[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson 11-15-1994 by L.L. No. 5-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 146.
The Village of Castleton-on-Hudson finds that the uncontrolled
behavior of licensed and unlicensed animals has caused physical harm
to persons, damage to property and nuisances within the Village. The
purpose of this chapter is to protect the health, safety and well-being
of persons and property.
This chapter is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
The title of this chapter shall be the "Animal Control Law of
the Village of Castleton-on-Hudson."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes male and female, licensed and unlicensed, members
of any species of pet or livestock kept within the Village of Castleton-on-Hudson.
Any person who harbors or keeps an animal. In the event that
any animal found in violation of this chapter shall be 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). Any person owning or harboring an animal
for a period of one week prior to the filing of any complaint charging
a violation of this chapter shall be held and deemed to be the owner
of such animal for the purpose of this chapter.
To be on a public place or on land other than that of the
owner while not in the control of the owner or the owner's agent
and without the knowledge, consent or approval of the owner of such
lands.
[Amended 10-27-1997 by L.L. No. 6-1997]
A.
No person shall permit to run at large any dog within the geographical
boundaries of the Village of Castleton-on-Hudson. All dogs must be
leashed and in the proper control of their owners at all times.
B.
No person shall keep or harbor any animal that screeches, howls or
barks continuously for an unreasonable length of time.
C.
No owner of any animal shall permit or allow such animal to chase
or otherwise harass any person in such a manner as to reasonably cause
intimidation or to put such person in reasonable apprehension of bodily
harm or injury to any person.
D.
No owner of any animal shall permit or allow such animal to frequently
chase, run alongside of or bark at motor vehicles or bicycles.
E.
No person shall permit to be in public any vicious animal or an animal
of vicious propensities.
F.
No person shall permit any animal to cause any damage to any property
or destroy or deface such property within the Village. Among other
things, it shall be considered property damage for an animal to dig
holes in improved real property, including but not limited to lawns,
gardens, shrubs or ornamental flowers; or to destroy by tearing, chewing
or scratching any personal property.
G.
No person shall drop off any animal within the geographical limits
of the Village of Castleton-on-Hudson and leave the same unattended.
H.
Establishment of the fact or facts that the owner of an animal has
allowed or permitted such animal to commit any of the acts prohibited
by this chapter shall be presumptive evidence against the owner or
harborer of such animal that he has failed to properly confine or
control his animal.
A.
Any animal found in violation of the provisions of § 89-5 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every animal shall be properly cared for, sheltered, fed and watered
for the redemption periods set forth in § 118 of the Agriculture
and Markets Law.
C.
Seized animals may be redeemed 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 § 118
of said Article.
D.
If the owner of any unredeemed animal is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section in addition to other penalties imposed by this section whether or not such owner chooses to redeem his or her animal.
E.
Any animal unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 of the Agriculture and Markets
Law.
Any person upon whose property a violation of this chapter occurs or who is aggrieved by any prohibited activity by any animal under § 89-5, or any Animal Control Officer, peace officer or member of the Rensselaer County Sheriff's or New York Police forces in whose presence a violation of this chapter occurs, may file a complaint under oath with a Justice of the Town of Schodack specifying the nature of the violation, the date thereof, a description of the animal and the name and residence, if known, of the owner of such animal. Said Justice shall order a hearing to be held after giving due notice to the complainant and to the owner of the animal. Such complaint may serve as the basis for enforcing the provisions of this chapter.
[Amended 10-27-1997 by L.L. No. 6-1997]
Unless otherwise provided by Article 7 of the Agriculture and
Markets Law, a violation of any provisions of this chapter shall be
punishable by a fine of up to $250, imprisonment for up to 15 days,
or both such fine and imprisonment.
