[HISTORY: Adopted by the Board of Trustees of the Village
of Adams as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-15-2023 by L.L. No. 4-2023[1]]
[1]
Editor's Note: This local law superseded former Art. I, Dog
Control, adopted 4-22-1985 as
Article 28, as amended.
This article shall be known and may be cited as the "Dog Control
Law of the Village of Adams, New York."
It is the purpose of this article to protect the health, safety,
and general welfare of the inhabitants of the Village of Adams by
regulating the running at large of dogs and the use of sentry dogs
in the Village of Adams, New York, so as to afford protection consistent
with the rights and privileges of owners of dogs and the rights and
privileges of other citizens in the Village. This article is enacted
pursuant to the authority conferred upon the Village Board of Trustees
pursuant to Village law and Article 7 of the Agriculture and Markets
Law of the State of New York, and other applicable statutes pertaining
thereto, and is for the purpose of regulating the activities of dogs,
whether licensed or not, and the use of sentry guard dogs.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Any individual appointed by the Village Board of Trustees to
assist in the enforcement of this article or any authorized officer,
agent or employee of an incorporated humane society or similar incorporated
animal protective association under contract with the Village of Adams
to assist in the enforcement of this article.
The Animal Control Officer shall have all the powers of a constable
or other peace officer in the execution of the provisions of this
article or Article 7 of the Agriculture and Markets Law of the State
of New York. These powers include service of any process, the service
of an appearance ticket and the service of any other order or process
as provided in Article 7 of the Agriculture and Markets Law or this
article.
Any member of the species Felis catus of the family Felidae.
Any member of the species Canis familiaris.
As used and referred to in this article shall mean any person
or an agency to whom the court gives authority to take responsibility
for the care of a minor.
Domesticated animals raised in an agricultural setting to
provide labor and/or produce commodities such as meat, eggs, milk,
fur, leather, or wool. Livestock includes but is not limited to cattle,
sheep, horses, goats, chickens, turkeys, geese, ducks and other domesticated
fowl that are considered as poultry.
Any person who is the licensed owner or last registered owner
of a dog.
Any person who harbors a dog for more than one week.
If the owner of a dog is less than 18 years of age, the "owner"
of the dog shall be deemed the parent or guardian for the purpose
of this article.
Any person who owns, cares for, or harbors any cat, horse or
like animal, cow or like animal, rabbit, and/or poultry or other birds.
As used and referred to in this article, shall mean any person
who is the biological or adoptive mother or father of a minor person.
A dog which is trained professionally or otherwise to attack
a human being or any animal attempting to enter a specific property.
This article shall apply to all dogs harbored within the Village
of Adams, whether or not tagged or licensed.
A.
It shall be a violation of this article for any person owning, keeping,
harboring, or having the custody and control of a dog to permit or
allow any dog in the Village of Adams to:
(1)
Be at large in the Village of Adams off the owner's premises
except to be on the premises of another person with the knowledge,
consent, and approval of such other person.
(2)
Permit any dog in heat to be at large off the owners' premises,
whether or not such dog is at large or restrained by a leash.
(3)
Dogs are prohibited in any restaurant, grocery store, or other store
where perishable goods are sold.
(4)
Dogs are prohibited at special events and playgrounds.
(a)
It shall be unlawful for the owner of any dog to permit or allow
such dog to be present at any special event in the Village of Adams
and within 20 feet of any public playground or playground equipment
within the Village of Adams, or within 20 feet of any public park
or baseball diamond within the Village of Adams.
[1]
A special event shall include parades and festivals, to include
but not limited to strawberry and cheese festivals, which are held
on Village of Adams property or public property within the Village
of Adams or events which may involve significant public assembly.
(b)
The posting of signage by the host of a special event, to the
effect that dogs are not permitted at the special event, shall be
presumptive evidence that said event will or may involve significant
public assembly and will be conducted at least in part on Village
property.
(c)
The prohibition shall not apply to:
[1]
Dogs confined in automobiles, crates, cages, or similar structures
that prevent a dog from causing personal injury or damage to personal
or public property.
[2]
A dog which is defined in § 108 of the New York Agriculture
and Markets Law as a guide dog, hearing dog, service dog, working
search dog, therapy dog, detection dog, war dog, or any other dog
which may be utilized by law enforcement agencies within the jurisdiction
of the Village, or which are professionally trained service animals
utilized by persons with disabilities.
B.
The prohibitions of this section may be waived by special approval
of the Village of Adams Board of Trustees.
A.
The owner, harborer, keeper, or person having custody and control
of a dog in the Village of Adams shall control and restrain and be
of such physical ability to be able to effectively control and restrain
a dog by an adequate collar and leash, not exceeding six feet in length,
except when such dog is leashed or fenced on the premises of said
person.
B.
The owner, harborer, keeper, or person having custody and control
of a dog in the Village of Adams shall, when on said owner's
premises, be restrained by a leash which is attached to a fixed, immovable
object and when fully outstretched the dog can not be within five
feet of a sidewalk or, if no sidewalk present, roadway whereon pedestrians,
bicyclists, or vehicles may be.
(1)
If the dog is contained on the owner's premises by a fence,
the fence must be of sufficient height as to prevent the dog from
jumping over said fence and must not allow the dog to be within five
feet of a sidewalk or roadway.
C.
Notwithstanding the foregoing restrictions, a dog which is lawfully
on the land of the owner or upon lands of another with permission
of the owner of the land, and is accompanied by the owner or other
person responsible to the command of such person, may run unleashed
while engaged in hunting or training, but not within 500 feet of a
dwelling, farm building or structure actually occupied or used, public
playground, occupied church, or baseball diamond.
A.
No person owning, harboring, keeping, or having custody and control
of a dog shall permit or allow such dog to:
(1)
Urinate, defecate, or to commit any other nuisance in any park, playground,
or public building, or in any store or parking lot, or upon any public
sidewalk, or on any private property.
(a)
Any person owning, harboring, keeping, or having custody and
control of a dog which soils, defiles, defecates on or commits any
nuisance on any common thoroughfare, sidewalk, passage, bypath, play
area, park, or any place where people congregate or walk, or upon
public or private property, shall immediately remove all feces deposited
by any such dog by any sanitary method approved by the local health
authority.
(b)
Disposal of feces by the owner of such dog will be in an approved
feces disposal box, or taken home and discarded in the proper garbage
container.
(c)
Feces will not be discarded in any storm drain or creek within
the limits of the Village of Adams.
B.
No person shall keep, harbor, or maintain any dog which habitually
barks, howls, whines, cries, or makes other frequent or long continued
or loud raucous noises between the hours of 10:00 p.m. and 6:00 a.m.
which shall disturb and interfere with the peaceful living of any
person.
A.
Any person, Animal Control Officer, peace officer, or police officer
may make a verified complaint to the Town of Adams Justice of an attack
by any dog on:
B.
Thereupon, the Town of Adams Justice shall immediately determine
if there is probable cause to believe the dog is a dangerous dog and,
if so, shall issue an order to the Animal Control Officer directing
such person to immediately seize such dog and hold the same pending
judicial determination as herein provided. Whether or not the Town
of Adams Justice finds there is probable cause for such seizure, he/she
shall, within seven days and upon written notice of not less than
three days to the owner of the dog, hold a hearing on the complaint.
If satisfied that the dog is a dangerous dog, the Justice shall then
order the owner or the Animal Control Officer or any peace officer
to destroy the dog immediately or shall order the owner to confine
securely such dog permanently or at such time as otherwise specified
in the order. If the owner fails to destroy or to confine the dog
as required by such order, the Animal Control Officer or any peace
officer shall destroy such dog on or off the premises of the owner.
A.
Any Animal Control Officer or peace officer, acting pursuant to his/her
special duties, or police officer in the employ of or under contract
to the Village of Adams municipality may seize any dog in violation
of this article.
B.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed, and watered for the redemption period
as hereinafter provided.
C.
Each dog which is not identified pursuant to Article 7 of the Agriculture
and Markets Law, whether or not licensed, shall be held for a period
of five days from the day seized, during which period the dog may
be redeemed by its owner, provided that such owner produces proof
that the dog has been licensed and further provided that the owner
pays the following impoundment fees:
(1)
Twenty dollars for the first impoundment of any dog owned by that
person;
(2)
Thirty dollars for the first 24 hours or part thereof and $5 for
each 24 hours thereafter for the second impoundment, within one year
of the first impoundment, of any dog owned by that person; or
(3)
Fifty dollars for the first 24 hours or part thereof and $5 for each
additional twenty-four-hour period or part thereof for the third and
subsequent impoundments, within one year of the first impoundment,
of any dog owned by that person.
D.
Promptly upon seizure of any identified dog, livestock, or poultry,
the owner shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such dog, livestock, or poultry
shall be held for a period of seven days after date of notice, during
which period the dog, livestock, or poultry may be redeemed by the
owner. If such notification is made by mail, such dog, livestock,
or poultry will be held for nine days from the date of mailing, during
which period the dog, livestock, or poultry may be redeemed by the
owner. In either case, the owner may redeem such dog, livestock, or
poultry upon payment of the impoundment fees prescribed herein and,
for dogs, by producing proof the dog has been licensed.
If any section, paragraph, subdivision, clause, or provision
of this article shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this article shall be deemed valid
and effective.
[Adopted 5-15-2023 by L.L. No. 4-2023]
The following limitations shall apply to farming activities:
A.
A lot or parcel of at least 20,000 square feet shall be required
for the keeping of horses, ponies, cows, hogs, goats, sheep, or other
similar livestock.
(1)
The minimum area per single animal shall be no less than 20,000 square
feet.
(2)
There must be provided a pen or corral for the keeping of said animals.
(a)
Within said pen or corral, there must be provided a stable or
similar roofed enclosure.
(b)
All stables, pens, corrals, and other structures for the housing
of livestock must be located on the rear half of the property but
not closer than 70 feet to the front of the property line nor closer
than 100 feet to any residence or neighboring residence nor any closer
than 50 feet from an adjacent property line.
(3)
The number of chickens, fowl, and/or rabbits shall not exceed 12,
and no roosters over the age of six months shall be kept.
(4)
The number of colonies of bees allowed on a lot shall be limited
to one colony for each 1,000 square feet of property.
(5)
Animal and/or poultry feed shall be secured in metal tamperproof
containers or other rodentproof receptacles.
(6)
Stables and similar enclosures must be built and maintained so as
to not create offensive odors, fly breeding, or other nuisances.
(7)
There will be no stockpiling of manure from any livestock, poultry,
or rabbits on any property.
B.
Livestock will not be at large on any public or private property,
other than the owner's property, with the express permission
of the property owner.
C.
Any person or persons who care, feed, water or otherwise take in
a cat or cats will not allow said cats to be at large.
For any and every violation of this Article II, the owner of said premises where such violation has been committed or shall exist or the tenant of such premises where such violation has been committed or shall exist or any other person who commits, takes part in or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, for each and every day that such violation continues, be subject to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both.
A.
The Animal Control Officer, being notified of a complaint regarding livestock, will respond to the area, verify the complaint in writing, and make contact with the owner of said livestock. The first complaint shall be handled with a warning and an advisory of the penalties in § 62-13.
B.
Each subsequent complaint shall also be in the form of a written
complaint and followed up with an appearance ticket for the specific
violation and forwarded to the Town of Adams Court and to the Village
of Adams Attorney for further action.
