[Adopted 11-6-1995 by L.L. No. 6-1995]
As used in this article, the following words
and terms shall have the following meanings:
As also defined in Article 7 of the NYS Agriculture and Markets
Law, means any dog which without justification:
[Amended 2-16-2016 by L.L. No. 3-2016]
Attacks a person, companion, and causes physical injury, or
death, or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals,
or domestic animals, or
Without justification attacks a service dog, guide dog, or hearing
dog and causes physical injury or death.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
[Added 2-16-2016 by L.L.
No. 3-2016]
Any person, other than the owner of a dangerous/vicious dog,
who harbors or has in his or her possession a dangerous/vicious dog
or manages, controls or cares for a dangerous/vicious dog.
Person entitled to claim lawful custody and possession of
a dog who is responsible for purchasing the license for such dog unless
the dog is or has been lost, and such loss was promptly reported to
the dog control officer and a reasonable search has been made. If
a dog is not licensed, the term 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 dog which is kept, brought or comes within the
Village. Any person owning or harboring a dog for a period of one
week prior to filing any complaint charging a violation of this article,
shall be held in and deemed to be the owner of any dog found to be
in violation of this chapter shall be under 18 years of age, the head
of the household in which said minor shall be deemed to have custody
and control of said dog and shall be responsible for any acts of the
said dog in violation of this article.
[Amended 2-16-2016 by L.L. No. 3-2016]
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom, or, if there is
no bottom, with sides which extend at least one foot underground,
and which shall be locked and designed to prevent the escape of an
animal or the entry of young children.
The Village of Carthage.
[Added 2-16-2016 by L.L.
No. 3-2016]
[Amended 2-16-2016 by L.L. No. 3-2016]
It shall be unlawful for any owner of any dog in the Village
to permit or allow such dog to:
A.
Be at large in the Village of Carthage or elsewhere than on the premise
of the owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of such dog.
C.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner.
D.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
[Amended 2-16-2016 by L.L. No. 3-2016]
A.
All dogs in the Village will be licensed by the Town.
B.
Any dog harbored within the Village which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a non-resident of New York State and licensed by a jurisdiction
outside the State of New York, shall for a period of 30 days be exempt
from the licensing and identification provisions of this local law.
C.
Fees for licensing of dogs. Will be set by the Town and will be payable
to the Town Clerk.
D.
Enumeration fee. Enumeration fees may be charged by the Town and
will be payable to the Town Clerk.
E.
Service dogs. The Town will require a license for any guide dog,
service dog, hearing dog, detection dog, wolves, search dog, working
dog or therapy dog, but will not require a fee be paid.
[Amended 2-16-2016 by L.L. No. 3-2016]
A.
B.
The Dog Control Officer or Police Officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation.
C.
Any person who observes a dog in violation of this article may file
a complaint with the Dog Control Officer, Village Police, or the Village
Justice of the Village specifying the nature of the violation, the
date thereof, a description of the dog and the name and a residence,
if known, of the owner of such dog. Such complaint may serve as a
basis for enforcing the provisions of this article.
[Amended 2-16-2016 by L.L. No. 3-2016]
A.
For a first violation a fine of no less than $25 nor more than $100.
B.
For a second offense within a one-year period, a fine of no less
than $50 nor more than $150.
C.
For a third or subsequent offense within a one-year period, a fine
of no less than $75 nor more than $200.
D.
Any costs incurred by the Village pursuant to any section of this
article may be recovered from the owner. Dogs seized shall be returned
only after payment of all boarding and other fees as may be established
from time to time. In the event that a court rules that an animal
has to be destroyed or the owner does not want to accept the return
of a captured dog and the animal must be destroyed, or where the owner
fails to adhere to the provisions of this article and the steps the
Village must take to destroy the animal, the owner shall be responsible
to reimburse the Village all costs and expenses incurred in the destruction
of the animal.
[1]
Editor’s Note: Former § 69-8 through § 69-16,
as amended, were repealed 2-16-2016 by L.L. No. 3-2016.
