[HISTORY: Adopted by the Board of Trustees of the Village of Bloomfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-30-1994 by L.L. No. 8-1994 (Ch. 55 of the 2016 Code)]
The Village of Bloomfield, New York, finds that the running at large and other uncontrolled behavior of dogs has caused harm to persons, damage to property and 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 and regulations upon the keeping or running at large of dogs and the seizure thereof within the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is enacted pursuant to the provisions of § 122 of Article 7 of the Agriculture and Markets Law.
As used in this article, the following terms shall have the meanings indicated:
DOG
Any member of the species canis familiaris.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed the parent or guardian of such person (or the head of the household in which said person resides).
AT LARGE
A. 
Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained.
B. 
No dog shall be deemed to be at large if it is:
(1) 
A guide dog accompanied by and under the immediate supervision and control of the blind person;
(2) 
A police work dog in use for police work; or
(3) 
Accompanied by its owner or other responsible person and is actively engaged in hunting or in training for hunting on unposted land or on posted land with the permission of the owner of the land.
A. 
It shall be unlawful for any owner of any dog to permit or allow such dog, in the Village of Bloomfield, to:
(1) 
Be at large;
(2) 
Engage in loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person for a period of 15 consecutive minutes or longer;
[Amended 9-26-2001 by L.L. No. 2-2001]
(3) 
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;
(4) 
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury;
(5) 
Chase or otherwise run alongside or bark at motor vehicles or bicycles;
(6) 
Dump garbage or other receptacles;
(7) 
Fight with other dogs or injure another animal;
(8) 
Tear, dig or otherwise destroy or damage property of any person, firm, or corporation;
(9) 
Attack, bite, molest, maul or harass without provocation any person who is in any place where he/she may lawfully be;
(10) 
Be on private property without the consent of the owner or person in control of such property;
(11) 
Be off of the premises of its owner or person harboring such dog unless it is on a leash, hereinafter "leashed"; or
(12) 
Deposit fecal matter or urinate upon property of any person, firm or corporation, except on roadways adjacent to curbside.
B. 
A violation of any of the provisions of this section shall constitute a separate offense.
This article shall be enforced by any dog control officer, peace officer when acting pursuant to his special duties, or any other person or agency duly designated by the Village of Bloomfield to perform such service. Any such dog control officer, peace officer or person or agency authorized to perform such service may use such force necessary to pick up or capture such dog without intentionally injuring or harming the dog.
A. 
Any dog found in violation of the provisions of § 55-4 of this article may be seized.
B. 
Every dog seized shall be properly fed and humanely treated.
C. 
If the dog that is seized bears a license tag, the dog control officer, peace officer, or any other person or agency duly designated by the Village of Bloomfield shall ascertain the owner of the dog and shall give telephone notice within a reasonable length of time to the owner and personally serve the owner, or an adult member of the family, with written notice which shall state that the dog has been seized and may be destroyed unless redeemed.
D. 
Seized dogs may be redeemed within five days by producing proof of licensing and identification and by paying the dog control officer or the Village Clerk/Treasurer the sum of $100 as the cost of seizure, plus paying the reasonable cost of boarding such animal, to be paid at the place of impounding.
E. 
If any dog remains unredeemed after the five days, the owner thereof shall forfeit all title to the dog, and the dog shall be available for adoption or euthanized pursuant to the laws of the State of New York. The owner of any euthanized dog shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
Except as provided in Chapter 135, Zoning, no household shall keep more than three dogs of licensing age, as defined by the New York State Agriculture and Markets Law, within the Village limits of the Village of Bloomfield.
Any person who observes a dog in violation of this article may file a complaint under oath with a justice of the Town of East Bloomfield, the Code Enforcement Officer or the Village Clerk/Treasurer 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
Any dog control officer, peace officer, Code Enforcement Officer or person or agency authorized to enforce the provisions of this article observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
[Amended 6-25-2008 by L.L. No. 2-2008]
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 per day that the person is in violation of this article.
Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This article shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Village of Bloomfield, and they shall be, upon the effective date of this article, null and void.