[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-9-1928 as Section 74 of the Ordinances of the
Village of Coxsackie]
[Amended 12-12-1979 by L.L. No. 27-1979]
No person shall drive or permit to be driven
or lead or permit to be led any horse or horses or other animal or
animals over, through or along any public street or avenue in the
Village of Coxsackie without having the same securely fastened and
harnessed by ropes or otherwise, except that horses or cattle may
be driven over such routes at such times and under such conditions
as may be prescribed in and by a written permit to be issued by the
Mayor of the Village upon application therefor.
[Added 12-12-1979 by L.L. No. 27-1979]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
[Adopted 4-24-1978 by L.L. No. 3-1978]
It appearing that dogs in the Village of Coxsackie
have, in some instances, been allowed to cause annoyance and damage
to the person and properties of others, and it appearing further that
dogs properly cared for serve a useful purpose, the Village Board
of the Village of Coxsackie enacts this article to preserve the relationship
between a dog and his master and, at the same time, to protect the
health, safety and property of others from annoyance and damage caused
by dogs.
As used in this article, the following terms
shall have the meanings indicated:
Other than on the premises of the owner, or on the premises
of another person without the knowledge, consent and approval of said
other person.
[Added 12-12-1979 by L.L. No. 24-1979]
The person appointed by the Village Board to enforce the
provisions of this article.
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week. In the case of
a licensed owner or harborer under 18 years of age, the owner shall
be deemed to be the parent or guardian of such person. The owner need
not be a resident of the Village of Coxsackie, but for a violation
to occur the dog must be within the Village limits of the Village
of Coxsackie.
It shall be unlawful for any owner of or any
person harboring any dog to permit or allow such dog, while in the
Village of Coxsackie, to:
A.
Run at large, unless said dog is restrained by an
adequate collar and leash no longer than eight feet long, except when
the dog is on the owner's property or on the private property of another
person or persons with the actual knowledge and consent of such person
or persons.
B.
Engage in habitual loud howling or barking or conduct
itself in such a manner as to habitually annoy any person other than
the owner or person harboring such dog.
C.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
D.
Chase or otherwise harass any person in such manner
as reasonably to cause intimidation or to put such person in a reasonable
apprehension of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
A.
It shall be unlawful for any owner or any person harboring
any female dog to permit such dog to run at large when in heat, and
such dog shall be confined to the premises of such owner or harborer
during such period.
B.
It shall be unlawful for any owner or any person harboring
a dog to permit the premises or enclosure in which the dog is kept
to be unsanitary or unclean.
C.
Removal
of feces required. Any person owning or in charge of any dog or other
domesticated animal which soils, defiles, defecates on or commits
any nuisance on any public property, public street, highway, sidewalk,
or public right-of-way, or upon the property of another without their
permission, shall immediately remove such feces or cause it to be
removed and shall dispose of it in a sanitary manner.
[Added 1-13-2020 by L.L. No. 1-2020]
(1)
Disposal.
The feces removed from the aforementioned designated areas shall be
disposed of by the person owning or in charge of any such dog or other
animal in a sealed, nonabsorbent, leak-proof container. In no event
shall any feces be deposited in sewers or drains, whether storm or
sanitary.
(2)
Exceptions.
The provisions of this subsection shall not apply to handicapped persons
or Seeing Eye guide dogs, hearing dogs or service dogs that accompany
any person with a disability, or to domesticated house cats.
(3)
Enforcement.
This subsection shall be enforced in accordance with the provisions
of this article.
This article shall be enforced by the Coxsackie
Village Dog Warden, by any police officer or by any other person or
agency designated by the Village or authorized by law to seize and
impound such dog.
A.
Any dog running at large within the Village of Coxsackie or otherwise in violation of §§ 53-5 and 53-6 shall be subject to seizure and impounding in such place as may be designated by the Village Board as a place of detention in accordance with § 114, Article 7, of the New York State Agriculture and Markets Law,[1] until disposition thereof shall have been made in accordance
with the provisions of this article.
[1]
Editor's Note: For current provisions pertaining
to seizure and impoundment of dogs found to be running at large, see
§ 118 of Article 7 of the Agriculture and Markets Law.
B.
No person shall hinder, resist or oppose the Dog Warden
or any police officer, agent or employee or representative of the
Village of Coxsackie in the performance of his duties under this article.
In the event that the dog seized bears a license
tag, the person seizing the dog shall ascertain the owner of the dog
and shall give immediate notice by personally serving such owner or
a member of his family over 18 years of age with a notice, in writing,
stating that the dog has been seized and will be destroyed unless
redeemed within 12 days by paying to the Village Clerk the sum of
$10 as the cost of seizure.
In the event that the dog seized bears no license,
the owner of the dog may redeem the dog within five days by producing
to the Dog Warden a license for the dog and by paying to the Village
Clerk the sum of $15 as the cost of seizure. If the identity of the
owner is not ascertainable, then a report of such seizure and/or impounding,
together with a description of the dog seized and/or impounded, shall
be published in a daily newspaper serving the Village of Coxsackie
as soon after such seizure and/or impounding as is practicable.
If an impounded dog is not redeemed within the
time limits provided by this article, the dog shall be killed, in
accordance with § 114-a, Article 7, of the New York State
Agriculture and Markets Law,[1] or offered for adoption to a responsible or proper person
after producing a license for said dog, and no action shall be maintained
to recover the possession or value of a dog or for damages to injury
or for compensation for destruction of a dog destroyed. Records of
the disposition of dogs shall be kept by the Village Clerk for a period
of one year.
[1]
Editor's Note: For current provisions pertaining
to unclaimed dogs, see § 118 of Article 7 of the Agriculture
and Markets Law.
No dog not reclaimed by the owner shall be sold,
given or offered for adoption to any laboratory for experimental purposes
or sold, given or offered for adoption to any person in any way connected
with a laboratory using dogs for experimental purposes.
A.
A person committing an offense against the provisions
of this article shall be liable to a civil penalty of $45 for the
first offense, $80 for the second offense and $105 for the third and
subsequent violations within a year from the first offense.
[Amended 3-24-1986 by L.L. No. 2-1986; 3-12-1990 by L.L. No.
1-1990]
B.
In addition, a dog found to be dangerous may be ordered
to be securely confined or destroyed pursuant to the provisions of
§ 116 of the New York State Agriculture and Markets Law.[1]
[1]
Editor's Note: For current provisions pertaining
to dangerous dogs, see § 121 of Article 7 of the Agriculture
and Markets Law.
It shall be a complete defense to an allegation of a violation of § 53-5D that the person chased or harassed is upon the property of the owner of the dog without the consent, actual or implied, of said owner.
