[HISTORY: Adopted by the Board of Trustees of the Village
of Dansville as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 210.
[Adopted 8-15-2017 by L.L. No. 4-2017]
The purpose of this article is to preserve the public peace
and good order in the Village of Dansville and to contribute to the
welfare, safety and good order of its people by establishing certain
regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of other residents of the Village.
As used in this article, the following terms shall have the
meanings indicated:
To move about, over, across or upon any public or private
property, premises, street, alley, sidewalk or thoroughfare other
than that of the owner, when not under the control of the owner or
other responsible person.
That the dog will respond to the command, order or signal
or the owner or other responsible person and that the owner or other
responsible person shall at all times, by his/her command, order or
signal, prevent his dog from bothering, worrying, annoying, chasing
or barking at any person or animal.
Both male and female dogs except where the context requires
otherwise.
That the dog is equipped with a collar of sufficient strength
to restrain the dog to which is attached a leash of sufficient strength
not more than eight feet long, which 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
That person appointed to assist in the enforcement of this
article.
A.
No person shall permit a dog owned by him to be at large within the
Village of Dansville. Such dog must be restrained by a leash or other
form of appropriate restraint, except that dogs may be unleashed while
off the owner's premises when at a dog park or on the private
property of another with the knowledge, consent and approval of such
person.
B.
No person who owns or who is in control of a dog shall permit or
suffer such dog to damage or destroy property of any kind or to deposit
solid waste on public property or private property of other persons.
No dog shall be allowed to urinate on public sidewalks.
C.
Any dog which shall attack any person or domestic animal within the
meaning of Article 7 of the Agriculture and Markets Law of the State
of New York shall be dealt with in accordance with Article 7 of the
Agriculture and Markets Law.
D.
No person who owns or is in control of any dog shall permit any dog
to bark, howl, whine or make any other noise continuously for a period
of five minutes or more at a volume which unreasonably disturbs the
comfort or repose of other persons. For purposes of this subsection,
"continuously" shall mean constant without any period of silence that
exceeds 30 seconds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
No dog, whether leashed or unleashed, shall be in any restaurant,
grocery or commercial establishment which sells food for human consumption,
except that a guide dog for the blind may enter any such premises
if leading or accompanying a blind person, as may a hearing dog which
is accompanying a hearing-impaired person or a service dog which is
under the control of and accompanying a person with a disability.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
No person who owns a dog shall permit the premises, structures or
enclosures in which such dog is kept to be unclean or unsanitary.
G.
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.
A.
No leash,
chain, rope or other physically tethering/restraining device on a
property shall allow a dog to come within 15 feet of a public sidewalk
or public right-of-way unless the dog is being walked by its owner
or other designated and responsible person.
B.
Any leash,
chain, rope or other tethering device must be capable of restraining
the size dog on which it is being used. Failure of such restraint
shall be no defense for the violation of any portion of this article
or for any damage or bodily injury caused by the dog.
See Chapter 330, Zoning, of the Code of the Village of Dansville.
The Village Board may appoint a Dog Warden or Wardens as needed
pursuant to the appropriate statutes of the State of New York. It
shall be the duty of any Dog Warden or Wardens, as well as of all
police officers, within the Village of Dansville to enforce the provisions
of this article as well as of the Agriculture and Markets Law of the
State of New York, with respect to dogs in the Village of Dansville.
The Dog Warden or any police officer of the Village shall seize
any dog which is found at large within the Village of Dansville 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 while in the possession of the Village. Said animal
shall be turned over to Livingston County Animal Control within 24
hours. The redemption of a seized dog while in the possession of the
Village shall be in conformance with and pursuant to the provisions
of the Agriculture and Markets Law of the State of New York both as
to licensed and unlicensed dogs.
B.
In the event that the dog seized bears a license tag, the Warden
or officer shall ascertain the owner and give notice to such owner
or an adult member of his family that the dog has been seized. A seized
dog may be redeemed when the owner pays $5 to the Village Clerk-Treasurer,
Dog Warden or a police officer and arrangements for pickup are made
immediately with the Warden or police officer. In most cases, seized
dogs are turned over to Livingston County Animal Control the same
day or very next business day.
C.
If an owner or other designated or responsible person cannot be determined
or contacted, then the seized dog will be turned over to Livingston
County Animal Control.
A.
The Village Justices of the Village of Dansville shall have jurisdiction
to hear all signed complaints filed as hereinafter provided, and all
actions and proceedings hereunder, and of all prosecutions for the
violation of this article. Upon receipt by the Justice of any complaint
against the conduct of any particular dog, the Justice shall summon
the alleged owner or other person harboring said dog to appear in
person before him. If the summons is disregarded, the Police Justice
may permit the filing of an information and issuance of a warrant
for the arrest of such person.
B.
The Dog Warden, police officer or any person who observes a dog causing
damage to or destruction to property of a person other than its owner
or violating any portion of this article may file a signed complaint,
under oath, with the Justice of the Village of Dansville, specifying
the objectionable conduct of the dog, the date thereon, the damage
caused, a description of the dog and the name and residence, if known,
of the owner or other person harboring said dog.
A violation of this article shall be punishable by a fine not
exceeding $250 or up to 15 days in jail. 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.
The invalidity of any portion of this article shall not invalidate
any other sentence, clause, paragraph or provision or part of this
article.
The existing Dog Control Law of the Village of Dansville is
hereby repealed in its entirety.
