[Adopted 5-10-1993 by L.L. No. 2-1993]
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:
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.
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.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person authorized by the Village from time to time to
enforce the provisions of the Agriculture and Markets Law.
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.[1]
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any real property situate within the Village of Fonda which
is used for educational purposes or purposes incidental thereto.
Shall designate within the corporate limits of the Village
of Fonda.
A.
It shall be unlawful for any owner of any dog in the Village of Fonda
to permit or allow such dog to:
(1)
Run at large unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person able
to control it by command. For the purpose of this article, a dog or
dogs hunting in company of a hunter or hunters shall be considered
as accompanied by its owner.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or response of any person other than the owner of such
dog.
(3)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(4)
Chase, jump upon or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than the property of the owner or harborer of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public or
private property of someone other than the owner of said dog.
(7)
If a female dog, be off the owner's premises when in heat.
(8)
Be at large on any school premises or recreational areas, or the
sidewalks adjacent thereto, unless said dog is on a leash.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this section shall be presumptive evidence
against the owner or harborer of such dog that he has failed to properly
confine, leash or control his dog.
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.
C.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to the provisions of Article 7 of the Agricultural and Markets
Law and by paying the impoundment fees set forth in § 117
of said article. In the event any such dog so impounded shall be a
seeing eye dog customarily used by a blind person in walking or traveling
about, or a dog used similarly by its master as an aid to its master's
ordinary and necessary pursuit by reason of some disability on the
part of the master, then such dog may be redeemed immediately from
said pound without the payment of such pound fee being required in
advance of such redemption. In such latter event, such pound fee shall
not be waived by the Village, but shall be collectible from the owner
of such dog by civil action if necessary.[3]
D.
If the owner of any redeemed dog is known, such owner shall be required to pay the impoundment fee set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
F.
No action shall be maintained against the Village of Fonda, any Dog
Control Officer or peace officer when acting pursuant to his special
duties, or any other agent or officer of the Village or person under
contract to said Village of Fonda to recover the possession or value
of any dog, or for the damages for injury or compensation for the
destruction of any dog seized or destroyed pursuant to the provisions
of this article or the Agricultural and Markets Law.
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.
A.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Town Justice specifying the nature of
the violation, the date thereof, a description of the dog and the
name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of any such complaint, he shall
summon the alleged owner to appear in person before him for a hearing,
at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Town Justice decides that further action is warranted,
he may order:
