Village of Celoron, NY
Chautauqua County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Board of Trustees of the Village of Celoron as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 135.
Peace and good order — See Ch. 139.
[Adopted 2-28-1983 by L.L. No. 3-1983; amended in its entirety 8-24-2009 by L.L. No. 4-2009 (Ch. 7 of the 1966 Code)]
It appearing that dogs in the Village of Celoron have, in some instances, been allowed to cause annoyance and damage to the person and properties of others and it appearing further that dogs properly cared for serve a useful purpose, the Village of Celoron enacts the following article to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.[1]
[1]
Editor's Note: Original § 7-2, Title, of the 1966 Code, which immediately followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.
As used in this article, the following words shall have the following respective meanings:
ANIMAL CONTROL OFFICER
The person authorized by the Village Board of Trustees from time to time, by resolution, to enforce the provisions of this article, having all of the powers of a constable or other peace officer in the execution of the provisions of this article, including the service of a summons, the service of an appearance ticket pursuant to and in accordance with the Agriculture and Markets Law of the State of New York, regulations as established by the Department of Environmental Conservation, county law, this chapter and the service and execution of any other order or process, notwithstanding any provisions of the Uniform Justice Court Act. The Animal Control Officer shall be authorized and required to take all steps necessary and appropriate to prevent and to limit disturbance of the peace, nuisances, injury to persons, animals or property, and the possible spread of disease, by domestic and/or wild animals, including the authority to trap, confine, test, euthanize, and deliver such animals to persons or organizations authorized to conduct such activities.
[Amended 12-9-2013 by L.L. No. 4-2013]
OWNER
Any person who is an owner of a licensed dog and/or any person who keeps, feeds or harbors a dog. The owner need not be a resident of the Village of Celoron but, for a violation to occur, the dog must be in the Village of Celoron.
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog, while in the Village of Celoron, to:
A. 
Be outdoors without being restrained by an adequate collar of a length and strength sufficient so such dog cannot leave the boundaries of the premises of the owner, or the individual harboring the dog; or, in the alternative, the dog must be confined within an area upon the premises which shall have a secure fence which shall prohibit the dog from leaving the premises. Furthermore, any dog shall be restrained by an adequate collar and leash no longer than six feet long when not on the premises of the owner, or the individual harboring the dog.
[Amended 9-12-2011 by L.L. No. 4-2011]
B. 
Engage in habitual loud howling or barking or to conduct itself in such a manner as to habitually annoy any person other than the owner of such person harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. 
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
F. 
Defecate in such a way as to cause annoyance to persons other than the owner.
G. 
Tip over trash cans or other devices used to contain refuse.
H. 
Remain in the Village of Celoron unless licensed in accordance with the New York State Agriculture and Markets Law.
I. 
No dog shall be allowed on Village-owned property known as Lucille Ball Memorial Park and Burtis Street Playground unless such dog is securely under control and on a leash and the person in possession of the dog immediately removes and properly disposes of any defecation from such dog.
[Added 8-24-2009]
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to enclosed premises of such person during such period.
A. 
This article shall be enforced by the Animal Control Officer, the Village Trustee with the designated responsibility for animal control issues, or by any other law enforcement or peace officer.[1]
[1]
Editor's Note: Original § 7-6B of the 1966 Code, regarding enforcement by a Village Trustee with designated responsibility for animal control issues, which immediately followed this subsection, was repealed 12-9-2013 by L.L. No. 4-2013.
B. 
The Animal Control Officer, designated Village Trustee, or peace officer observing a violation of this article in his or her presence shall issue and serve an appearance ticket for such violation, which appearance ticket shall be in the form prescribed by the Agriculture and Markets Law of the State of New York and this article.
[Added 8-24-2009; 12-9-2013 by L.L. No. 4-2013]
[Amended 12-9-2013 by L.L. No. 4-2013]
Any dog which violates any of the provisions of this article may be impounded and taken to such places as may be designated by the Village Board of Trustees as a place of detention until disposition thereof shall have been made in accordance with the provisions of this article.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that the dog seized bears a license tag, the person seizing the dog shall, within three days thereafter, ascertain the name of the owner and give the owner immediate notice by serving upon the owner an instrument, in writing, stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be made available for adoption or euthanized as provided in statute unless redeemed or a trial is demanded within seven days of the impounding of the dog. If notification is personally given, such dog shall be held for a period of seven days after service of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that the dog seized does not bear a licensed tag or the owner is unknown, the Animal Control Officer or other law enforcement officer shall be authorized to euthanize the dog as provided in statute five days after impounding or to dispose of the dog by sale or other means, unless the owner redeems the dog, if permitted, or unless a trial is demanded by the owner within five days of seizure.
[Amended 12-9-2013 by L.L. No. 4-2013]
If the dog is to be redeemed, the owner shall pay the Animal Control Officer or Village Clerk-Treasurer a fee of $25.
A. 
The owner of a dog who is issued an appearance ticket pursuant to § 65-7 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If the person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of penalties and fines for violation of this article, and a certified check or money order in the amount of the penalty for the violation charged shall be submitted with such answer.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket, together with a certified check or money order in the amount of $15, to the office of the court specified on such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and/or trial 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. The person charged with a violation hereunder, should he or she request a trial as provided herein, shall pay for the care of the dog while impounded.
D. 
In the event that there is a violation of this article based upon an information and not an appearance ticket and the owner of the dog denies a violation, he shall post bail of $25, pay for the care of the dog while impounded and demand, in writing, a trial. The Animal Control Officer or other law enforcement officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedures and proof applicable in criminal action shall apply.
[Amended 12-9-2013 by L.L. No. 4-2013]
If an impounded dog is not redeemed or a trial demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Village of Celoron or euthanized as provided in statute by the appropriate official hereinafter provided.
[Amended 12-9-2013 by L.L. No. 4-2013]
To the extent authorized by this chapter, the Animal Control Officer is hereby authorized to sell any dog impounded at such price as he shall determine to be fair and shall deposit such sum in the general fund of the Village of Celoron. The Village Clerk shall keep a record of all sales, and such records shall be open to public inspection. Such records shall be kept for one year.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that it becomes necessary to euthanize a dog, the Animal Control Officer or other law enforcement officer shall arrange, through a veterinarian or Animal Control Officer in his facilities, to humanely euthanize. Any Animal Control Officer that euthanizes a dog must make a report in writing to the Village Clerk. This report will be kept on file for one year.
[Amended 12-9-2013 by L.L. No. 4-2013]
A violation of this article shall be deemed an offense, and a person convicted of a violation shall be liable to a fine for a first violation of $25; for a second violation within the preceding year, to a fine of $50, and for a third and subsequent violation within the preceding year, to a fine of $100 or imprisonment for not more than 15 days, or both. In addition, a dog found to be dangerous may be ordered securely confined or euthanized at the discretion of the Court.
[Amended 12-9-2013 by L.L. No. 4-2013]
The owner, possessor or harborer of any dogs euthanized under the provisions of this article shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
[Amended 12-9-2013 by L.L. No. 4-2013]
The cost of the confinement of a dog ordered by a court or required by statute shall be $25 per day, plus the necessary and reasonable costs associated with veterinary care and other costs associated with the well-being of the animals, said costs to be reimbursed to the Village immediately upon the owner obtaining said dog.