[Adopted 5-11-1967 (Ch. 14 of the 1965 Code)]
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Medina, including
the protection and preservation of the property of the Village and
its inhabitants and of 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 Medina and by imposing restrictions upon the keeping and running
at large of dogs within the Village of Medina.
No person owning, keeping, harboring or having the care, custody
and/or control of any dog shall permit such dog to be at large in
the Village of Medina, New York, unless under a leash not exceeding
eight feet in length, other than when on the premises of the person
owning, keeping, harboring or having the custody and/or control of
such dog or upon the premises of another with the knowledge, consent
and approval of the owner of such premises.
[Amended 5-24-1977 by L.L. No. 4-1977; 5-10-2010 by L.L. No. 3-2010]
No person shall own, keep, harbor or permit to be kept on the
premises of such person any dog which, by its continual barking, howling
or whining or other frequent or long-continued noises, shall disturb
the comfort or repose of any person. Any dog which howls, barks, cries
or whines continuously or regularly for periods in excess of 30 minutes
so as to disturb the peace, quiet, health or well-being of any other
person shall be deemed to be habitually barking.
[Amended 5-24-1977 by L.L. No. 4-1977]
No person owning, keeping, harboring or having the care, custody
and/or control of any dog shall suffer, permit or allow such dog to
urinate or defecate on any park, churchyard or premises or schoolyard
or premises or any other public or private property, except the private
property owned, leased or otherwise occupied by such person.
Any dog owned by a child under the age of 16 years shall be
deemed for the purposes of this article to be in the custody and/or
control of the head of the household in which the child resides.
[Amended 5-24-1977 by L.L. No. 4-1977; 9-25-1990 by L.L. No.
8-1990]
A. Except as otherwise provided in Article 7 of the Agriculture and
Markets Law, any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine of not less than $125 and not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Amended 5-10-2010 by L.L. No. 3-2010]
B. An appearance ticket pursuant to the Criminal Procedure Law may be
issued for any violation of this article, and 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 Article
7 of the Agriculture and Markets Law of the State of New York in lieu
of personal appearance on the return date at the time and place specified
in said appearance ticket.
[Adopted 8-28-2017 by L.L. No. 5-2017]
The purpose of this article is to establish regulations for
use of municipal dog parks.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
This article applies to dog parks, and it does not supersede the obligations of dog owners or handlers under either Chapter
108 of the Village Code or under Article 7 of this State's Agriculture and Markets Law. With the exception of the fact that dogs are allowed to be off leash within the fenced area of a dog park, these other provisions of State statute and Village Code, regarding animal behavior and dog owner responsibility, are applicable to all users of dog parks. The behavior of a dog as a "dangerous dog" within the meaning of Article 7 of the Agriculture and Markets Law, and the enforcement and remedies pertaining thereto, shall be equally applicable to behavior of unleashed or leashed dogs within a dog park.
As used in this article, the following terms shall have the
meanings indicated:
DOG PARK
A fenced and enclosed area that has been designated for use
as an off-leash dog area for the exclusive use of dogs and their handlers.
ENFORCEMENT OFFICER
A police officer or peace officer or animal control officer
with jurisdiction including the area of the dog park in the Village
of Medina.
HANDLER
The person who accompanies a dog for the purpose of its supervision.
This may, but does not have to be, the owner of said dog. Any liability
of the handler under this article shall not be forgiven or excused
because the handler did not, in reality, possess the consent of the
dog's owner.
OFF-LEASH AREA
The fenced, secured section of a dog park where the dog is
allowed to exercise without a leash and under supervision of a handler.
OWNER
The legal owner of a dog.
PUPPY
A dog between birth and 12 months of age.
Possession or consumption of alcohol or drugs is prohibited
in dog parks at all times. All handlers shall be free from the influence
of alcohol or drugs while escorting, transiting, training or accompanying
a dog in a dog park. No food, including dog food or treats, shall
be allowed in the off-leash area of a dog park.
Offenses pursuant to the provisions of this article shall be subject to the same provisions as enumerated in §
108-7.
Pursuant to this article, the following rules and regulations
shall be prominently posted on site at the dog park:
B. Owners and/or handlers are liable for damage or injury inflicted
by their dog(s). This means owners are legally and financially responsible
for their dog's behavior. The Village of Medina has no liability
or responsibility for injuries in the dog park.
C. Users of this facility acknowledge that by entering this dog park,
they have read, are fully aware of and understand the rules and regulations
for its use.
D. Dogs must be properly licensed and vaccinated with proper registration
tags displayed on each dog's collar.
E. Dogs must be leashed before entering and upon leaving the park and
unleashed area, and must be leashed in the transition corridor. Handlers
must have a visible leash for each dog at all times.
F. Handlers are required to clean up after their dogs and must pick
up their dog's fecal matter, and properly dispose of it in a
trash receptacle.
G. Handlers must be in verbal and sight control of their dogs at all
times and prevent aggressive behavior, biting, fighting and aggressive
barking. Handlers may never leave a dog(s) unattended.
H. Any dog that exhibits aggressive, dangerous or vicious behavior within
a dog park, is prohibited. Handlers must immediately leash their dog(s)
and leave the dog park and park.
I. Upon issuance of a notice of violation, the dog and, in the event
such notice is issued against a handler and/or owner, the handler/owner
shall be prohibited from entering the dog park unless and until final
adjudication of the matter.
J. Any dog with a history of aggressive behavior is prohibited.
K. Bark-free zone: Please be considerate. Noise from the park is a nuisance
to our neighbors. Dogs that bark persistently must be removed from
the park.
L. No puppies under four months of age are allowed in the dog park.
M. Female dogs in heat are not allowed in the dog park.
N. Unattended dogs will be impounded.
O. No children age 12 years or younger are allowed in the dog park.
Children ages 13 through 18 must be accompanied by an adult. Permitted
children must be supervised by the adult and behave appropriately:
no running, shouting, chasing dogs, or petting other people's
dogs without the handlers' and/or owners' permission.
P. No food, including dog food or treats, shall be allowed in the off-leash
area of a dog park.
Q. Possession or consumption of alcohol or drugs is prohibited in dog
parks at all times. All handlers shall be free from the influence
of alcohol or drugs while escorting, transiting, training or accompanying
a dog in a dog park.
R. No smoking in the dog park.
S. Violation of Village Code results in fines and no further use of
the dog park.