As used in this article, the following terms shall have the
following meanings:
Domestic animals and exotic animals, as defined below.
A person, persons or entity appointed or contracted by the
Village for the purpose of enforcing this article.
Off the premises of the owner.
Pets, including, limited to, dogs and cats; and farm animals,
poultry, other animals and exotic animals as defined below.
Any mammal, bird or reptile that has now been domesticated
or must be caged or restrained or which is classified by the State
of New York Department of Environmental Conservation as "dangerous
wildlife."
Including, but not limited to, rabbits, sheep, horses, cattle,
goats, and swine.
Including, but not limited to, ducks, geese, turkeys, and
chickens;
Including, but not limited to, rabbits, foxes, minks, and
skunks.
Any person owning, keeping, harboring, feeding, boarding
or having the care, custody or control of any domestic animal or exotic
animal, and, when such owner shall be a child under the age of 18
years, the parent(s) or guardians of such child shall be deemed to
be the owner of such domestic animal or exotic animal for all purposes
of this article.
No lot may be used or occupied, and no structure, accessory building or structure may be erected, altered or used, for the raising or harboring of domestic animals, except dogs and cats (See Article III.), farm animals, poultry, other animals, and exotic animals.
It shall be unlawful for any person in the Village to keep or suffer to be kept any domestic animals, except dogs and cats (see Article III.), farm animals, poultry, other animals, and exotic animals, wherever located in the Village, unless such person shall first obtain a license from the State of New York or the Town of Manlius and a written permit so to do from the Village Board of Trustees. The fee for such permit shall be established by the Village Board of Trustees.
A.
No person shall keep, suffer or permit to be kept, either on or off
the premises of the owner or person having control of any domestic
animal, farm animal, poultry, other animal and exotic animal, which,
by its continual barking, howling or whining or other frequent or
long-continued noise or behavior, shall cause annoyance or discomfort
to a reasonable person of normal sensitiveness.
B.
No person who owns or has control of any domestic animal, farm animal,
poultry, other animal and exotic animal shall permit or suffer such
domestic animal, farm animal, poultry, other animal and exotic animal
to run at large or to damage or destroy property of any kind of another
person; to attack or bite or injure any person peaceably conducting
himself in any place where such person may lawfully be; or to attack,
chase, injure or kill another animal of another person when such other
animal is in any place where it may lawfully be. For the purposes
hereof, when any domestic animal, farm animal, poultry, other animal
and exotic animal is in violation of the provisions of this article,
the owner or person in control of such animal shall be deemed to have
permitted or suffered the animal to have committed such violation.
C.
No owner shall keep or suffer to be kept any domestic animal, farm
animal, poultry, other animal and exotic animal which commits a nuisance
in a public highway, public building, public park or on any private
property except with the consent of the owner of the property thereof.
D.
No owner shall keep or suffer to be kept any domestic animal, farm
animal, poultry, other animal and exotic animal which continually
runs at large with a pack of other similar domestic animals farm animals
poultry, other animals and exotic animals or chases other domestic
animals, farm animals, poultry, other animals, exotic animals or persons.
E.
No owner shall permit a female domestic animal, farm animal, poultry,
other animal and exotic animal which is in heat to run at large or
permit conditions to exist in which male domestic animals, farm animals,
poultry, other animals and exotic animals are attracted to the premises
of the owner of female domestic animals, farm animals, poultry, other
animals and exotic animals in heat, where such attraction causes a
nuisance to adjoining property owners.
F.
No owner shall permit the premises, structure or enclosure in which
such domestic animal, farm animal, poultry, other animal and exotic
animal is kept to be unclean or unsanitary.
G.
No owner shall permit a domestic animal, farm animal, poultry, other
animal and exotic animal to deposit excrement or urine on the property
of another without the prior approval of the owner of such property.
H.
No owner shall permit any domestic animal, farm animal, poultry,
other animal and exotic animal to deposit urine or excrement on the
property of the Village of Fayetteville, including but not limited
to any sidewalk, street, park, playground or parking lot, unless such
waste is immediately removed and properly disposed of.
A.
The Animal Control Officer or any police officer shall seize any
domestic animal, farm animal, poultry, other animal and exotic animal
found to be in violation of this article.
B.
Each domestic animal, farm animal, poultry, other animal and exotic
animal seized in accordance with the provisions of this article shall
be properly sheltered, fed and watered for the redemption period as
hereinafter provided.
C.
Each domestic animal, farm animal, poultry, other animal and exotic animal which is not wearing evidence that it has been licensed by the State of New York or Town of Manlius and permitted by the Village of Fayetteville shall be held for a period of three days from the date seized, during which period the domestic animal, farm animal, poultry, other animal and exotic animal may be redeemed by its owner, provided that such owner produces proof that the animal has been licensed in the State of New York or Town of Manlius and permitted by the Village of Fayetteville, if such domestic animal, farm animal, poultry, other animal and exotic animal is required to be so licensed in the Village, and further provided that the owner pays to the Clerk of the Town of Manlius or the Village of Fayetteville the redemption fee set forth in Subsection E below.
D.
Upon seizure of any animal wearing evidence that it has been licensed by the State of New York or Town of Manlius and permitted by the Village of Fayetteville, the owner of record of such domestic animal, farm animal, poultry, other animal and exotic animal, as such owner appears on the records of the Clerk of the Town of Manlius or Village of Fayetteville, shall be promptly notified, personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such domestic animal, farm animal, poultry, other animal and exotic animal shall be held for a period of three days after the date the notice is personally served, during which period the animal may be redeemed by the owner. If such notification is made by mail, such domestic animal, farm animal, poultry, other animal and exotic animal shall be held for a period of seven days from the date of mailing, during which period the domestic animal, farm animal, poultry, other animal and exotic animal may be redeemed by the owner. In either case, the owner may redeem such domestic animal, farm animal, poultry, other animal and exotic animal during such period upon payment to the Clerk of the Town of Manlius or Village of Fayetteville of the redemption fee prescribed by Subsection E below and by producing proof, if the domestic animal, farm animal, poultry, other animal and exotic animal is required to be licensed in the State of New York or Town of Manlius and permitted by the Village of Fayetteville, that the animal has a current license.
E.
The redemption fee shall be in such amount as from time to time shall
be established by resolution of the Town Board of the Town of Manlius
or the Village Board of the Village of Fayetteville.
F.
An owner shall forfeit title to any domestic animal, farm animal,
poultry, other animal and exotic animal unredeemed at the expiration
of the appropriate redemption period, and the animal shall then be
made available for adoption, or euthanized subject to the provisions
of Subdivisions 2-a, 2-b, 2-c and 2-d of § 374 of the New
York State Department of Agriculture and Markets Law; provided, however,
that no domestic animal, farm animal, poultry, other animal and exotic
animal in the custody of a pound or shelter shall be delivered for
adoption unless it has been licensed pursuant to the requirements,
if any, of this Code prior to its release from the custody of a pound
or shelter.
G.
The seizure of any domestic animal, farm animal, poultry, other animal
and exotic animal shall not relieve the owner from any penalty for
a violation provided for by this article or any other provision of
this Code.
H.
No liability in damages or otherwise shall be incurred by the Village
of Fayetteville or any Animal Control Officer, police officer or operator
of the location where the animal is impounded on account of the seizure,
euthanasia or adoption of any animal pursuant to the provisions of
this article.
The owner of any domestic animal, farm animal, poultry, other
animal and exotic animal which has attacked or injured another person
or animal contrary to the provisions of this article shall confine
such domestic animal, farm animal, poultry, other animal and exotic
animal for such length of time as may be directed by the Animal Control
Officer for the purpose of determining whether such domestic animal,
farm animal, poultry, other animal and exotic animal is affected by
rabies and, if so affected, such domestic animal, farm animal, poultry,
other animal and exotic animal shall be destroyed under the direction
of the Animal Control Officer.
The owner of any domestic animal, farm animal, poultry, other
animal and exotic animal which has attacked, injured or damaged any
person, domestic animal, farm animal, poultry, other animal and exotic
animal or property as prohibited herein shall be liable for such injury
and damage. Such owner shall not thereafter permit such animal to
be at any place other than on the premises of the owner unless such
domestic animal, farm animal, poultry, other animal and exotic animal
is on a leash of less than five feet in length and, if such domestic
animal, farm animal, poultry, other animal and exotic animal has bitten
a person or other animal, such animal shall also be securely fitted
with a properly fitting muzzle of a type which shall not permit such
domestic animal, farm animal, poultry, other animal and exotic animal
to bite another person or domestic animal, farm animal, poultry, other
animal and exotic animal.
