[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-8-2009 by L.L.
No. 4-2009]
This article shall be known as "Control of Dogs in the Village
of Fort Edward."
The purpose of this article is to promote the health, welfare
and safety of the citizens of the Village of Fort Edward and protect
and preserve their property.
This article is hereby enacted pursuant to the authority granted
by § 10 of the New York State Municipal Home Rule.
As used in this article, unless otherwise expressly stated or
unless the context of the subject matter requires otherwise, the following
terms have the meanings indicated:
Off the premises of the owner and not under the control of
the owner.
Any member of the species canis familiaris.
Any individual appointed by the Village to assist in the
enforcement of this article.
To provide food or shelter to a dog.
Any person who provides food and shelter for a dog on a periodic
or continuing basis.
A person who harbors or keeps a dog, except, if the person
is under 18 years, the owner shall be the parent or guardian of such
person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
It shall be unlawful for any owner of a dog to:
A.
Allow their dogs to travel unattended upon public lands, streets,
sidewalks, highways or other public places without restraining and
controlling their dog with the use of a leash or other restraining
device not to exceed six feet in length.
B.
Harbor or keep a dog which has attacked a person in a place where
that person was lawfully present.
C.
Allow their dog to damage or destroy property of any kind.
D.
Allow their dog to bark, whine, howl or make other frequent and continual
noises so as to unreasonably disturb the peace of any person.
E.
Allow their dog to defecate on public lands, streets, highways or
other public places without immediately removing such defecation.
F.
Treat their dog in a cruel or inhuman manner.
To effectuate the implementation of this article of the Village
Code, the Board of Trustees of the Village of Fort Edward is hereby
authorized, pursuant to Article 56 of the General Municipal Law, to
contract with the Town of Fort Edward or any other municipality for
the services of the Dog Control Officer.
The duties of the Dog Control Officer are to:
A.
Enforce any provision of this article within the Village of Fort
Edward.
B.
Cooperate with and work in conjunction with the Fort Edward Police
Department so as to enforce the provisions of any applicable state
statute in the Village of Fort Edward.
C.
When there is a violation of this article or the state statutes in
the Village of Fort Edward, issue a summons in the appropriate court.
D.
Seize, contain or impound any dogs found on any public roads, streets,
sidewalks, highway or other public places within the Village of Fort
Edward when said dogs are not restrained in accordance with the provisions
of this article.
E.
Appear in Village Court when requested by the Village Attorney so
as to prosecute any violations of this article.
F.
Adhere to the provisions of the Agriculture and Markets Law of the
State of New York.
G.
Aid and assist in the filing of complaints with the Village Attorney
and/or local justice.
It shall be the responsibility of the Dog Control Officer to:
A.
Maintain accurate records and to complete and submit the following
records to the Mayor and Board of Trustees on a weekly basis or when
requested by the Mayor and Board of Trustees:
(1)
A listing of all complaints, including the name, address and phone
numbers of each complainant and the type of complaint and the resolution
of each complaint.
B.
Make available any records required to be maintained by the Town
of Fort Edward.
Any person owning or harboring a dog for a period of one week
prior to the filing of any complaint alleging a violation of this
article shall be deemed to be the owner of such dog for the purpose
of this article.
In addition to the provisions set forth in this article, the
seizure of dogs, redemption periods and impoundment fees and adoption
of dogs are to be governed by § 118 of the Agriculture and
Markets Law of the State of New York.[1]
[1]
Editor's Note: See now § 117 of the Agriculture
and Markets Law.
Any violation of the provisions of this article shall be deemed
a violation and shall be punishable by a fine of at least $25 but
not to exceed $250 or by imprisonment not exceeding 15 days, or by
both such fine and imprisonment.
Each separate offense shall constitute a separate violation.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to control of dogs within the Village
of Fort Edward and they shall be, upon the effective date of this
article, null and void.
This article shall take effect upon filing with the New York
State Secretary of State.
