[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 1-17-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Includes dogs and cats, as well as other common household
pets, such as fish, hamsters, gerbils and birds, which are commonly
maintained indoors. This term shall exclude all farm animals (horses,
mules, donkeys, sheep, goats, pigs, cattle, livestock, and any fowl
or poultry, etc.) and wild or dangerous animals.
No person shall maintain, house or harbor any animal, other than a domestic animal as defined in § 112-1, in the Village of Baldwinsville.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not to exceed 15 days.
The Board of Trustees of the Village of Baldwinsville finds
that the running at large and other uncontrolled behavior of licensed
and unlicensed dogs has caused physical harm to persons, damage to
property and have created nuisances within the Village. The purpose
of this article is to protect the health, safety and well-being of
persons and property by imposing restrictions on the keeping and running
at large of dogs within the Village.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be "Dog Control Law of the Village
of Baldwinsville."
As used in this article, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
A dog control officer as defined in Article 7, § 113
of the New York Agriculture and Markets Law.
Person entitled to claim lawful custody and possession of
a dog and who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Dog Control Officer and a reasonable search has been made.
If a dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association or corporation, who or which
at any time owns or has custody or control of, harbors or is otherwise
responsible for any dog which is kept, brought or comes within the
Village. Any person owning or harboring a dog for a period of one
week prior to the filing of any complaint charging a violation of
this article shall be held and deemed to be the owner of such dog
for the purpose of this article. In the event the owner of any dog
found to be in violation of this article shall be under 18 years of
age, the head of the household in which said minor resides shall be
deemed to have custody and control of said dog and shall be responsible
for any acts of said dog and violation of this article.
To be in a public place, to include public-use sidewalks,
parks, and Village-owned property, not restrained by a leash or on
private lands without the knowledge, consent, and approval of the
owner of such lands.
The Village of Baldwinsville.
It shall be unlawful for any owner of any dog in the Village
to permit or allow such dog to:
A.
Run at large. Dogs, when not on private lands with the knowledge,
consent, and approval of the owner of such lands, must be restrained
by a leash no longer than six feet.
B.
Engage in repeatedly loud howling, barking, crying or whining or
conduct itself in such a manner so as to unreasonably and repeatedly
disturb the comfort or repose of any person other than the owner of
such dog.
C.
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury upon any property
other than the premises of the owner of such dog.
D.
Repeatedly chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place, or upon private
property, without the consent or approval of the owner of such property.
E.
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
F.
The owner of a dog shall not permit his dog, even though leashed,
to do any of the following acts:
A.
The fee for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 112-9 of this article are as follows:
B.
The Dog Control Officer or a peace officer observing a violation
of this article in his presence may issue and serve an appearance
ticket for such violation.
C.
The Dog Control Officer or peace officer may also investigate and
report to a Village Justice of the Village any dangerous dog as described
in Article 7 of the Agriculture and Markets Law and see that the order
of the Village Justice in such case is carried out.
D.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Village Justice of the Village specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of the dog.
Such complaint may serve as the basis for enforcing the provisions
of this article.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days.
