[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 122.
Peace and good order — See Ch. 135.
[Adopted 5-6-1964 by L.L. No. 3-1964]
For the application of this article, the following definitions will prevail:
AT LARGE
Off the premises of the owner, not under the control of the owner or a member of his family then present.
CONFINED
Securely restrained or kept on the owner's premises or within a building, kennel or other suitable enclosure, or securely fastened by some effective tether.
DANGEROUS
Any animal which displays any fierce, vicious or dangerous propensities to anyone lawfully and peacefully conducting himself, or to any domestic animal, either on or off the premises of its owner.[1]
KENNEL
An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business.
[Added 6-11-2014 by L.L. No. 2-2014]
ON LEASH
Securely fastened and restrained on a chain or other effective tether not exceeding six feet in length.
OWNER
Any person owning, harboring or keeping a dog, reptile, bird, fowl, or other animal.
PUBLIC NUISANCE
Any animal which:
A. 
Is habitually at large between sunset and 1/2 hour after sunrise.
B. 
Damages public property or which is habitually at large in any park or any municipality-owned property posted against animals.
C. 
Seriously and habitually disturbs the peace and quiet of the neighborhood by barking or howling, or making or producing other noises.
D. 
Habitually chases any person, bicycle, automobile or other vehicle within the Village of Weedsport.
E. 
Is dangerous, as defined above.
F. 
Is a public nuisance.
[1]
Editor's Note: The original definition of “dogs,” which was included in this section, was deleted 8-13-2003 by L.L. No. 1-2003.
[Amended 8-13-2003 by L.L. No. 1-2003; 6-11-2014 by L.L. No. 2-2014]
A. 
The owner of any animal shall not allow such animal to become a public nuisance and is responsible as herein provided.
B. 
No kennel shall be permitted within the Village except within a commercial or industrial district as defined in the Village of Weedsport Zoning Law.[1]
[1]
Editor's Note: See Ch. 215, Zoning.
C. 
No dog kennel shall be constructed, kept or maintained:
(1) 
In the front or side yard of any dwelling.
(2) 
On the premises of any two-family dwelling or multiple dwelling or apartment house except with the permission of an owner of the premises who uses such premises as his/her actual residence and domicile.
D. 
No resident of a single-family dwelling shall keep more than three dogs in or on such premises.
E. 
No resident of any two-family dwelling, multiple dwelling, townhouse or apartment house shall keep more than two dogs in or on such premises.
F. 
All premises occupied by animals shall be kept in a clean, sanitary condition and in a manner that maintains and promotes their health, safety and general well-being. Adequate food, water, shelter and space must be provided for each and every animal, taking into account the age, size and number of such animals on the premises. Nothing contained herein shall be construed to limit, abrogate or otherwise affect the powers of the Village or any other governmental authority or authorized agency from enforcing the provisions of Article 26 of the New York Agriculture and Markets Law.
[Added 3-11-2015 by L.L. No. 2-2015]
[Amended 6-11-2014 by L.L. No. 2-2014]
A. 
No owner of any animal shall allow it to run at large in any of the streets or public places within the Village, or upon the premises of any other person other than the owner or keeper, unless the owner or occupant of such premises grants permission, and no animal shall be permitted in any public place or street within the Village unless it is effectively restrained by a leash or tether and unless it is attended by a person of adequate age and discretion to properly control its action.
B. 
It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any dangerous, wild, poisonous or venomous or vicious animal of any kind in the Village, including but not limited to alligators, bears, boa constrictors, vicious animals of the cat and dog family, coyotes, crocodiles, falcons, ferrets (with the exception of domesticated ferrets), foxes, hawks, possums, pythons, raccoons, reptiles, snakes, wolves, tame or untame lions, tigers, bears, snakes and reptiles.
C. 
It shall be unlawful for any person to keep, permit to be kept, to exhibit, to temporarily hold or to breed any farm animals, including but not limited to horses, ponies, livestock, cattle, goats, sheep, pigs, mules, donkeys, chickens and other animals customarily kept on a farm, but not including common household pets.
D. 
No owner, or any other person having custody or control of an animal, shall permit such animal to cause damage or destruction to public or private property, or defecate or otherwise commit a nuisance on public or private property, other than on the property of the person owning or having custody or control of such animal. Any person owning or having custody or control of any animal which defecates, soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, play area, park or any place where people congregate or walk, or upon any private property, shall immediately remove all feces or other waste deposited by such animal in a sanitary manner. This provision shall not apply for a service animal for people with disabilities in performance of its trained duties.
[Added 3-11-2015 by L.L. No. 2-2015]
[Amended 8-13-2003 by L.L. No. 1-2003]
A Village Justice who, upon written complaint, after hearing upon due notice to each owner, custodian or person in charge of any animal, bird or fowl, shall find that such animal, bird or fowl is a public nuisance shall direct that such animal, bird or fowl shall forthwith be impounded unless the owner, custodian or person in charge shall give satisfactory assurance to said Justice that such nuisance shall forthwith be abated. If such assurance is granted and later violated, the animal, bird, or fowl shall forthwith be impounded and disposed of according to the further order of the Village Justice.
A. 
No person shall ride any horses or other animal on any street, or in any public place at a pace other than a walk. The provisions of this article do not apply, however, to any show, parade, exhibition or other display as part of a performance or function duly authorized by the Village Board of Trustees or itsr appointed agents, in the Municipal Stadium or other public place, street, or park.
B. 
No person shall ride or lead any horse or other animal along any sidewalk or footpath, or upon private property without prior consent of the owner or occupant thereof.
[Amended 6-11-2014 by L.L. No. 2-2014]
A. 
A violation of this article shall be deemed an offense against the within article and shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. Each separate occurrence may constitute a separate additional violation. The penalties herein mentioned are in addition to the penalties, restrictions, and regulations contained in Article 7 of the Agriculture and Markets Law, as now exists, or may later be amended.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.