The Board of Trustees of the Village of Fonda finds the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs has caused physical harm to persons, damage to property and created
nuisances within the Village. The purpose of this article is to protect
the health, safety and well-being of persons and property by imposing
restrictions on the keeping and running at large of dogs within the
Village of Fonda.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agricultural and Markets Law of the State of New
York.
The title of this article shall be "The Village of Fonda Dog
Control and Confinement Law."
As used in this article, the following words shall have the
following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as amended thereafter.
CONFINED
That such animal is securely confined or restrained and kept
on the owner's premises, either within a building, kennel or
other suitable enclosure, or securely fastened on a chain, wire or
other effective tether of such length and so arranged that the animal
cannot reach or endanger any person or any adjacent premises or on
any public street, way or place, or if the animal is being transported
by the owner, or so restrained in a vehicle that it cannot be expected
to escape therefrom.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Village from time to time to
enforce the provisions of the Agriculture and Markets Law.
OWNER
The party purchasing the license unless dog is or has been
lost, and such loss reported to the Dog Control Officer and reasonable
search has been made. If an animal is not licensed, the term of "owner"
shall designate and cover any person or persons, firm, association
or corporation, who, or which at any time owns or has custody or control
of, harbors, or is otherwise responsible for any animal which is kept,
brought or comes within the Village. Any person owning or harboring
a dog for a period of one week prior to the filing of any complaint
charging a violation of this article shall be held and deemed to be
the owner of such dog found to be in violation of this article; and
if the dog shall be owned by a minor, the head of the household in
which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of the said dog
and violation of this article.
RECREATIONAL AREAS
Any real property owned by the Village of Fonda which is
used for recreational purposes by the public, including, but not limited
to, parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
SCHOOL PREMISES
Any real property situate within the Village of Fonda which
is used for educational purposes or purposes incidental thereto.
VILLAGE OF FONDA
Shall designate within the corporate limits of the Village
of Fonda.
There shall be a limit of three dogs per SBL property parcel.
This article shall be enforced by any Dog Control Officer or
peace officer when acting pursuant to his special duties.
Any Dog Control Officer, peace officer when acting pursuant
to his special duties, or police officer on observing a violation
of this article in his presence may issue and serve an appearance
ticket for such violation. He is further empowered to serve a complaint
and serve and execute any other order or process necessary in the
furtherance of this article.
Upon conviction, a violation of this article shall be punishable
by a fine not exceeding $250 or by imprisonment for not more than
15 days, or both.