[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-12-1959 as Section 3 of Chapter V of the Ordinances of the Village
of Lancaster (Ch. 45 of the 1976 Code)
[Amended 6-29-1976 by L.L. No. 2-1976]
On and after the date when this article becomes effective, no
person shall keep, breed, raise, harbor or maintain any chickens,
turkeys, ducks, geese, any other fowl or any other bird, or any horses,
mules, goats, rabbits or any other animals, except a dog or a cat,
within the Village of Lancaster.
[Added 3-24-1980 by L.L. No. 3-1980]
No person, firm or corporation shall hereafter keep or maintain
or suffer to be kept or maintained bees within the limits of the Village
of Lancaster without permission of the Board of Trustees of said Village.
Every applicant for such permission shall give at least one week's
notice in writing of such application personally or by mail to the
owners or occupants of all houses and buildings within a distance
of 300 feet from where the bees are to be kept or maintained. No such
application shall be presented to the Village Board without verified
proof of the service of the notice hereinbefore mentioned.
[Added 6-29-1976 by L.L. No. 10-1976]
[Adopted 6-29-1976 by L.L. No. 15-1976 (Ch. 68 of the 1976
Code)]
The purpose of this article shall be to preserve the public
peace and good order in the Village of Lancaster and to contribute
to the public welfare and the preservation and protection of the property
and persons of the inhabitants of said Village of Lancaster by declaring
and enforcing certain regulations and restrictions on activities of
dogs and owners of dogs within the Village.
As used in this article, the following terms shall have the
meanings indicated:
An unleashed dog off the premises of the owner or off the
premises of another person when on the premises of such other person
with that person's consent and approval. No dog shall be deemed to
be "at large" if it is:
[Amended 10-15-1985 by L.L. No. 2-1985; 12-22-2008 by L.L. No.
14-2008]
Any peace officer or other authority designated from time
to time by the Board of Trustees of the Village of Lancaster to enforce
the provisions of this article.
[Amended 12-22-2008 by L.L. No. 14-2008]
All individuals residing within the same dwelling unit as dwelling unit is defined at § 350-84 of this Code.
[Added 8-12-2019 by L.L.
No. 13-2019]
The dog is equipped with a collar to which is attached a
leash not more than eight feet long. Both the collar and leash shall
be of sufficient strength to restrain the dog, and the leash shall
be held by a person having the ability to control and restrain the
dog by means of the collar and leash.
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head of the
household where the minor resides.
All dogs in the Village of Lancaster are hereby required to
be restrained by a leash while off the owner's premises, whether such
dogs are or are not tagged or licensed; provided, however, that dogs
are permitted to be unleashed while off the owner's premises when
on the premises of another person with such other person's consent.
No person who owns, keeps, harbors or has the care, custody or control
of any dog in the Village of Lancaster shall permit such dog to be
at large or unleashed in said Village except as permitted by this
article.
[Amended 10-15-1985 by L.L. No. 2-1985]
A.
Any person owning or harboring any dog within the Village of Lancaster
shall not permit such dog to disturb the peace and quiet of a neighborhood
by annoying the residents thereof by howling, barking or making other
loud noises.
B.
Continual howling and barking or the making of other loud noises
for a period in excess of 1/2 hour shall be considered annoying and
disturbing to persons and shall constitute a violation hereunder.
[Amended 12-22-2008 by L.L. No. 14-2008]
B.
It shall be the duty of each dog owner to remove any feces left by
his or her dog on any sidewalk, gutter, street or other public area.
C.
It shall further be the duty of each dog owner to remove any feces
left by his or her dog on any other private property.
D.
The provisions of this section shall not apply to a service dog performing
tasks for the benefit of a person with a disability.
E.
It shall be an affirmative defense in any prosecution for a violation of Subsections B and C that the owner of or person in possession of the private property refuses to allow the dog owner or person having possession, custody or control of a dog to enter upon such property for the purpose of removing feces left by his or her dog thereon.
A.
The Dog Control Officer is hereby authorized to seize or direct the
confinement of any dog which is reported to have attacked or injured
a human being. Any such dog shall be confined by the owner for such
length of time as may be necessary for the purpose of determining
whether such dog is affected by rabies, and if so affected, it may
be destroyed.
B.
The owner of such a dog shall upon demand deliver the possession
of such dog to the Dog Control Officer and shall upon demand pay to
the Village of Lancaster the cost of confinement and treatment of
the dog.
[Amended 12-22-2008 by L.L. No. 14-2008; 8-12-2019 by L.L. No. 13-2019]
Other than the operators of an authorized kennel as defined and zoned within Chapter 350, Zoning, the members of a household shall not own or harbor more than two dogs per household unless, if one or both of said two dogs is a female, the offspring of said female(s), provided said offspring is less than six months old. Any adult member of a household at which any dog is harbored in violation of this section shall be deemed to be the person responsible for harboring said dog.
The owner of any dog which is vicious or dangerous to persons
shall at all times restrain and control such dog so as to prevent
injury to persons lawfully conducting themselves onto the property
and so as to prevent such dog from putting any person in fear of immediate
bodily harm, provided that such person is lawfully conducting himself
at the time. The owner shall also restrain and control such dog so
as to prevent it from running at large with a pack of other dogs and
from chasing automobiles, moving vehicles, other animals and children.
Any person keeping, harboring or having the care, custody and/or
control of any dog, whether licensed or unlicensed, for a period of
one week prior to any violation of this article shall be deemed to
be the person responsible for keeping, harboring or having the care,
custody and/or control of said dog.
Any person owning, keeping, harboring or having the care, custody
and/or control of any female dog, whether licensed or unlicensed,
shall confine said female dog when in heat on the premises of the
person owning, keeping, harboring or having the care, custody and/or
control of said female dog during said period.
B.
Every dog seized shall be properly fed and cared for at the expense
of the municipality until disposition thereof is made as herein provided
and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
C.
Any dog seized by any Dog Control Officer or peace officer shall
be held for the redemption period and may be redeemed by the owner
within the time and in the manner prescribed by § 118 of
Article 7 of the Agriculture and Markets Law of the State of New York,
provided that the owner pays the following impoundment fees:
[Amended 10-15-1985 by L.L. No. 2-1985]
(1)
Impoundment fees established by the Town of Lancaster at § 13-5
of the Code of the Town of Lancaster and any amendment thereto.
[Amended 12-22-2008 by L.L. No. 14-2008]
D.
The seizure of any dog shall not relieve any person from any violation
provided for by this article.
[Amended 10-15-1985 by L.L. No. 2-1985]
E.
No action shall be maintained to recover the possession or value
of a dog or for damages for injury or for compensation for destruction
of a dog destroyed pursuant to the provisions of this article.
A.
Any Village Justice of the Village of Lancaster shall have jurisdiction
to hear all complaints under this article, and of all actions and
proceedings hereunder and of all prosecutions for the violation of
this article.
B.
Any person who observes or has knowledge of a dog causing damage
or destruction to property of a person other than its owner or violating
any section of this article or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under
oath, with a Village Justice of the Village of Lancaster, specifying
the objectionable conduct of the dog, the date thereof, the damage
caused, a description of the dog and the name and residence, if known,
of the owner or other person harboring said dog.
C.
Upon receipt by the Village Justice of any complaint against the
conduct of any particular dog, the Village Justice 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.
[Added 10-15-1985 by L.L. No. 2-1985]
A.
Unlicensed or licensed. Any dog unidentified, unlicensed or licensed,
in custody of the Dog Control Officer, may be delivered for adoption
by the Dog Control Officer or disposed of by euthanasia after a seven-day
redemption period has expired, except that the redemption period shall
be nine days where the record owner is notified by mail.
B.
Voluntary surrender.
(1)
At the time the dog is surrendered to the Dog Control Officer, the
owner shall execute a consent agreeing to the surrender and further
authorizing the Dog Control Officer, using his discretion, to either:
(2)
Where the record owner surrenders a dog to the Dog Control Officer,
there shall be no redemption period applicable.
(3)
The record owner of the dog shall transfer title to the Town of Lancaster
upon surrender by completing the appropriate license sections and
that owner shall notify the New York State Department of Agriculture
and Markets of the ownership transfer.
C.
Licensing prior to release from custody. No dog shall be delivered
for adoption unless it has been licensed pursuant to Article 7 of
the Agriculture and Markets Law prior to its release from the custody
of the Dog Control Officer.
D.
Fees.
(1)
There shall be no fee for adoption of a dog.
(2)
There shall be no fee for the voluntary surrender of a dog to the
Dog Control Officer for purposes of adoption.
[Amended 12-22-2008 by L.L. No. 14-2008]
(3)
There shall be a fee for the euthanasia and disposal of a dog, which
shall be in the amount equal to the cost incurred by the Dog Control
Officer in providing this service.
[Added 12-22-2008 by L.L. No. 14-2008]
E.
Violations. The disposition by euthanasia or delivery for adoption
of a seized dog shall not relieve any person from any violations of
this article or of the New York State Agriculture and Markets Law.
[Amended 10-15-1985 by L.L. No. 2-1985; 11-13-2006 by L.L. No.
4-2006]
