[HISTORY: Adopted by the Board of Trustees of the Village of Boonville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animal noise — See Ch. 246.
Animals in parks — See Ch. 266.
[Adopted 12-29-1971 (Ch. 6 of the 1971 Code)]
A. 
Any person owning or having in charge or under care any animals shall treat said animals in a humane manner and supply the proper amount of care and cleanliness to maintain said animals in healthy condition.
B. 
No person shall own or have in his/her possession any nondomesticated animal, including, but not limited to, horses, cattle, sheep, hogs, and goats. If any person currently owns, at the time of this enactment, or has in his/her possession any nondomesticated animal and it dies, the person shall have 72 hours to replace it or lose the grandfathered right. No person shall provide food, water, or shelter to nuisance-type animals, including, but not limited to, skunks, feral cats, and raccoons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
No person owning or having in charge or under care any animals shall be permitted to keep animals which, by the causing of frequent or long-continued noise or offensive odors, shall disturb the comfort and repose of any person in the vicinity.[1]
[1]
Editor's Note: See also § 246-2B of Ch. 246, Noise.
D. 
Limitation on number of animals. It shall be unlawful to keep or harbor more than three animals, four months or older, on any premises, regardless of the number of owners, except by a special permit issued by the Village Board of Trustees with the favorable recommendation of the Zoning Board of Appeals. No such permit shall be issued if the issuance thereof would be inconsistent with the applicable provisions of the Code of the Village of Boonville.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.[1]
[1]
Editor's Note: See also § 246-2B of Chapter 246, Noise.
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.
A. 
Any person who observes a dog causing damage or destruction to property other than property of its owner or harborer, or committing a nuisance upon the premises of a person other than its owner or harborer, or observes a violation of this article may file a signed information under oath with a Town Justice of the Town of Boonville regarding the objectionable conduct of said dog. Said information shall contain the date of the alleged violation, a description of the damage caused or other violation, a description of the dog and the name and address, if known, of the owner or harborer of said dog.
[Amended 11-30-2017 by L.L. No. 1-2017]
B. 
Upon receipt by a Town Justice of any signed information against the conduct of any particular dog, the court shall summon the alleged owner or person harboring such dog to appear in person before the court.
[Amended 11-30-2017 by L.L. No. 1-2017]
C. 
The designated animal or dog control officer may also issue appearance tickets in connection with a signed information or complaint.
D. 
If the summons or appearance ticket is disregarded, the court may then issue a warrant of arrest of such person owning or harboring such dog.
[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)]