[Adopted 11-17-1980 by L.L. No. 5-1980 (Ch. 11 of the 1971
Code)]
[Amended 4-4-2011 by L.L. No. 10-2011]
This article shall be known and cited as the "Dog Control and
Licensing Law of the Village of Buchanan, New York."
[Amended 4-4-2011 by L.L. No. 10-2011]
This article is enacted pursuant to the provisions Article 7
of the Agriculture and Markets Law of the State of New York, the Village
Law of the State of New York and the Code of the Village of Buchanan,
New York.
[Amended 4-4-2011 by L.L. No. 10-2011]
The Board of Trustees of the Village of Buchanan finds that
the running at large and other uncontrolled behavior of dogs have
caused physical harm to domestic animals and persons, damage to property,
and have created nuisances within the Village. The purpose of this
article is to provide for the licensing and identification of dogs,
to control and protect the dog population, and to protect the health,
safety and well-being of persons, property, and other animals by imposing
restrictions and regulations upon the keeping or running at large
of dogs and the seizure thereof within the Village of Buchanan.
[Amended 4-4-2011 by L.L. No. 10-2011]
As used in this article, all terms shall have the same meanings
as set forth in Article 7 of the Agriculture and Markets Law, except
that the following terms shall have the meanings indicated:
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 be at large if it is a police work dog in use for
police work or 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.
Any such animal securely confined or restrained or kept on
the owner's premises within a building, kennel or substitute
enclosure or securely fastened on a chain, wire or other restraint
or on the premises of anyone with permission of the owner or occupant
of such premises, restrained by leash or under the control of the
owner or occupant or, if the animal is being transported by the owner,
securely confined in a crate or other container or so restrained in
a vehicle that it cannot escape therefrom.
The person appointed by the Village of Buchanan to assist
in the enforcement of this article or contracted for with a person
who is appointed with another municipality as a dog control officer
and contracted for by the Village of Buchanan for this service.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that
any dog is owned by a person under 18 years of age, the owner shall
be deemed to be the parent or guardian of such person or the head
of the household in which said person resides.
Every dog within the Village of Buchanan shall be confined.
[Added 4-4-2011 by L.L. No. 10-2011]
A.
License required. Any dog harbored within the Village that is four
months of age or older shall be licensed, unless otherwise exempted
under state law or this article.
(1)
Exemption from identification and license. Any dog harbored within
the Village and owned either by a resident of any city having a population
of over 2,000,000 or by a nonresident of this state is exempt from
the identification and licensing provisions of this article for a
period of 30 days, provided such dog is licensed pursuant to the provisions
of law of the area of residence.
B.
Application and fees. Application for a dog license shall be made
by the dog owner to the Village Clerk and shall be accompanied by
the license application fee, any applicable license surcharges and
such additional fees or surcharges as may be established by resolution
of the Board of Trustees from time to time. The application shall
include all information and certificates required under Article 7
of the Agriculture and Markets Law and shall also include information
required pursuant to regulations promulgated by the Village Administrator.
(1)
Exemption from license fees. Exempt from the license fee are applications
submitted for a dog license for any guide, hearing, service, war,
working, search, detection, police or therapy dog.
C.
Validity of license; transferability. Each dog license issued hereunder
shall be valid for a period of one year; provided, however, that no
license shall be issued for a period expiring after the last day of
the 11th month following the expiration date of the current rabies
certificate for the dog being licensed.
D.
Exemption from carrying identification tag. A dog participating in
a dog show shall be exempt from the identification requirement of
§ 111 of the Agriculture and Markets Law during such participation.
E.
Special tags. The Village shall issue a special tag for identifying
any guide dog, service dog, hearing dog or detection dog. Such special
tag shall be in addition to the identification tag required under
Article 7 of the Agriculture and Markets Law.
F.
Violations. In addition to the violations set forth in Article 7
of the Agriculture and Markets Law, any noncompliance with any provision
of this section shall be a violation punishable as provided in § 118
of Article 7 of the Agriculture and Markets Law.
No person being the owner or agent of the owner of any dog shall
permit such dog to commit any nuisance within the Village of Buchanan.
The following are defined to be nuisances:
A.
A dog engaged in loud howling or habitual barking, crying or whining
or so conducting itself in such a manner so as to unreasonably or
habitually disturb the comfort or repose of any person other than
the owner of such dog.
B.
A dog chasing and/or animals barking at motor vehicles or persons
on a street or highway or on public or private property other than
the property of the owner or harborer of such dog.
C.
A dog jumping upon, chasing, barking at or otherwise harassing any
person in such a manner as to unreasonably cause intimidation or fear
or to put such person in reasonable apprehension of bodily harm or
injury.
D.
A dog found upon the grounds of any school in the Village of Buchanan
in the time of year as such schools are open and between one hour
prior to commencement of the school day or one hour after the end
of the school day or upon the playground within said Village of Buchanan
at any hour during the time of the year when playground activities
are conducted.
E.
Dogs running together in a pack or in any way forming a pack of dogs.
(For the purpose of this article, the word "pack" is hereby defined
to mean three or more dogs.)
F.
A dog defecating, urinating, digging or otherwise damaging public
or private property other than the property of said owner.
G.
A dog upsetting or otherwise interfering with garbage receptacles.
H.
A dog found in any commercial establishment without the consent or
permission thereof.
I.
A dog kept or placed by its owner under cruel and unsanitary or otherwise
inhuman conditions or being abandoned by the owner.
J.
A dog causing damage to property of persons or others.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York may, in the alternative, be dealt with in accordance
with Article 7 of said law.
A.
Any person who observes or has knowledge of a dog's violating
any provision of this article may file a complaint, under oath, with
the Village Police specifying the objectionable conduct of the dog
and the name and address of the owner or the person harboring said
dog.
B.
Upon receipt by the Village Police of any such complaint or in the
event that any dog is found by the Dog Control Officer to be in violation
of any provision of this article, the Dog Control Officer shall, if
possible, seize and take into custody said dog and make a statement
to the Village Police with respect to the same, and the Police Department
shall issue and deliver to the owner of said dog an appearance ticket
detailing the violations and instructing the owner to appear before
the Justice of the Village of Buchanan, or to answer such appearance
ticket by registered or certified mail, return receipt requested,
within five days of such violation. If said appearance ticket is disregarded
by such person, the complainant or the Village Police may file an
information in such Court, which Court may then issue a warrant for
the arrest of such person.
C.
Any person thereafter convicted of a violation of this article shall
be punished for a first offense by a fine not to exceed $50; for a
second offense by a fine not to exceed $100 or two days in prison,
or both such fine and imprisonment; for a third offense by a fine
not to exceed $150 or 10 days in prison, or both such fine and imprisonment.
[Amended 12-6-2016 by L.L. No. 4-2016; 8-1-2017 by L.L. No. 5-2017]
[Amended 4-4-2011 by L.L. No. 10-2011]
A.
Any dog found in violation of the provisions of this article may
be seized pursuant to the provisions of Article 7 of the Agriculture
and Markets Law.
B.
The owner may redeem a seized dog by producing proof of licensing
and identification pursuant to the provisions of Article 7 of the
Agriculture and Markets Law and by paying the impoundment fees set
forth in this article.
C.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees, whether or not such owner chooses
to redeem his or her dog.
D.
Impoundment fees. The owner shall pay the following impoundment fees:[1]
(1)
For the first impoundment of any dog owned by that person: as set
by resolution of the Board of Trustees.
(2)
For the first 24 hours or part thereof and for each additional 24
hours or part thereof for the second impoundment, within one year
of the first impoundment, of any dog owned by that person: as set
by resolution of the Board of Trustees.
(3)
For the first 24 hours or part thereof and for each additional 24
hours or part thereof for the third and subsequent impoundments, within
one year of the first impoundment, of any dog owned by that person:
as set by resolution of the Board of Trustees.
A.
This article shall not apply to the dogs exempt from the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York by virtue or to dogs exempt from the provisions of the Conservation
Law, where applicable.[1]
[1]
Editor's Note: Former Subsection B, regarding provisions for
a person who employs, uses, or trains a dog for hunting purposes,
which immediately followed, was repealed 12-6-2016 by L.L. No. 4-2016.
