to
its owner. In the event that such same dog bites or scratches any
person or has otherwise injured any person as to cause an abrasion
of the skin within 24 months of the prior attack, such owner shall,
within seven days after the attack, have the dog destroyed or shall
keep the same confined in a secure enclosure at all times. Notification
should also be given to the Health Department, all expenses to be
handled by the owner.
For the purpose of this article, the following terms shall have
the meanings indicated:
An adult member of the household where such dog is permitted
to remain on the premises more than seven days.
[Amended 4-30-1979 by L.L. No. 4-1979]
All dogs running at large will be seized, if possible, and will
be held, for a period of seven days if unlicensed or 12 days if licensed,
at a dog shelter provided for or on behalf of the Village. Upon seizure
of any dog, intelligent efforts shall be made to notify the owner
of such dog, and during the time specified above such owner may recover
said dog by paying the redemption fees and charges specified below
and, if the dog is unlicensed, by producing a license for such dog.
Upon expiration of the time period specified above, any dog not claimed
or redeemed may be destroyed or otherwise disposed of as provided
in the Agriculture and Markets Law.
[Amended 4-30-1979 by L.L. No. 4-1979; 3-20-2006 by L.L. No. 2-2006]
An owner claiming a dog will be responsible for all costs, including,
but not limited to, board, rabies inoculation shots, etc., as well
as a redemption fee as shall be determined by resolution of the Board
of Trustees of the Village of Bath from time to time. All such costs
shall be made payable to the Village of Bath.
This article shall be enforced by an employee of the Village
of Bath so designated by the Mayor and Board of Trustees.
[Amended 4-30-1979 by L.L. No. 4-1979; 10-20-2008 by L.L. No. 5-2008]
Any offense against the provisions of this article shall be
deemed a violation and any person convicted of a violation shall be
liable to a fine as shall be established and amended from time to
time by resolution of the Village of Bath Board of Trustees. A schedule
of said fines shall be on file in the office of the Village Clerk
and shall be available upon request. Said fine(s) may be recovered
in a civil action in the name of the Village of Bath.
[Added 4-30-1979 by L.L. No. 4-1979]
A.
In accordance with Subdivision 2 of § 126 of the Agriculture
and Markets Law,[1] the Board of Trustees is hereby authorized to prescribe
a form for an appearance ticket, information and answer for any violation
of this article.
[1]
Editor's Note: See now Agriculture and Markets Law § 122,
Subdivision 2.
B.
An answer to such appearance ticket may be made by registered or
certified mail, return receipt requested, within five days of the
violation, in lieu of a personal appearance on the return date at
the time and court specified in said appearance ticket.
C.
If the person charged with the violation admits to the violation
as charged in the appearance ticket, he may complete the answer form
and forward it and the appearance ticket to the office specified.
With the answer, such person shall also submit a check or money order
in the amount of the penalty for the violation charged, as specified
in the schedule of penalties appearing on the answer form.
D.
If the person charged with the violation denies part or all of the
violation as charged in the appearance ticket, he may complete an
appropriate form likewise prescribed for that purpose and forward
such form and appearance ticket, together with security in the amount
of $15, to the office specified on such appearance ticket. Upon receipt,
such answer shall be entered and a new return date established by
said office. Such person shall be notified by return mail of the date
and place of such return date, and the security shall be returned
upon appearance thereat. If a person shall fail to appear at a return
date when such is provided for pursuant to this section, the security
posted to secure such appearance shall be forfeited and a summons
or a warrant of arrest may be issued pursuant to the Criminal Procedure
Law.
