[Adopted 12-29-1971 (Ch.
6 of the 1971 Code)]
Failure to comply with any or all of §
109-1 will be deemed a violation of this article and the officer in charge of the Police Department is hereby given authority to impound such animals until the penalties imposed by this article are satisfied.
Any person violating any of the provisions of this article shall
be punished, upon conviction, by a fine not exceeding $250 for each
violation. In addition, each violation of this article shall constitute
disorderly conduct and each person violating the same shall be a disorderly
person. Each day that a violation or failure to comply with any provision
of this article or any regulation promulgated hereunder by the Board
of Trustees occurs shall constitute a separate and distinct violation.
[Adopted 6-22-2009 by L.L. No. 2-2009]
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Boonville, including
the protection and preservation of the property of the Village and
its inhabitants, by specifying, establishing and imposing certain
restrictions, regulations and responsibilities relating to the control
of dogs within the Village of Boonville, as hereinafter defined.
As used in this article, the following words shall have the
following respective meanings:
AT LARGE
A.
Any dog that is unleashed and 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.
B.
No dog shall be deemed to be "at large" if it is:
(1)
A guide dog actually leading a blind person;
(2)
A police work dog in use for police work; or
(3)
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.
DOG
Any member of the species Canis familiaris, regardless of
age, male and female, licensed and unlicensed.
HARBOR
To provide food or shelter to any dog.
OWNER
Includes any person who owns, keeps or 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.
It shall be unlawful for any owner of or any person harboring
any dog in the Village of Boonville to permit or allow such dog to:
A. Run at large.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Engage in habitual loud howling or barking or to conduct itself in
such manner so as to habitually or unreasonably annoy any person other
than the owner or person harboring such dog. "Habitual" means a dog
barking, whining or howling for repeated intervals of at least 10
minutes with less than two minutes of interruption, which can be heard
by any person, including a law enforcement officer or dog control
officer, from a location outside of the owner's or caretaker's
premises.
C. Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog, including defecating or urinating.
D. Chase or otherwise harass any person in such a manner as to reasonably
cause intimidation or to put any person in reasonable apprehension
of bodily harm or injury.
E. Habitually chase or bark at motor vehicles.
F. Be outside a building or fenced enclosure when in heat.
G. Be kept, on or off the owner's premises, in areas occupied or
used by said dog which are not maintained in a clean, sanitary and
odor-free condition.
[Amended 11-30-2017 by L.L. No. 1-2017; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A peace officer, police officer, animal control officer or other
proper authority designated by the Village Board, 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 any dangerous dog as described in § 123
of the Agriculture and Markets Law and see that the order or orders
of the Town Justice in such case are carried out.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The seizure and redemption of dogs in violation of this article
shall be as provided in § 117 of the Agriculture and Markets
Law of the State of New York.
A. The owner of a seized dog shall reimburse the Town of Boonville for
the cost of sheltering said dog at the rate contained in the annual
contract between the Town of Boonville and the animal shelter.
B. The owner of any seized dog shall be required to pay the fees as set forth in Subsection
A of this section whether or not such owner chooses to redeem his or her dog.
C. The owner of any dog not redeemed shall forfeit all title to the
dog, and the dog shall be sold or destroyed pursuant to the provisions
of § 117 of the Agriculture and Markets Law.
A violation of this article shall be deemed an offense against
such article, and any person convicted hereunder shall be fined an
amount not less than $50 and not more than $100; provided, however,
that if the person committing such offense shall have committed an
offense in violation of this article within the preceding five years,
the fine shall be not less than $100 and not more than $150; and if
such person shall have committed two or more offenses within the preceding
five years, the fine shall not be less than $150 and not more than
$250; or, in the alternative, said person shall be incarcerated for
a period not to exceed 15 days for each and every violation.
A. The Town shall impose a fee of $10 on all dogs taken into custody
by the dog control officer that are picked up within 24 hours. A fee
of $25 will be imposed on all dogs not picked up within 24 hours after
notification.
B. There shall be an additional licensing fee of $5 if a dog is identified
as unlicensed during an enumeration conducted pursuant to the Agriculture
and Markets Law § 110, Subdivision 4.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]