This article shall be known and may be cited as the "Dog Control Law of the Village of East Syracuse."
[Adopted 3-24-2003 by L.L. No. 1-2003 as § 741 of the 2003 Code; amended in its entirety 6-2-2008 by L.L. No. 2-2008]
The purpose of this article shall be to preserve the public peace and good order in the Village of East Syracuse and to contribute to the public welfare, safety and good order of its people by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of other citizens of the Village of East Syracuse.
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
The delivery to any individual 18 years of age or older, for the purpose of harboring a pet, of any unredeemed dog impounded pursuant to the provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
An unleashed dog off the premises of the owner or premises of another with the knowledge, consent and approval of the owner of such premises.
The Clerk of the Village of East Syracuse.
Any member of the species Canis familiaris.
Any individual appointed by the Village of East Syracuse to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village of East Syracuse to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
Any dog carrying an identification tag as provided in Article 7 of the Agriculture and Markets Law of the State of New York, § 111.
The dog is equipped with a collar or harness to which is attached a leash not exceeding eight feet in length, both collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors under 18 years of age shall be deemed to be in the custody and control of parents or other head of household where the minor resides. Any person harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of the dog for the purposes of this article.
A.
Leashing. No owner of any dog shall permit such dog to be at large in the Village of East Syracuse unless under leash of no more than 10 feet.
[Amended 9-9-2019 by L.L. No. 3-2019]
B.
Prohibited in certain places. No owner shall permit his dog, whether leashed or unleashed, to be in any restaurant, grocery or commercial establishment which sells food for human consumption, or in any cemetery or public building, except a seeing eye dog accompanying its owner.
C.
D.
Habitually barking dog. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long continued noises shall unreasonably disturb the comfort or repose of any person.
E.
Unsanitary premises. No owner of a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
F.
Dangerous dog. In addition to dogs which attack a person or attack, chase, or worry a domestic animal as provided for in § 121 of the Agriculture and Markets Law, dangerous dogs shall include:
(1)
Any dog which chases or worries any person so as to put that person in reasonable fear of immediate bodily harm, provided that such person is peaceably conducting himself or herself in a place where he or she may lawfully be.
(2)
Any dog that presents a risk of physical injury or death to human beings, or would constitute a danger to human life, physical well-being or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
(a)
The term "dangerous dog" includes any dog that according to the records of either the City Animal Services Center, the Humane Society, or any law enforcement agency:
[1]
Has, without justification, bitten, attacked, endangered or inflicted physical injury on a human being on public or private property or, when unprovoked, has chased or menaced a person upon the street, sidewalk or any public grounds, provided that such actions are attested to in a sworn statement by one or more persons dutifully investigated by any of the above-referenced authorities.
[2]
Has more than once and without justification severely injured or killed a domestic animal while off the owner's property.
[3]
Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(b)
A dog's actions shall be considered justified if such actions were inflicted upon a person who was committing, at the time, a crime upon the premises occupied by the dog's owner or custodian; or committing, at the time, willful trespass or other tort upon the premises occupied by the dog's owner or custodian; or provoking, tormenting or physically abusing the dog. A dog's actions shall be considered justified if such actions were inflicted upon an animal that initiated an attack upon it.
(3)
Any dog whose larynx has been removed or whose bark or growl has been altered or muffled to prevent persons from being alerted to the presence of said dog, under circumstances where the dog is providing protection or security, or so as to put a person in reasonable fear of his or her safety.
(4)
Any dog providing protection or security at a premises at which illegal activities are occurring.
A.
A Dog Control Officer or any other person appointed by law to control dog activities shall enforce the provisions of this article and may also investigate and report to a Village Justice any dangerous dog as described in § 121 of the Agriculture and Markets Law and shall enforce and carry out other duties as set forth in Article 7 of the Agriculture and Markets Law of the State of New York, except as the same may be modified by this article.
B.
The Dog Control Officer or any other person appointed by law to control dog activities shall also have the authority to issue an appearance ticket pursuant to the Criminal Procedure Law for any violation of this article or Article 7 of the Agriculture and Markets Law of the State of New York.
(1)
An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in Subsection B(2) and (3) of this section in lieu of personal appearance at Justice Court on the return date at the time specified in said appearance ticket.
(2)
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the form attached to the appearance ticket and forward such form and appearance ticket. The Village Justice to whom the ticket has been referred shall inform the violator as to the amount of the penalty for the violation charged. A check or money order must then be submitted.
(3)
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the form likewise prescribed for that purpose and forward such form and appearance ticket, together with security in the amount as provided herein, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date, time, and place of such return date and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law of the State of New York.
A.
Care of seized dog. Every dog seized shall be properly fed and cared for at the expense of the Village until disposition thereof is made as herein provided.
B.
Dogs not identified. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law and further provided that the owner pays the fees hereinafter set forth.
C.
Identified dogs. Promptly upon seizure of any identified dog, the owner of record of such dog shall be 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 seven days after day of notice, 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 nine 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 upon payment of the fees as hereinafter set forth and by producing proof that the dog has been licensed.
D.
Forfeiture. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions of Subdivision 2-a of § 374 of the Agriculture and Markets Law of the State of New York.
E.
Adoption. No dog shall be delivered for adoption unless it has been licensed pursuant to the provision of the Agriculture and Markets Law and this article prior to its release from custody from a pound or shelter. Fees in accordance with this article may be charged for accrued boarding expenses and distemper shots.
F.
Redemption fees. Redemption fees are set annually by Board of Trustee resolution.
A.
Any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offense against this article, and any person convicted of any such violation shall be liable to a fine of not more than $250 and/or imprisonment for not more than 10 days.
B.
In addition to the payment of any fine, the owner or person having custody of a seized dog shall pay a fee equal to the Village cost of transporting and boarding the animal.