[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch as Ch. 38 of the 1973 Code. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are
defined as follows:
Includes the singular and the plural and both the male and
female animal.
Any person or persons, firm, association or corporation.
It shall be unlawful for any person owning, possessing or harboring
any dog to allow such dog, whether licensed or not, to run loose or
be at large in any of the territorial limits of the Incorporated Village
of the Branch, except upon any real property owned, leased or lawfully
occupied by the owner of or person harboring or possessing such dog,
without being securely muzzled, unless such dog is under the immediate
and full control of the owner or person in charge thereof and unless
such dog is on a leash.
[Added 1-9-2007 by L.L. No. 1-2007]
A.Â
No person owning, possessing, or harboring a dog shall knowingly,
carelessly, or negligently permit such dog to commit any nuisance
in or upon any public property, including, but not limited to, parks,
roadways, streets, walkways, pathways, sidewalks, or off-leash areas,
or upon the floor of any theater, store, factory, or any building
which is used in common by the public; nor shall any person omit to
do any reasonable and proper act or take any reasonable and proper
precaution to prevent any such dog from committing such a nuisance
in or upon any of the places or premises herein specified.
B.Â
No person owning, harboring, keeping, or in charge of any dog shall
cause, suffer, or allow such dog to soil, defile, urinate, defecate
on or deface any public property, including, but not limited to, parks,
roadways, highways, streets, walkways, pathways, sidewalks, or off-leash
areas, or any place where people congregate or walk or on any private
property without the permission of the owner of said private property.
C.Â
Exceptions. Dogs may be curbed on that portion of a roadway or street
lying between the curblines. A person who curbs a dog shall immediately
remove, in a suitable container, all feces deposited by such dog.
The feces removed from the designated area shall be disposed of in
a sanitary manner by the person owning, harboring, keeping, or in
charge of any dog in accordance with the provisions of this subsection.
The requirements of this subsection shall not apply to a person who
is visually impaired and/or disabled and is accompanied by a guide
or service dog.
Any person owning, harboring or keeping a dog shall place and
keep on such dog a suitable collar to which shall be securely attached
a dog license tag for such dog in accordance with the requirements
of Article 7 of the Agriculture and Market Law of the State of New
York. No dog shall be permitted to be at large without a collar and
tag.
It shall be unlawful to keep more than two dogs six months old
or older on any premises, regardless of the number of owners.
[Added 1-9-2007 by L.L. No. 1-2007]
For the purposes of this chapter, it shall be presumed that
any dog harbored in a residential dwelling is owned by and possessed
by all adults residing in the residential dwelling wherein the dog
is being harbored.
[Amended 1-9-2007 by L.L. No. 2-2007]
A.Â
Any person who violates or refuses to comply with this chapter shall
be liable to a fine not to exceed $500 for each offense or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
The Village Board shall have the power to designate any persons it
deems necessary in its discretion to enforce this chapter.
