[HISTORY: Adopted by the Board of Trustees of the Village
of Manchester 6-4-1973 by L.L.
No. 1-1973 (Ch. 27 of the 1980 Code). Amendments
noted where applicable.]
The purpose of this chapter shall be to preserve the public
peace and good order in the Village of Manchester and to contribute
to the public welfare, preservation and protection of the person and
the property of the inhabitants by declaring and enforcing certain
regulations and restrictions on the activities of dogs within the
Village of Manchester.
As used in this chapter, the following words shall have the
following respective meanings:
The person or organization authorized by the Village Board
from time to time, by resolution, to enforce the provisions of this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Other than on the premises of the owner or on the premises
of another person without the knowledge, consent and approval of said
other person.
Both male and female dogs, both licensed and unlicensed.
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week.
It shall be unlawful for any owner of or any person harboring
any dog in the Village of Manchester to permit or allow such dog to:
A.
Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal. For the purpose of this chapter, a dog
or dogs hunting in company with a hunter or hunters shall be considered
as accompanied by its owner.
B.
Engage in habitual loud howling or barking or to conduct itself in
such a manner as to habitually annoy any person other than the owner
or person harboring such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or a person harboring
such dog.
D.
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles or cycles.
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to the premises of such person during such period.
This chapter shall be enforced by the Animal Control Officer
or by the Village Police Department or any other law enforcement officer.
Any unlicensed or untagged dog found to be running at large
in violation of § 117 of the Agriculture and Markets Law
shall be subject to seizure, and any dog found to be running at large
during the period of a night quarantine in violation of § 121
of the Agriculture and Markets Law or any dog found to be running
at large during the period of a quarantine to prevent deer depreciation
in violation of § 120 of the Agriculture and Markets Law
shall be subject to the provisions of such laws and shall be impounded
and taken to such place as may be designated by the Village Board
as a place of detention.[1]
[Amended 11-18-1980 by L.L. No. 7-1980]
After any such seizure or impounding, the record owner of such
dog so seized and impounded shall be notified personally or by affixing
a written notice to the owner's last known residence. Such dog so
seized or impounded shall be held for a period of five days, during
which period such dog shall be fed and properly cared for at the normal
rate so charged by the pound or place where the dog is held in custody.
During said period the owner of such dog may recover the same during
the business hours of the pound or place of keeping the dog by producing
a license for such dog and by paying the sum specified in § 117
of the Agriculture and Markets Law. Said sum shall be paid to the
Village Clerk, who will issue a receipt.
[Amended 11-18-1980 by L.L. No. 7-1980]
A.
Any person who observes a dog in violation of this chapter or who
observes a dog causing damage or destruction to the property of a
person other than its owner may file a complaint, under oath, with
a Town Judge, specifying the objectionable conduct of the dog, the
date thereof, the damage caused, a description of the dog and the
name and residence, if known, of the owner or other person harboring
said dog.
B.
Upon receipt by the Town Judge of any complaint against the conduct
of any particular dog, such Judge may summon the alleged owner or
other person harboring said dog to appear in person before him. If
the summons is disregarded, he may permit the filing of an information
and issue a warrant for the arrest of such person.[1]
[Added 11-18-1980 by L.L.
No. 7-1980; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
Pursuant to § 122(2)(c) of the Agriculture and Markets
Law, the Village Police of the Village of Manchester are hereby authorized
to issue appearance tickets for offenses against this chapter.
[Amended 11-18-1980 by L.L. No. 7-1980]
Any person who shall violate any provision of this chapter shall
be subject to a penalty as provided in § 118 of the Agriculture
and Markets Law.
