[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 9-27-2017 by L.L. No. 7-2017. Amendments noted where applicable.]
Editor's Note: This chapter was adopted as Chapter 60, but was renumbered to fit the organization of the Code.
This chapter shall be known and may be cited as "The Animal Control Law" and sets forth certain regulations to govern the control of animals within the Village and the protection of persons, property and domestic animals from attack and damage.
The Village of Clyde Board of Trustees finds that the control of animals of all kinds within the Village limits is necessary to keep a nuisance-free, healthy and safe environment for the Village residents and all who visit the area.
As used in this chapter, the following terms shall have the following meanings:
- ANIMAL CONTROL AUTHORITY
- The person designated by the Village of Clyde Board of Trustees to enforce the applicable provisions of this chapter.
- ANIMAL ESTABLISHMENT
- Any pet shop, grooming shop, animal auction, performing animal exhibition, zoo, kennel, cattery, or animal shelter. This term shall not include veterinary clinics, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the USDA.
- ANIMAL SHELTER
- A facility designated or recognized by the Village of Clyde for the purpose of impounding and caring for animals.
- ANIMAL WILDLIFE
- Any nondomesticated rodent life including but not limited to squirrels, chipmunks, woodchucks, moles, muskrats, beavers and raccoons.
- Any cat, regardless of sex, age or ownership status.
- An establishment maintained for the purpose of boarding or breeding domestic cats.
- Any domestic hen. Roosters and other types of domestic fowl are excluded from this definition and are not intended to be permitted or addressed by this chapter.
- A structure that is designed to house hens, which is enclosed on all sides by a roof, doors, and walls with or without windows. A mobile or portable structure that meets this definition shall be considered a coop for purposes of this chapter.
- Any male, female or neutered domestic canine.
- DOMESTICATED ANIMAL
- Any dog, cat or other common household pet, such as fish, hamsters, gerbils and birds, which are maintained indoors. This term shall exclude farm animals (horses, livestock and poultry) and wild or other dangerous animals.
- DWELLING UNIT
- A structure or the part thereof that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
- To bring about death by a humane method.
- Existing in a wild or untamed state, or returning to an untamed state after domestication.
- To provide food or shelter to any dog, cat or other domestic animal.
- A female chicken.
- A structure to accommodate the commercial boarding, sale or care of dogs, cats or other domestic animals or the harboring of more than four dogs, each being over six months of age. (See also § 190-5, Zoning).
- Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
- To permanently sterilize male cats to render them incapable of impregnating female cats, as carried out by a veterinarian.
- A dog or cat that damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise-making; or chases vehicles or molests, attacks, or interferes with persons or other domestic animals on public property.
- A person having the right of property or custody of a dog or cat, who keeps or harbors a dog or cat, or a person who knowingly permits a dog or cat to remain on or about any premises occupied by that person. If such person is under 18 years of age, the owner shall be deemed to be the parent or guardian of such person.
- Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
- PET SHOP
- An establishment engaged in the business of buying or selling at retail dogs or cats or other animals for profit-making purposes.
- POLICE WORK DOG
- A dog under the care and control of any law enforcement agency and used primarily for law enforcement investigations and related work.
- An outdoor area that is enclosed on all sides, including the top, by fencing that is attached to or surrounding a chicken coop. A run shall have a doorway or hatch that allows hens to access the space.
- SERVICE DOG
- A dog that is trained to aid a person with a disability and is actually used for this purpose, otherwise known as a "guide dog."
- TORTURE or CRUELTY
- Any act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted.
- TRAP, NEUTER, VACCINATE AND RETURN PROGRAM (TNVR)
- A program in which community cats are humanely trapped, which sometimes requires feeding, evaluation, vaccination, sterilization, and ear-tipping by a veterinarian and return to the trap location with the intent of controlling or reducing feline population and reproduction.
- A person licensed to practice veterinary medicine in the State of New York.
The control and licensing of dogs is regulated by NYS Agriculture and Markets Law, as enforced by the Town of Galen, except as follows:
A person having custody of any dog shall not permit, either willfully or through failure to exercise due care or control, any dog to defecate or urinate upon any public sidewalk, public park, street, cemetery, playground or public place, or upon any private property not owned or leased by the dog's owner. The person having custody of any dog shall immediately remove any feces deposited by such dog to a proper receptacle. This subsection shall not apply to service dogs utilized by blind persons or people with mobility disabilities, or law enforcement officers accompanied by police work dogs while on duty.
It shall be prohibited to allow or permit the accumulation of dog feces on a property which results in a foul or nauseating odor or unsightly condition which makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects or animals thereby creating an unsanitary condition which may endanger the public health, safety or welfare.
Number of permitted dogs. No person or persons shall own, harbor, or keep more than four dogs which are more than four months of age in any premises, household, or dwelling unit within the Village of Clyde. This section shall not apply to any approved animal establishment, animal shelter, pet shop, veterinary hospital or kennel.
Approval of animal establishments. No person shall operate an animal establishment without first obtaining a permit in accordance with this section. No person shall operate a kennel except as permitted in Chapter 190 (Zoning).
Permits to operate an animal establishment shall be issued by the Board of Trustees.
The permit period shall run for one year.
Applications to operate animal establishments shall be made on forms and include such information as deemed necessary by the Board of Trustees. If an applicant is shown to have withheld or falsified any material on the application, the Board of Trustees may refuse to issue or may revoke a permit. The fee for said permit shall be $100 or as otherwise established by resolution of the Board of Trustees.
It shall be the condition of issuance of any permit for an animal establishment that there be an annual inspection of the establishment by the animal control authority, and/or Code Enforcement Officer, or other person(s) designated to do so by the Board of Trustees, to ensure humane conditions and the ability of the permittee to care for the animals, including but not limited to the necessary time and resources.
The Board of Trustees may deny a permit to anyone who has been or is convicted of animal cruelty violations.
The control and licensing of cats shall be regulated as follows:
Restricted acts. For purposes hereof, when any cat is in violation of the provisions of this section, the owner shall be deemed to have permitted or suffered the cat to have committed such violation.
No cat shall be fed outdoors or in any area which provides unfettered indoor/outdoor access within the Village of Clyde, unless such feeding is within the immediate and constant presence of the owner.
It shall be unlawful for any person to feed, water or otherwise attract or create conditions in the Village of Clyde which allow cats, domesticated or feral, to accumulate on the property or otherwise endanger the health, safety and welfare of the other residents of the Village of Clyde.
No person who owns or has control of any cat shall permit or suffer such cat to attack or bite or injure any person peaceably conducting themselves in any place where such person may lawfully be; or to attack, chase, injure or kill another animal of another person when such animal is in any place where it may lawfully be.
No owner shall permit or suffer any cat to commit a nuisance in a public highway, public building, park, or on any private property except with the consent of the owner of the property thereof.
No person shall permit or allow a cat to enter upon another's property and scratch, claw or deface said property, damage lawns, flowers, bushes or shrubbery or to scatter trash or garbage placed out for collection.
No person shall permit the premises, structure or enclosure in which such cat is kept to be unclean or unsanitary.
No owner shall permit a cat to deposit excrement or urine on the property of another without the prior approval of the owner of such property, unless such waste is immediately removed and properly disposed of.
No owner shall permit a cat to deposit urine or excrement on the property of the Village of Clyde, including but not limited to any sidewalk, street, park, playground or parking lot, unless such waste is immediately removed and properly disposed of.
No owner shall permit a cat from causing a nuisance by howling in a habitual, consistent, or persistent manner that repeatedly disturbs the peace of the neighborhood.
All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with NYS Public Health Law. The cat owner shall provide a certificate of vaccination to the animal control authority upon request.
No house, apartment, store, yard, enclosure or other place in the Village of Clyde shall be permitted to keep or harbor more than five cats over the age of three months. This section shall not apply to any approved animal establishment, animal shelter, pet shop, veterinary hospital or kennel.
No person shall own, have, keep or maintain any wild, exotic, or nondomestic animal or reptile within the Village, except wild animals allowed by the New York State Department of Environmental Conservation or other state or federal permitting body. Such animals shall be allowed in accordance with applicable state or federal regulations and permit conditions, subject to the provisions of this chapter. The keeping and maintenance of such animals shall also conform to the zoning regulations of the Village.
Any complaints or reports involving wild animals within the Village should be directed to a New York State Department of Environmental Conservation certified trapper. See the Village Clerk for a list of certified trappers in the area.
For purposes of this section, the definitions of "wild," "exotic" or "nondomestic" animals or reptiles shall be those employed by the New York State Department of Environmental Conservation in Article 11 of the Environmental Conservation Law.
Nothing in this section shall prohibit the trapping or extermination on private property of animal wildlife as defined in this chapter, subject to any applicable state law or regulation.
Farm animals shall be allowed pursuant to applicable requirements of the Village zoning regulations. Livestock shall be permitted to be kept on a farm, as that term is defined in Chapter 190 (Zoning).
Chickens may be kept on residential property upon issuance of a permit by the Board of Trustees, in accordance with § 54-10 of this chapter.
All allowable livestock shall be within adequate fences so as to contain the animals at all times and prevent free roaming. All pasture fences confining livestock under this subsection shall be a minimum of 100 feet from the nearest residence except that of the owner.
The Village of Clyde shall not be responsible for the removal of dead animals found on state highways or on private property. If a dead animal is found or observed on State Highway 414 (which includes Glasgow Street and Mill Street) and State Highway 31 (which includes East Genesee Street West Genesee Street, North Park Street and the portion of Sodus Street between West Genesee and North Park), the New York State Department of Transportation (NYSDOT) should be contacted and shall be responsible for removal. If a dead animal is found or observed on a Village street, the Village's Highway Department should be contacted and shall be responsible for removal.
Pursuant to Article 26 of the Agriculture and Markets Law, it shall be unlawful for any person in the Village of Clyde, by act, omission or neglect, to cause or permit torture or cruelty to be visited upon any animal in the Village.
The Village of Clyde will not trap or impound any animals, except as provided herein. Injured, abandoned and dangerous dogs are handled by the Town of Galen Dog Warden.
In the event that an animal other than a dog is found to be suffering, the Code Enforcement Officer, animal control authority or a Village police officer shall have the right forthwith to remove or cause to have removed any such animal to a safe place for care at the owner's expense or to euthanize them when necessary to prevent further suffering. Return to the owner may be withheld until the owner has made full payment for all expenses so incurred.
In the event that an animal attacks or injures a person or another animal, it may require impoundment and quarantine by the Wayne County Health Department or their authorized representative.
It shall not be a violation of this section to determine that the best course of action for a particular animal is to be left alone.
TNVR of feral cats shall be legal in the Village of Clyde and interested citizens are encouraged to participate in and support TNVR activities on a voluntary basis.
Implementation. The Village of Clyde reserves the right to enter into agreements with an animal shelter or other agencies or organizations to implement and administer TNVR and/or impoundment programs.
No person may breed, raise, harbor, or maintain hens in the Village without a permit issued by the Village Board of Trustees. A building permit shall be required for the construction of a coop or run for the keeping of hens to ensure compliance with these provisions. A certificate of compliance from the Code Enforcement Officer shall be issued following construction and prior to a hen being bred, raised, harbored or maintained in a coop or run. No permit shall be required for the keeping of chickens on a farm, as defined in Chapter 190 (Zoning).
The Board of Trustees may deny a permit to an applicant that cannot meet the setback requirements or any other requirement of this chapter. The Board of Trustees may also deny a permit to anyone who has been or is convicted of animal cruelty violations.
Regulations for the keeping of hens.
A coop and run shall only be permitted on unimproved parcels and parcels improved by a single-family residential structure.
There shall be no more than one coop and run on a lot.
The maximum number of hens shall be six per property.
Roosters shall be prohibited.
Hens are permitted for personal use only. Except for roadside stands allowed under Chapter 190 (Zoning), the sale of hens or eggs on residential property is prohibited.
Hens shall be contained or kept in a fully enclosed coop and run. Hens may be permitted to exercise in a rear, fenced-in yard with supervision provided the fence is a minimum of five feet high. Hens must be kept in the coop and run at all times if the coop and run are not located in a fenced yard. No hen shall be permitted to run at large.
Feed must be stored in an enclosed, rodent-proof container at all times.
The coop and run shall be located in the rear of the residential structure. A coop and run shall be permitted in the rear yard only and shall not be permitted in a side or front yard. On unimproved parcels, the coop and run shall not be located within the required front yard setback as required for a primary structure.
A coop shall be designed and built so that it provides ventilation and shade for hens, and protection from precipitation, cold weather, predators, wild birds and rodents.
Openings in windows or doors are to be covered/secured with wire mesh or screens to deter predators.
Access doors are required and are to be placed to provide for ease of cleaning.
The enclosed run must be attached to, or surround, the coop. The sides of the run must be made of wire mesh or screening to discourage predators.
The run must be enclosed on all sides including the top or roof plane.
Area and setback requirements.
A coop shall provide a minimum of four square feet per hen. A run shall have a minimum of eight square feet per hen.
A coop and run shall be at least 10 feet from the property line and at least 20 feet from a neighboring dwelling. This setback can be waived upon submission of written permission from the owner of the neighboring dwelling.
Sanitation and nuisance prevention.
The coop or run shall be kept clean, dry and in sanitary condition at all times. Animal waste, uneaten or discarded food, and feathers are to be removed regularly with a minimum frequency of once per week.
Odor from hens, animal waste and related substances shall not create a nuisance for occupants of nearby buildings or properties.
Animal waste must be collected, stored and disposed of regularly with a minimum frequency of once per week. Notwithstanding the foregoing, animal waste may be composted.
Slaughtering prohibited. The slaughter of any animal within the confines of the village is hereby prohibited, unless at a place duly authorized and designated by the Board of Trustees.
Fire safety. The design, construction, operation and maintenance of an "animal establishment" as defined in this chapter shall comply with the applicable provisions of NFPA 150 (Standard on Fire and Life Safety in Animal Housing Facilities).
This chapter may be enforced by the Village Code Enforcement Officer or Clyde Police Department, each of whom are hereby authorized to issue and serve violation notices and/or appearance tickets upon any person in violation of this chapter.
Enforcement of provisions of this chapter may be assigned to an animal control authority, who shall be such person or persons as the Board of Trustees of the Village of Clyde may from time to time appoint or contract for. Officers of the animal control authority are authorized to issue violation notices and/or appearance tickets upon any person in violation of this chapter.
The Code Enforcement Officer, Police Department, and animal control authority may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the Wayne County Animal Cruelty Investigators, the Wayne County Humane Society, and other departments or officers and of all other municipal officials exercising any jurisdiction over animals.
Any person claiming a violation of this chapter may file a signed, written complaint with the Village Clerk. Such complaint shall include the complainant's phone number or other contact information, and shall specify the objectionable conduct of the animal and/or person, the date thereof, damage caused (if any), description of the animal(s) involved, the name and address of the owner or person harboring such animal (if known), and pictures if available. Upon receipt of such complaint, the Village Clerk will review the complaint for completeness and, if complete, forward the complaint to the animal control authority or other appropriate agency.
The animal control authority or other enforcement agency shall investigate each verified complaint and issue a warning letter to the owner on the first offense. An appearance ticket may be issued on subsequent offenses.
Violation of any provision of this chapter shall be punishable by a fine of not less than $25 and not more than $250, or imprisonment for not more than 15 days, or by both a fine and imprisonment. Each week that such violation continues shall constitute a separate offense.