[Adopted 6-27-1972 by L.L. No. 1-1972]
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Canajoharie,
including the protection and preservation of the property of the Village
and its inhabitants, and the peace and good order by adopting and
enforcing certain regulations and restrictions on the privileges of
the owners of dogs and the rights and privileges of the residents
of the Village of Canajoharie and by imposing restrictions upon the
keeping and running at large of dogs within the Village of Canajoharie.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
A dog off the premises of the owner.
DOG or DOGS
Both male and female dogs, except where the context requires
otherwise.
LEASHED OR RESTRAINED BY A LEASH
The dog is equipped with a collar of sufficient strength
to restrain the dog, to which collar is attached a leash of sufficient
strength not more than eight feet long, which leash shall be held
by a person having the ability to control and restrain the dog by
means of the collar and leash. A harness worn by a guide dog for the
blind shall be considered a suitable leash hereunder.
OWNER
Includes any person who owns, keeps or harbors or has the
care, custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of the minor's parents or other
head of the household where the minor resides.
[Amended 7-27-1992 by L.L. No. 3-1992; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The Board of Trustees of the Village of Canajoharie shall appoint such Dog Control Officer or officers as are needed. Any Dog Control Officer of the Village, any peace officer and any police officer of the Village of Canajoharie shall have authority to enforce the provisions of Article
I of this chapter, as well as the provisions of the Agriculture and Markets Law, in the Village of Canajoharie and to issue appearance tickets in the Village Court for any violation thereof.
The Dog Control Officer or any peace officer shall seize any
dog which is found at large within the Village of Canajoharie in violation
of this article, as well as any dog or dogs otherwise required to
be seized under and by virtue of the Agriculture and Markets Law of
the State of New York.
[Amended 5-2-1978 by L.L.
No. 2-1978]
A. Any Justice of the Village of Canajoharie or of the Town of Canajoharie
shall have jurisdiction to hear all signed complaints filed as hereinafter
provided, all actions and proceedings hereunder and all prosecutions
for the violation of this article. Upon receipt by such Justice of
any complaint against the conduct of any particular dog, such Justice
shall summon the alleged owner or other person harboring said dog
to appear in person before him; if the summons is disregarded, such
Justice may permit the filing of an information and issue a warrant
for the arrest of such person.
B. Any person who observes a dog causing damage or destruction to property
of a person other than its owner or violating any section of this
article may file a signed complaint, under oath, with such Justice,
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.
[Amended 10-5-1976 by L.L. No. 1-1976; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A violation of this article shall be deemed an offense against
this article and shall be punishable by a fine not exceeding $250
or by imprisonment for not exceeding 15 days, or both such fine and
imprisonment. In addition to such penalties, any owner may, upon conviction,
be ordered to make restitution for such damage or injury as may have
resulted from such violation. Each separate offense shall constitute
a separate additional violation. The provisions hereof are in addition
to the regulations, restrictions, requirements and penalties contained
in Article 7 of the Agriculture and Markets Law.
This article shall be effective only in the geographical limits
of the Village of Canajoharie and the expenses of the establishment,
and maintenance of pounds and the compensation and expenses of the
Dog Control Officer shall be raised by a tax on taxable real property
in the Village of Canajoharie.
[Adopted 6-3-1980 by L.L.
No. 3-1980]
This article shall be known and referred to as the "Seized Dog
Retention Law of the Village of Canajoharie."
Any contract now in existence or hereafter entered into between
the Village of Canajoharie and Animal Shelter Association, Inc., or
any other person, firm or agency for the retention and care of dogs
seized in such Village shall provide that any such seized dog will
be retained and cared for, pursuant to such contract, for a period
of time not less than that set forth in Article 7 of the Agriculture
and Markets Law and not more than 90 days.