As used in this article, the following terms shall have the
meanings indicated:
Both male and female cats.
Both male and female dogs.
The Animal Control Officer as defined in Article II of this chapter.
All feces, excrement, droppings, manure, dung or solid waste
matter discharged by a dog.
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors or has custody care
or control of a dog and/or cats. Dogs and/or cats owned by minors
shall be deemed to be in custody of parents or other head of the household
where the minor resides. Any person harboring a dog and/or cat for
a period of one week shall be deemed to be the owner of the dog for
the purpose of enforcing this article.
Refers to an unleashed dog off of the premises of the owner;
provided, however, that a dog on the premises of someone other than
the owner with the consent of the owner of such premises shall not
be considered to be running at large. Further, a dog or dogs hunting
in company with a hunter or hunters shall not be deemed to be running
at large.
It shall be unlawful for any owner of a dog or cat in the Village
of Fayetteville to permit or allow such dog or cat to:
A.
Keep, suffer or permit to be kept, either on or off the premises
of the owner or person having control of any dog or cat 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.
Run at large.
C.
Engage in habitual loud howling, barking or whining or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or harborer of the dog.
D.
Cause damage or destruction to public or private property or otherwise
commit a nuisance upon the property of someone other than the owner
or harborer of the dog or cat.
E.
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or to put such a person in reasonable apprehension
of bodily harm or injury.
F.
Chase, leap on or otherwise harass bicycles or motor vehicles.
G.
Kill or injure any domestic animal, farm animal, poultry, other animal
and exotic animal.
H.
Be unlicensed when six months of age or older.
I.
Not have a current and valid New York State identification tag on
its collar while at large, leashed or on its owner property.
J.
(Reserved)
K.
Deposit any feces, excrement, droppings, manure, dung or solid waste
matter on any public property within the Village of Fayetteville or
private property other than that of the dog owner. Such soiling action
is declared to be article if such persons shall immediately clean
up all such fecal matter and droppings by causing same to be gathered
in a suitable container and disposed of in a safe and sanitary manner.
All premises occupied or used by dogs and cats shall be kept
in a clean and sanitary condition. Failure to provide adequate food,
water or space shall subject a dog or cat to seizure and confinement.
"Adequate" shall mean sufficient for age, size and number of dogs
and cats on the premises. Upon conviction of the owner or harborer,
the dog or cat becomes the property of the Village of Fayetteville,
to be released to an authorized humane society, veterinarian or kennel
for adoption or euthanasia.
All accumulations of dog and cat feces, excrement, droppings,
manure, dung or solid waste matter shall be stored in such places
and be removed with such frequency as determined by the New York State
Health Department, Onondaga County Health Department and/or the Codes
Enforcement Officer in such manner as to prevent offensive or noxious
odors.
[Amended 9-24-2012 by L.L. No. 5-2012]
No person shall hereafter conduct or maintain a dog or cat kennel
within the corporate limits of the Village for breeding dogs or cats
for commercial purposes. No person shall keep more than three dogs
or three cats, or combination thereof, in his/her residence or structure
or on his/her property at any time unless permission has been obtained
from the Village Board of Trustees.
All female dogs or cats shall be confined to the premises of
their owners while such are in season (heat) and may not be left outside
unattended. Any owner not adhering to this rule will be subject to
having the dog seized by the Animal Control Officer and removed to
a safe place of confinement.
A.
The Animal Control Officer shall seize any dog or cat found to be
in violation of this article.
B.
Upon taking custody of any dog or cat, the Animal Control Officer
shall make a record of the matter. The record shall include the date
of pickup, breed, general description, sex, identification numbers,
time of pickup, location of release, and name and address of the owner,
if any.
C.
Each dog or cat seized in accordance with the provisions of this
article shall be properly sheltered, fed and watered for the redemption
period as hereinafter provided.
D.
Each dog 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 dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed in the State of New York or Town of Manlius and permitted by the Village of Fayetteville, if such dog 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 F below.
E.
Upon seizure of any dog 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 dog, 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 dog shall be held for a period of three days after the date the notice is personally served, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog 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 dog is required to be licensed in the State of New York or Town of Manlius and permitted by the Village of Fayetteville, that the dog has a current license.
F.
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.
G.
An owner shall forfeit title to any dog or cat unredeemed at the
expiration of the appropriate redemption period, and the dog or cat
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 dog or cat 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.
H.
The seizure of any dog or cat shall not relieve the owner from any
penalty for a violation provided for by this article or any other
provision of this Code.
I.
No liability in damages or otherwise shall be incurred by the Village
of Fayetteville or Animal Control Officer or operator of the location
of where the dog or cat is impounded on account of the seizure, euthanasia
or adoption of any dog or cat pursuant to the provisions of this article.
