[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-1-1978 (Ch. 16 of the 1965 Code)]
[Amended 1-22-2013 by L.L. No. 1-2013]
The Board of Trustees finds that dogs in the Village have, in
some instances, been allowed to cause annoyance and damage to the
person and properties of others and, further, that dogs properly cared
for serve a useful purpose. Therefore, the Board of Trustees enacts
the following article to preserve the relationship between a dog and
his/her owner and at the same time to protect the health, safety and
property of others from annoyance and damage caused by dogs.
The title of this article shall be the "Dog Control Ordinance
of the Village of Sleepy Hollow," and it shall affect the areas within
the jurisdictional limits of the Village.
As used in this article, the following words shall have the
following meanings:
ANIMAL CONTROL OFFICER
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this article. The Animal
Control Officer shall be authorized to draw on information and obtain
supporting affidavits for submission to the Village Justice Court
and to perform all functions of the office permitted by statute, law
or ordinance.
[Amended 1-22-2013 by L.L. No. 1-2013]
OWNER
Any person who is a licensed owner of a dog or any person
who keeps, feeds or harbors a dog for over one week. The owner need
not be a resident of the Village of Sleepy Hollow, but for a violation
to occur the dog must be in the Village limits of the Village of Sleepy
Hollow.
PERSON
Any natural individual or two or more individuals living
in the same household, or any firm, trust, partnership, association
or corporation in his or its own capacity or as administrator, executor,
trustee, receiver or other representative capacity appointed by a
court.
[Amended 1-22-2013 by L.L. No. 1-2013]
The owner of every dog which is at any time kept in, brought
to or comes into the Village of Sleepy Hollow shall be held responsible
for the strict observance by such animal, with respect to such animal,
of all the rules and regulations contained in this article at all
times when such dog is within the Village.
[Added 9-17-1979 by L.L.
No. 6-1979; 11-3-1980 by L.L. No. 7-1980; 7-7-1987 by L.L. No. 9-1987; 8-16-1994 by L.L. No. 11-1994; 1-22-2013 by L.L. No. 1-2013]
Applications for dog licenses shall be directed to and processed
by the Clerk of the Town of Mt. Pleasant.
The owner of every female dog shall effectively confine such
dog in or on the premises of the owner or person harboring the dog
during every period in which said female dog is in heat.
A. No dog shall be off the premises of its owner or the person harboring said dog unless it is on a leash of not more than six feet in length, which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash. No dog shall be permitted to be in any park or playground, recreation area or ball field, even if leashed, except as provided in Subsection
B below.
[Amended 1-22-2013 by L.L. No. 1-2013]
B. The walking
of leashed dogs at Douglas Park, Kingsland Point Park and Horan's
Landing shall be permitted.
[Added 9-8-2009 by L.L.
No. 6-2009]
[Amended 1-22-2013 by L.L. No. 1-2013]
No dogs confined under the provisions of §§
123-6 and
123-7 of this article shall be allowed to bark for an unreasonable length of time causing serious annoyance or disturbance to a reasonable person of normal sensitivities or to the neighborhood, and it shall be unlawful for a person to allow a dog to be in such a condition.
[Amended 9-18-1990 by L.L. No. 12-1990; 1-22-2013 by L.L. No. 1-2013]
No person as defined in §
123-5 of this article shall cause or permit his or her dog to become or commit a nuisance within the Village of Sleepy Hollow. As used in this article, a "nuisance" shall be defined as follows:
A. Dumping of garbage and other receptacles.
B. Fighting with other dogs.
C. Prolonged barking or whining.
D. Tearing, digging or otherwise destroying or damaging property of
any person, firm or corporation.
E. Chasing or otherwise harassing any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
F. Habitually chasing or barking at motor vehicles.
G. No owner or possessor of a dog or domestic animal shall suffer or
permit it to soil, defile or commit any nuisance on any common fare,
sidewalk, passageway, bypath, play area, park or any place where the
public congregates or walks or upon any lawn, shrubbery or tree on
any private property not belonging to the owner or custodian of said
dog or domestic animal. The owner or possessor of a dog or domestic
animal that permits the dog or domestic animal to soil, defile or
commit any nuisance on that portion of the property lying between
the street and the sidewalk (curbing of the dog or domestic animal)
shall be responsible to clean up, on an immediate basis, said defilement
or nuisance (fecal matter).
[Amended 9-11-1978; 7-6-1981 by L.L. No. 3-1981; 1-22-2013 by L.L. No. 1-2013]
Every person convicted of violating any of the requirements
or other provisions of this article shall be subject to a fine not
to exceed $250.
A. The owner, harborer or possessor of any dog destroyed under the provisions
of this article shall not be entitled to any compensation, and no
action shall be maintainable thereafter to recover the value of the
dog.
B. Immediately after a second substantiated instance of personal injury
or injury to another animal, the offending dog shall, by order of
the Village Justice, be permanently confined to the premises of its
owner. If the owner of said dog fails to comply with the confinement
order, the Village Justice shall then order said dog destroyed in
a humane manner in accordance with the laws of the State of New York.
[Amended 1-22-2013 by L.L. No. 1-2013]
[Amended 1-22-2013 by L.L. No. 1-2013]
This article shall be administered by a Animal Control Officer
appointed pursuant to the Agriculture and Markets Law or, in lieu
thereof, by any incorporated society for the prevention of cruelty
to animals or similar incorporated dog protective association with
which the Village of Sleepy Hollow shall have contracted pursuant
to the Agriculture and Markets Law. Any such Animal Control Officer
appointed by the Village of Sleepy Hollow shall have the powers and
prerequisites of a peace officer of the Village of Sleepy Hollow.
Except as provided in Chapter
450, Zoning, no person shall keep more than four dogs of licensing age, as defined by the New York Agriculture and Markets Law, within the incorporated limits of the Village of Sleepy Hollow.
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or committing a nuisance
upon the premises of a person other than its owner or who is subjected
to habitually loud or annoying barking or who shall be subject to
or observe a dog otherwise harassing any person or persons or otherwise
acting in violation of this article may file a signed complaint, under
oath, with the Village Justice of the Village of Sleepy Hollow, specifying
the objectionable conduct of the dog, the date thereof, the damage
caused, a description of the dog and the name and residence, if known,
of the owner or other person harboring said dog.
[Amended 1-22-2013 by L.L. No. 1-2013]
Recognizing the special needs of blind and disabled residents and their reliance on Seeing Eye and other types of service dogs, the owner or handler of said Seeing Eye or service dog shall be exempt from §§
123-6,
123-6, and
123-9.
[Added 3-26-2019 by L.L. No. 2-2019]
A. Permits.
(1) Permits are available to Westchester County residents only.
(2) Permits shall be valid from January 1 through December 31 of each
year. For each dog park permit, the applicant shall pay to the Village
Treasurer a fee of:
(a)
$25 for Sleepy Hollow residents and $30 for non-Sleepy Hollow
residents from January 1 through September 30 for a permit that expires
December 31.
(b)
$15 for Sleepy Hollow residents and $20 for non-Sleepy Hollow
residents from October 1 through December 31 for a permit that expires
December 31.
B. Rules. The following rules apply to the use of Kingsland Point Park
Dog Park Run.
(1) All dogs entering the dog park must be licensed and have a valid
Village of Sleepy Hollow dog park permit.
(2) Owners are legally responsible for their dogs and injuries to humans
and other dogs caused by them.
(3) Limit two dogs per person.
(4) Dogs must be accompanied by individuals 16 years or older.
(5) Dogs must be leashed upon entering and exiting the dog park.
(6) Owners must carry a leash at all times. Dogs should be under voice
control.
(7) Gates at the dog park must be closed at all times.
(8) All dogs must be properly inoculated and healthy.
(9) No puppies less than four months of age are allowed in the park.
(10)
Animals must wear collars and identification tags at all times.
(11)
Dogs in heat will not be allowed. Spayed/neutered animals are
recommended.
(12)
Owners must clean up after their dogs. Dog waste must be bagged
and disposed of properly.
(13)
Dogs showing aggression towards people or other animals will
be removed from the dog park and permit may be revoked.
(14)
Dogs who exhibit a history of aggressive behavior will not be
allowed to enter the dog park.
(15)
Owners must not leave dogs unattended or be allowed out of sight.
(16)
Young children in the dog park must be under constant supervision
by a parent or supervising adult.
(17)
No excessive noise or barking.
(18)
Fill in any hole your dog digs.
(19)
No food of any sort is allowed in the dog park.
(21)
No more than 10 dogs in the dog park at one time.
C. Suspension and revocation of permit.
(1) In addition to the fine authorized by this Chapter
123, a violation of any provision of this Chapter
123, Article
I or of any rule may result in the forfeiture of a permit and in the issuance of a summons.
(2) The Chief of Police may, in his discretion, suspend a permit pending
or in advance of the prosecution of the permit violation.
[Amended 1-22-2013 by L.L. No. 1-2013]
Nothing in this article will be deemed to be inconsistent with
the New York Agriculture and Markets Law, Article 7. Where differences
occur, such inconsistencies will be resolved in favor of the state
mandate.