[HISTORY: Adopted by the Board of Trustees of the Village of Canajoharie as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1972 by L.L. No. 1-1972[1]]
[1]
Editor's Note: Section 7-11 of this ordinance also repealed the existing Dog Control Ordinance adopted 7-7-1964.
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.
A. 
No person shall permit a dog owned by him to be at large within the Village of Canajoharie unless restrained by a leash; provided, however, that dogs may be unleashed while off the owner's premises when on the private premises of another with the knowledge, consent and approval of such person or when hunting in the company of and under the control of a hunter or hunters upon the property of another with the knowledge, consent and approval of the property owner.
B. 
No person may suffer, allow or permit to run at large within the Village of Canajoharie any vicious dog or dogs of dangerous disposition or any dog which by its chasing or barking at persons, automobiles, bicycles or moving vehicles or in running at large shall cause unreasonable disturbance in the neighborhood or imperil the safety or disturb the comfort and repose of any person.
C. 
No dog, whether leashed or unleashed, shall be in any restaurant, grocery or commercial establishment which sells food for human consumption or in any cemetery, except that a guide dog for the blind may enter any such premises if leading or accompanying a blind person therein.
D. 
No person shall keep or suffer to be kept a dog which has attacked any person peaceably conducting himself in any place where such a person may lawfully be or which has attacked, chased or worried or killed any domestic animal, as defined in § 108 of the Agriculture and Markets Law of the State of New York, or any cat or other dog while such animal is in any place where it may lawfully be.
[Amended 5-5-1992 by L.L. No. 1-1992]
E. 
No owner of a dog shall permit or suffer such dog to damage or destroy property of another person or firm or to deposit dog urine or feces on the property of any other person or firm or in any public place, including a public sidewalk, street, park or parking lot.
[Amended 8-6-1991 by L.L. No. 3-1991]
F. 
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 other persons.
G. 
No person who owns a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
H. 
No person shall permit a female dog owned by him to be off such owner's premises, whether such dog is leashed or unleashed, while such female dog is in heat.
[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.
A. 
Every dog seized shall be properly fed and cared for at the expense of said Village until disposition thereof is made as herein provided. The redemption of a seized dog shall be in conformance with and pursuant to the provisions of the Agriculture and Markets Law of New York as to both licensed and unlicensed dogs.
B. 
In the event that the dog seized bears a license tag, the Dog Control Officer or officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family with a notice, in writing, or by certified mail, return receipt requested, stating that the dog has been seized and that the dog will be destroyed unless redeemed within the period hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The owner of a dog seized shall redeem such dog within 12 days of service of notice hereunder by paying to the Village Clerk the sum as set forth in Agriculture and Markets Law § 117, Subdivision 4 as the cost of such seizure.
[Amended 10-5-1976 by L.L. No. 1-1976; 5-2-1978 by L.L. No. 2-1978; 10-16-1990 by L.L. No. 2-1990; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
If any dog so seized is not redeemed within the time hereinbefore set forth, the owner shall forfeit all title to the dog and the dog shall be sold, euthanized, or made available for adoption. In the case of sale, the purchaser must pay the purchase price, which shall not be less than the kennel fees and the cost of seizure, to the Village Clerk and obtain a license for such dog. In case the dog is destroyed, the Dog Control Officer or officer who destroys the dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Village Clerk, who shall keep a record thereof. The owner of a dog so destroyed shall pay the Village Clerk the cost of seizure and destruction of such dog, and such costs may be recovered by the Village Clerk in a civil action brought in the name of the Village before a Town Justice of the Town of Canajoharie or Village Justice of the Village of Canajoharie.
[Amended 10-16-1990 by L.L. No. 2-1990; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
The destruction of any dog seized by the Dog Control Officer or peace officer as herein provided shall be accomplished by approved humane methods. No dog seized hereunder shall be sold or surrendered to any person, firm, organization or institution for experimental use.
[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.[1]
[1]
Editor's Note: Original § 3 of L.L. No. 3-1980, which immediately followed this section and provided for a temporary contract with the Animal Shelter Association, was repealed 10-16-1990 by L.L. No. 2-1990.
Editor's Note: Former Article III, Pit Bull Dogs, adopted 3-15-1988 by L.L. No. 3-1988, consisting of §§ 53-12 through 53-16, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I)