[HISTORY: Adopted by the Board of Trustees of the Village
of Oakfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-12-2004 by L.L. No. 1-2004]
The title of this article shall be the "Dog Control Law of the
Village of Oakfield."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article is enacted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York, together with any future
modifications thereof. All provisions of said Article 7 are applicable
and incorporated herein except where modified hereby. The relevant
portions of the Environmental Conservation Law and Public Health Law
also apply, and enforcement of this article is intended by application
of the Penal Law.
The purpose of this article is to protect the health, safety,
and well-being of persons, property, wildlife, and dogs by imposing
restrictions on the keeping and running at large of dogs within the
Village. This article is being enacted because the running at large
and other uncontrolled behavior of dogs has caused physical harm to
persons, damage to property, and created a nuisance within the Village.
For the purpose of this article, the terms as hereinafter used
are defined as follows:
The Agriculture and Markets Law of the State of New York
in effect during the life of this article. The Agriculture and Markets
Law is abbreviated as AML. All terms defined in § 108 of
AML shall have the same meaning as used herein unless specifically
modified.
A facility operated by a veterinarian or certified animal
care persons for the purpose of treating sick or injured animals.
A dog is securely confined or restrained when it is kept
on the owner's premises either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire, or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place, or, if the animal is being transported by the
owner, it is securely confined in a crate, on a tether or in other
container, or so restrained within an enclosed vehicle in a safe manner
consistent with the dog's good health so that it cannot be expected
to escape therefrom (see AML §§ 353 and 356, regarding
cruelty to animals).
Male and female, licensed or unlicensed, members of the species
Canis familiaris.
Any person authorized by the Village Board, county or state
legislature from time to time, directed or permitted to enforce the
provisions of this article or the provisions of the AML.
A dog owner is the person, persons, firm, association or corporation
who:
Purchased the license for the dog and is the registered owner;
Professes ownership of the dog;
Has custody and control of the dog;
Harbors or is otherwise responsible for the dog;
Is the parent, guardian or head of household of any minor under
18 years of age who owns or harbors the dog; or
Brings into or permits the dog to come into the Village.
For proof purposes, any person harboring, possessing or controlling
a dog for a period of one week prior to the filing of any complaint
charging a violation of this article or the AML shall be held and
deemed to be the owner of such dog for the purposes of this article.
Parents, guardians or heads of household, as mentioned above, shall
be deemed to have custody and control of dogs owned or harbored by
minors and shall be responsible for compliance with this article and
the AML in the Village.
A detached building designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include automobile court, motel, boarding or rooming house, mobile
home, recreation vehicle, tourist home or tent.
A kennel is a facility that constitutes a business for keeping
dogs for hire, or the business of raising dogs for sale.
A purebred breeder is a person, firm, association or corporation
who raises dogs for show, competition or sale.
Any real property owned by the Village, county or state or
located in the Village which is used for recreational purposes by
the public, including, but not limited to, parks or playgrounds.
To permit dogs freedom to run in a public place or on private
lands without the knowledge, consent and approval of the owner of
such lands, or running on any public highway.
The Town of Oakfield.
Any designated area within the boundary lines of the Village
of Oakfield.
All dogs within the Village shall be identified, licensed and
vaccinated in accordance with the requirements of Article 7 of the
AML, particularly § 109 thereof, and in accordance with
any Town local law, ordinance, rule or regulation.
As authorized by § 110 of the AML and as required
for controlling dogs, the fees for licensing dogs shall be in accordance
with any Town local law, ordinance, rule or regulation in effect during
the life of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Board will by special resolution maintain the appointment
of a Village Dog Control Officer as required by AML § 113,
setting compensation therein. Such officer shall have authority as
set forth in Subdivision 3 of § 113 of the AML, and shall
be responsible for enforcing the AML and this article of the Village.
The Village Dog Control Officer is hereby authorized to issue an appearance
ticket pursuant to § 150.20 of the Criminal Procedure Law,
to serve a summons and to serve and execute any other order or process
in the execution of the provisions of this article as specified in
§ 113, Subdivision 3, and § 122, Subdivision 2(c),of
the AML. The Dog Control Officer shall maintain all reports required
by Article 7 of the AML, specifically Subdivisions 4 and 5 of § 113.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village adopts the same night quarantine of dogs invoked
by the Genesee County Legislature on April 9, 1980, in Resolution
No. 89, which resolution requires that all dogs within the county
shall be securely confined by dog owners (see Section 10, Subdivision
B for exception) between sunset and one hour after sunrise. Violations
of this quarantine shall be punishable in accordance with the AML
and this article and dogs may be seized or destroyed as authorized
by AML § 121. (See attached copy of Genesee County Legislature
Resolution No. 89 of 1980 which is annexed hereto and incorporated
herein.[1])
[1]
Editor's Note: Said resolution is on file in the Village offices.
A.
It shall be unlawful for any dog owner in the Village to permit or
allow a dog to:
(2)
Run at large unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person able
to control it by command, or on its owner's property. For the
purpose of this article, a dog or dogs hunting in company of a hunter
or hunters shall be considered as accompanied by its owner.
(3)
Produce frequent noise as prohibited by § 175-3A.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Uproot, dig into, upset or otherwise damage any vegetables, lawns,
flowers, garden beds, garbage containers or other property not belonging
to the owner of such dog.
(5)
Destroy, kill, or damage any poultry, livestock, or domestic pets
not belonging to the owner.
(6)
Destroy, kill, or damage any protected wildlife.
(7)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury except when such
person may be on the owner's private property without said owner's
consent.
(8)
Habitually chase, run alongside or bark at motor vehicles, cyclists
and/or pedestrians while on a public street or highway or upon public
or private property other than property of the owner or harborer of
said dog.
(9)
Create a nuisance by defecating, urinating or digging on public or
private property other than the property of the said owner.
(10)
Allow a female dog to be off the owner's premises when it is
in heat except when transporting such dog to a veterinarian's
office or when involved in a formalized, controlled breeding program.
(11)
Run at large on any recreational areas or the sidewalks adjacent
thereto.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the dog owner that he/she has failed to properly confine,
leash or control his/her dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Village, county and state dog control officers and/or police officers
may seize any dog found:
B.
To effect seizure, officers may only use such degree of force as
shall be necessary to gain control over the dog without intentionally
injuring or harming the dog, and such dog shall be impounded and disposed
of pursuant to AML § 117. Officers are not authorized hereby
to enter a building in order to seize a dog without permission of
the building owner. When permission is not given and probable cause
exists to believe that a dog is in the building and is in violation
of the AML or this article, then an officer can proceed before a court
of law to obtain a warrant to enter the building to seize the dog
by application of Criminal Procedure Law Article 690. The Village
Dog Control Officer will maintain records of seized, impounded, forfeited
and adopted dogs as required by AML § 117 and by the Genesee
County Animal Shelter.
C.
The seizure of any dog shall not relieve any owner from any violation
provided for by the AML and this article.
D.
No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog seized pursuant
to this article on the part of the Village, county or state dog control
officers or police officers (see AML § 117, Subdivision
11).
Following seizure of a dog pursuant to this article, it shall be impounded pursuant to § 118 of the AML, and the holding period and fee will be as set forth in § 99-20 of this article. Impoundment fees shall be paid to the Village of Oakfield, at the Village Clerk-Treasurer's office, during normal working hours, Monday through Friday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All dogs seized pursuant to this article will be subject to
forfeiture, adoption and euthanization as set forth in AML § 117
and the county animal shelter rules and regulations. The Village hereby
encourages that all dogs adopted following seizure pursuant to this
article be spayed or neutered before or after release from impoundment
as the county animal shelter might require (see § 117, Subdivision 7, of the AML).
This article may be enforced by either the Village Dog Control
Officer, county or state dog control officers and/or police officers.
It shall be a violation of this article for a dog owner to own, confine or possess more than two dogs over the age prescribed for the licensing of them in any one dwelling, unless the dog owner first obtains the required permit to operate a kennel pursuant to Chapter 295, Zoning, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be a violation, punishable as provided in AML § 118,
for any dog owner to:
(1)
Fail to license any dog;
(2)
Fail to have any dog identified as required by AML § 111;
(3)
Violate the night quarantine noted above;
(4)
Knowingly affix any false or improper identification tag;
(5)
Violate any of the restrictions listed in this article; or
(6)
Violate the limit on the number of dogs noted above.
B.
Upon a violation of this article, the Village Dog Control Officer,
county and state dog control officers and/or police officers may proceed
in accordance with § 118 of the AML.
C.
Fines and penalties for any violation of this article will be in amounts set forth in AML § 118 and § 99-17 of this article.
D.
Violations of this article shall be prosecuted pursuant to the Penal
Law (see § 118, Subdivision 2, of the AML).
E.
The Village Dog Control Officer may serve appearance tickets personally
upon violating dog owners as required by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Dogs believed to be dangerous to human beings, domesticated
or protected animals will be proceeded against pursuant to AML § 123.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All money collected by the Town Court as a fine, penalty and/or
bail forfeiture pursuant to this article or Article 7 of the AML shall
become the property of the Village of Oakfield.
A.
Any person who observed a dog in violation of this article may file
a complaint with either the Village Dog Control Officer, county or
state dog control officers and/or police officers, specifying the
nature of the violation, the date thereof, a description of the dog
and the name and address, if known, of the owner of the dog.
B.
Upon receipt by the Village Dog Control Officer, county or state
dog control officers and/or police officers of any such complaint,
he/she may investigate said complaint or he/she may summon the alleged
owner to appear in person before the Town of Oakfield Justice for
a hearing, at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Town of Oakfield Justice decides that further action
is warranted, he/she may order such action be taken as deemed necessary
in accordance with all applicable state and local laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall hinder, resist, or oppose the Dog Control Officer,
peace officer or other person(s) authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner of said dog seized by the Dog Control Officer shall
reimburse the Village of Oakfield for all expenses incurred by said
Dog Control Officer in the normal course of her/his duties. Village
fees include mileage, hourly wage and seizure fees, as set forth in
AML § 117 and by resolution of the Village of Oakfield Board
of Trustees at its annual organizational meeting held the first meeting
of April each year thereof.
