[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-9-1984 by L.L. No. 9-1984]
This article shall be cited and may be referred to hereinafter
as the "Dog Control Law of the Village of Wesley Hills."
It is the intention of the Board of Trustees of the Village
of Wesley Hills by the adoption of this article to preserve public
peace and good order in the Village of Wesley Hills and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs which are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Village of Wesley Hills.
For the purposes of this article, the following terms shall
have the following meanings:
Any dog that is unleashed or not under the full and immediate
control of a person in charge and is 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 guide dog actually leading
a blind person or is a police work dog in use for police work or is
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 member of the species canis familiaris.
Any individual appointed by the Village of Wesley Hills to
assist in the enforcement of this article.
Any animal defined as a "domestic animal" in § 108
of Article 7 of the Agriculture and Markets Law of New York State
and, in addition, any dog or cat kept as a pet by any person.
[Added 9-10-1985 by L.L. No. 3-1985]
To provide food or shelter to any dog.
Any person who keeps, harbors or has custody, care or control
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of parents or other head of household where the minor
resides. Any person harboring a dog for a period of one week shall
be deemed to be the owner of the dog for the purpose of enforcing
this article.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
A noise of a type or volume that a reasonable person of normal
sensitivities, under the circumstances, would not tolerate.
It shall be unlawful for any owner of a dog in the Village of
Wesley Hills to permit or allow such dog to engage in the following
enumerated acts:
A.
Running at large. It shall be unlawful for any owner of a dog within
the limits of the Village of Wesley Hills to permit such dog, whether
licensed or not, to be at large.
B.
Nuisance. It shall be unlawful for any owner of a dog in the Village
of Wesley Hills to permit or allow such dog to engage in habitual
loud howling, barking or whining so as to create a public nuisance
or create unreasonable noise across real property boundaries.
C.
Dangerous dogs. It shall be unlawful for any dog owner who knows
or has reason to know of any dangerous and vicious propensities of
said dog to permit the dog to run at large in the Village of Wesley
Hills.
[Amended 9-10-1985 by L.L. No. 3-1985[1]]
(1)
Any person who witnesses an attack or threatened attack, or, in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in § 350 of the Agriculture and Markets Law, farm animal as defined in § 350 of the Agriculture and Markets Law, or a domestic animal as defined in this article to a Dog Control Officer of the Village of Wesley Hills. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subsection C(2) of this section, and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
(2)
Any person who witnesses an attack or threatened attack, or, in the case of a minor, an adult acting on behalf of such minor, may, and any Dog Control Officer as provided in Subsection C(1) hereof shall, make a complaint under oath or affirmation to the Village Justice of such attack or threatened attack. Thereupon, the Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Dog Control Officer, peace officer, acting pursuant to his or her special duties, or police officer, directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a dangerous dog by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the Justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following, as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
(a)
Evaluation
of the dog by a certified applied behaviorist, a board-certified veterinary
behaviorist, or another recognized expert in the field and completion
of training or other treatment as deemed appropriate by such expert.
The owner of the dog shall be responsible for all costs associated
with evaluations and training ordered under this subsection;
(b)
Secure,
humane confinement of the dog for a period of time and in a manner
deemed appropriate by the court but in all instances in a manner designed
to prevent escape of the dog; protect the public from unauthorized
contact with the dog; and to protect the dog from the elements pursuant
to § 353-b of the Agriculture and Markets Law. Such confinement
shall not include lengthy periods of tying or chaining;
(c)
Restraint
of the dog on a leash by an adult of at least 21 years of age whenever
the dog is on public premises;
(d)
Muzzling
the dog whenever it is on public premises in a manner that will prevent
it from biting any person or animal but will not injure the dog or
interfere with its vision or respiration; or
(e)
Maintenance
of a liability insurance policy in an amount determined by the court,
but in no event in excess of $100,000 for personal injury or death
resulting from an attack by such dangerous dog.
(3)
Euthanasia or permanent confinement.
(a)
Upon a finding that a dog is dangerous, the Justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to Subsection C(2) of this section:
[1]
The dog, without justification, attacked a person causing serious
physical injury or death; or
[2]
The dog has a known vicious propensity as evidenced by a previous
unjustified attack on a person, which caused serious physical injury
or death; or
[3]
The dog, without justification, caused serious physical injury or
death to a companion animal, farm animal or domestic animal and has,
in the past two years, caused unjustified physical injury or death
to a companion animal, farm animal or domestic animal as evidenced
by a dangerous dog finding pursuant to the provisions of this subsection.
(b)
An
order of humane euthanasia shall not be carried out until expiration
of the thirty-day period provided for in § 123, Subdivision
5, of the Agriculture and Markets Law for filing a notice of appeal,
unless the owner of the dog has indicated to the Justice, in writing,
his or her intention to waive his or her right to appeal. Upon filing
of a notice of appeal, the order shall be automatically stayed pending
the outcome of the appeal.
(4)
Justification.
(a)
A
dog shall not be declared dangerous if the court determines the conduct
of the dog:
[1]
Was justified because the threat, injury or damage was sustained
by a person who at the time was committing a crime or offense upon
the owner or custodian of the dog or upon the property of the owner
or custodian of the dog;
[2]
Was justified because the injured, threatened or killed person was
tormenting, abusing, assaulting or physically threatening the dog
or its offspring, or has in the past tormented, abused, assaulted
or physically threatened the dog or its offspring;
[3]
Was justified because the dog was responding to pain or injury, or
was protecting itself, its owner, custodian, or a member of its household,
its kennels or its offspring, or was justified because the injured,
threatened or killed companion animal, farm animal or domestic animal
was attacking or threatening to attack the dog or its offspring.
(b)
Testimony
of a certified applied behaviorist, a board-certified veterinary behaviorist,
or another recognized expert shall be relevant to the court's determination
as to whether the dog's behavior was justified pursuant to the provisions
of this subsection.
(5)
Nothing contained herein shall restrict the rights and powers derived
from the provisions of Title IV of Article 21 of the Public Health
Law relating to rabies and any rule and regulation adopted pursuant
thereto.
D.
Additional prohibitions.
(1)
Interference with enforcement officer. It shall be unlawful for any
person or persons to hinder, molest or interfere with any officer
or agent of the Village in the performance of any of the provisions
of this article.
(2)
Violation of article. It shall be unlawful for any person to violate
any provision of this article, whether or not he or she has any knowledge
of or intends any violation of this article.
A.
The duly appointed Dog Control Officer or any peace officer shall
seize and impound any dog found at large in violation of this article.
The Dog Control Officer or peace officer shall deliver such dog to
a pound or shelter or to the Society for the Prevention of Cruelty
to Animals and notify the Village Clerk of the identity of the owner
of the dog if the same can be established. If the dog's owner
can be properly identified, then the dog shall be held and maintained
for a period of 10 days for redemption or, if it cannot be properly
identified, for a period of five days. Thereafter, it may be held
and offered for adoption for an indefinite period or humanely destroyed
at the discretion of the Dog Control Officer.
B.
The fact that a dog is without a current dog license tag attached
to the dog's collar or harness, as provided in Article 7, § 109,
of the Agriculture and Markets Law, shall be presumptive evidence
that the dog is unlicensed.
C.
Any person claiming a dog from the pound or shelter of the Society
for the Prevention of Cruelty to Animals must produce a license for
such dog and pay the impoundment fees forth in § 117, Subdivision
4, of the Agriculture and Markets Law. If the dog is not licensed,
a license must be provided.[1]
A.
The Board of Trustees of the Village of Wesley Hills shall appoint
one or more Dog Control Officers for the purpose of assisting, within
the Village, with the control of dogs and the enforcement of this
article and the provisions promulgated pursuant thereto.
B.
The appointed Dog Control Officer shall serve at the will of the
Board of Trustees and shall be paid such compensation as duly adopted
by the Board of Trustees for such services, plus expenses, not exceeding,
however, the amounts set forth in the budget therefor.[1]
C.
The Village of Wesley Hills may enter into a contract for Dog Control
Officer services pursuant to § 115 of the Agriculture and
Markets Law as an alternative to, or in addition to, the appointment
of a Dog Control Officer.
D.
Every Dog Control Officer shall have all the powers of a peace officer
in enforcing the provisions of this article and the applicable provisions
of Article 7 of the Agricultural and Markets Law.
Any person aggrieved by any dog may on his or her own motion
apply to any court having jurisdiction for all the relief the law
provides.
[Amended 10-23-2008 by L.L. No. 2-2008]
Any person committing an offense against or violating any section
or provision of this article shall, upon conviction, be punished by
a fine not exceeding $100 for the first offense. Each successive conviction
shall be punished by a fine not exceeding twice the maximum fine for
the prior conviction.
