[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-1976 by L.L. No. 4-1976 (Ch. 60 of the 1986 Code)]
The purpose of this article shall be to promote the health, safety, morals and general welfare of the residents of the Village of Whitesboro, including the protection and preservation of the property of the residents and inhabitants of the Village of Whitesboro and of their peace and good order, by adopting and enforcing certain regulations and restrictions on the privileges of the owners and harborers of dogs and by imposing restrictions upon the keeping and running at large of dogs within the Village of Whitesboro.
It shall be unlawful for any owner of or any person harboring any dog in the Village of Whitesboro to permit or allow such dog, whether or not tagged or licensed, to:
Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal. For the purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual loud howling or barking or conduct itself in such manner as to habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
A Dog Control Officer or other proper authority designated by the Town Board of the Town of Whitestown, Oneida County, New York, as provided by § 113 of the Agriculture and Markets Law and other applicable laws and provisions, may enforce the provisions of this article and may also investigate and report to a Town Justice or a Village Justice any dangerous dog as described in § 123 of the Agriculture and Markets Law and see that the order or orders of the Town Justice or Village Justice in such case are carried out.
[Amended 12-8-1986 by L.L. No. 1-1986]
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or in violation of § 88-3 or any subsection of § 88-2 may file a signed complaint, under oath, with the Dog Control Officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused or other violation, a description of the dog and the residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Dog Control Officer of any such complaint or in the event that any dog is found by the Dog Control Officer to be in violation of any provision of this article, the Dog Control Officer shall, if possible, seize and take into custody said dog, and in any event, as soon as circumstances will permit, issue and deliver to the owner of said dog an appearance ticket pursuant to § 122 of the Agriculture and Markets Law of the State of New York, detailing the violations and instructing the owner to appear before the Village Justice of the Village of Whitesboro or to answer such appearance ticket by registered or certified mail, return receipt requested, within five days of the date of such violation. If said appearance ticket is disregarded by such person, the Dog Control Officer or complainant may file an information with said Court, which Court shall then issue a warrant for the arrest of such person.
[Amended 12-8-1986 by L.L. No. 1-1986]
Any person who violates this article or knowingly permits the violation of this article or any of the provisions thereof shall be deemed to have committed a violation punishable by a fine of not less than $15 nor more than $250 or imprisonment for a period not to exceed 15 days, or both said fine and imprisonment, for each violation, together with the costs of such proceedings.