[HISTORY: Adopted by the Board of Trustees of the Village of Bath as indicated in article histories. Amendments noted where applicable.]
[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:
- OWNER OF ANY DOG
- 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]
In accordance with Subdivision 2 of § 126 of the Agriculture and Markets Law, the Board of Trustees is hereby authorized to prescribe a form for an appearance ticket, information and answer for any violation of this article.
Editor's Note: See now Agriculture and Markets Law § 122, Subdivision 2.
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.
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.
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.