Village of Livonia, NY Chapter 69 Animals

[HISTORY: Adopted by the Board of Trustees of the Village of Livonia as indicated in article histories. Amendments noted where applicable.]

Article I Control of Dogs

[Adopted 10-14-1998 by L.L. No. 7-1998[1]]

[1] Editor's Note: This local law superseded former Ch. 69, Animals, Art. I, Control of Dogs, adopted 10-10-1979 by L.L. No. 1-1979, as amended. It also superseded L.L. No. 5-1998, adopted 3-11-1998.

§ 69-1 Purpose.

The purpose and intent of this article shall be to preserve the public peace and good order in the Village of Livonia and to include the protection and preservation of the property of the Village and its inhabitants by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the Village.

§ 69-2 Definitions.

A. This article will use all definitions that are part of the New York State Agriculture and Markets Law.

B. As used in this article, the following terms shall have the meanings indicated:

DOG CONTROL OFFICER(S)

The person or persons authorized by the Village Board to enforce the provisions of this article.

DOG or DOGS

Either male or female species Canis familiaris.

OWNER

Any person who is a licensed owner of a dog and/or a person who keeps, feeds or harbors a dog. The owner need not be a resident of the Village of Livonia, but in order for a violation to occur, the dog must be within the Village limits. If any dog found in violation of this article is owned by a minor, the head of household in which said minor resides shall be responsible for acts of the dog in violation of this article.

§ 69-3 Rules and regulations.

A. All dogs in the Village of Livonia are hereby required to be restrained by a leash while off of the owner's premises.

B. All dogs in the Village of Livonia are hereby required to be licensed.

C. If the dog is tethered on the owner's property, said tether shall be of sufficient strength to control the dog and no longer than the distance from the point of tethering to the owner's closest property line.

D. No dog shall engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person.

E. Nuisances prohibited. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, or on any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:

(1) The person who so curbs such dog shall immediately remove, in a sanitary method, all feces deposited by such dog.

(2) The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this article.

F. No dogs shall:

(1) Bite, chase, jump on or otherwise harass any person in such a manner as to intimidate or cause a person to fear bodily harm or injury.

(2) Habitually chase motor vehicles, bicycles or pedestrians.

(3) Kill or injure any other dog or domestic or farm animal.

(4) Cause damage or destruction to property or commit a nuisance upon the premises of any person, including the upsetting and strewing of garbage.

§ 69-4 Seizure, impoundment, redemption and adoption. [1]

A. Any dog found in violation of the provisions of § 69-3 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.

B. Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption period set forth in § 118 of the Agriculture and Markets Law.

C. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to Article 7 of the Agriculture and Markets Law and by paying the redemption fees set forth in § 118 of said article.

D. Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.

E. All impoundment fees shall be the property of the County of Livingston and shall be used only for the controlling of dogs and the enforcement of this article.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 69-5 Penalties for offenses. [1]

Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 69-6 Authority of Town Justice.

The Town Justice of the Village of Livonia shall have jurisdiction to hear all complaints under this article and of all action and proceedings hereunder and for all fines for the violation of this article.