As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public or is on private property not owned by or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
A. 
Accompanied by and under the immediate control and supervision of the owner or responsible person.
B. 
Accompanied by its owner or other responsible person and is actively engaged in hunting or is in training for hunting on unposted land or posted land with the permission of the owner of the land.
C. 
A police work dog in use for police work.
D. 
Any service dog trained (or in training) to function as an aid to the blind, hearing impaired, handicapped, disabled or the elderly and is actively being used for such purpose. Further, this would also include any therapy dog trained as an aide for the emotional or physical health and well being of residents in hospitals, nursing homes, adult homes, rehabilitation facilities, retirement homes or other personal service settings.
E. 
In control by an electronic device.
BARKING DOG
Howling, barking, crying or any other audible sounds made by a dog(s) shall be considered unreasonable if it persists on either an intermittent or continuous basis for more than 30 minutes at a time without complete interruption of at least 10 minutes' continuous duration or should it continue over a period of two hours or more regardless of any interruption time.
DOG CONTROL OFFICER
Any individual or department designated by the Malone Village Board to assist in the enforcement of this chapter, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village of Malone to assist in the enforcement of this chapter.
HABITUALLY
That any employee of the Village of Malone shall have received three official complaints within a seven-day period; five official complaints within a fourteen-day period; or eight official complaints within a thirty-day period.
HARBOR
To provide food or shelter to any dog, even including a dog claimed to be a stray by a person that is in fact providing that food or shelter.
OWNER
Any person who harbors or keeps any dog. In the event that any dog found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person or the head of the household in which said person resides.
Any person(s) owning, harboring or possessing a dog, while living within the Village of Malone, must obtain and thereafter continuously maintain for the life of the dog a license pursuant to the provisions of Article 7 of the New York State Department of Agriculture and Markets Law.
A. 
Licenses are available at:
Town of Malone Clerk
27 Airport Road
Malone, New York 12953
483-4740
B. 
The annual fees for licensing are:
(1) 
For a spayed female or neutered male dog: $13 ($5 for senior dog owners 65+).
(2) 
For an unspayed female or unneutered male dog: $21 ($13 for senior dog owners 65+).
C. 
For any dog found to be unlicensed (or having a license two+ months overdue), an enumeration fee of $25 will be added to the above costs.
A. 
Any Dog Control Officer, peace officer, or Village police officer acting pursuant to his special duties, in the employ of or under contract to a municipality, shall seize
[Amended 12-29-2021 by L.L. No. 1-2022]
(1) 
Any dog which is not identified and which is not on the owner's premises;
(2) 
Any dog which is not licensed, whether on or off the owner's premises;
(3) 
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a dangerous dog; and
(4) 
Any dog which poses an immediate threat to the public safety.
B. 
Any Dog Control Officer or peace officer, acting pursuant to his special duties, or police officer in the employ of or under contract to a municipality may seize any dog in violation of any local law or ordinance relating to the control of dogs adopted by any municipality pursuant to the provisions of this chapter.
The Malone Village Police and Malone Village Code Officers are empowered to issue tickets for habitually barking dogs.
It shall be unlawful for any owner of any dog to permit or allow such dog, in the Village of Malone, New York, to:
A. 
Be at large.
B. 
Habitually engage in loud howling, barking, crying, or whining or to conduct itself in such a manner so as to unreasonably annoy any person at any time of day.
C. 
Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.
D. 
Chase or otherwise harass any person or other animal in such a manner as reasonably to cause intimidation or to put such person or animal in a reasonable apprehension of bodily harm or injury.
E. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles.
[Added 12-29-2021 by L.L. No. 2-2022]
A. 
No dog shall be allowed to run at large within the Village of Malone.
B. 
No dog shall be allowed upon the public streets or upon any public property within the Village of Malone unless it shall be accompanied by its owner or a responsible person able to restrain and control such dog by command and unless such person accompanying such dog shall control and restrain such dog by some suitable device designed and used for that purpose.
C. 
Any Dog Control Officer, peace officer, or Village police officer acting pursuant to his/her special duties, in the employ of or under contract to a municipality, shall be empowered to seize a dog at large pursuant to § 4-3.1 (Seizure of dogs) of Chapter 4 of the Code of the Village of Malone.
A. 
No person who owns, possesses, harbors, keeps or is in any charge or control of a dog/animal shall cause, suffer, allow or permit any such animal to soil, defile, defecate on or commit any nuisance on any public highway, street, thoroughfare or side-walk used in common by the public, or any place where people congregate, or on any private property without the permission of the property owner.
B. 
In the event this happens, the dog/animal owner or handler shall remove the feces and dispose of it in a proper manner.
The Village of Malone will contract with the Town of Malone for the enforcement of this chapter by the Town Dog Control Officer.
The organization contracted with the Village of Malone for dog/animal control is empowered to perform the following:
A. 
Educating pet owners of their responsibilities.
B. 
Enforcement of dog/animal control ordinances.
C. 
Enforcing dog/animal licensing laws.
D. 
Seizing and impounding unlicensed, stray, running, or dangerous dogs/animals.
E. 
Investigating dog/animal complaints or cruelties.
F. 
Transportation of seized dogs/animals to the shelter.
G. 
Issue tickets for violations of the Village of Malone dog/animal control ordinances.
[Added 12-29-2021 by L.L. No. 3-2022]
A. 
Any dog which shall attack any person or domestic animal, as such term is defined in Article 7 of the Agriculture and Markets Law of the State of New York, shall be dealt with in accordance with Article 7 of said Agricultural and Markets Law.
B. 
A dog shall not be a dangerous dog within the meaning of this section if the owner shall prove that any threat, injury, or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, its owner and/or household members, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall a dog be a dangerous dog if the dog was responding solely to pain or injury or was protecting itself while on its owner's property.