The purpose and intent of this article shall be to preserve
the public peace and good order in the Village of Lima and to include
the protection and preservation of the property of the Village and
its inhabitants by declaring and enforcing certain regulations and
restrictions on activities of dogs and owners of dogs within the Village.
It is the express intention of this article to repeal, annul,
supersede and replace the Village of Lima Dog Control Law, Local Law
No. 2 of 1997, such that the Village of Lima Dog Control Law, Local
Law No. 2 of 1998, shall in every respect govern this matter and issue.
As used in this article, the following terms have the meanings
indicated:
AT LARGE
Any dog that is unleashed and on public property or property
open to the public, or is on private property not owned by the owner
of the dog unless permission for such presence has been obtained.
No dog shall be deemed to be at large if it is:
A.
A guide dog actually leading a blind person;
B.
A police work dog in use for police work; or
C.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
with the permission of the owner of the land.
DOG CONTROL OFFICER
The person or persons authorized by the Village Board to
enforce the provisions of this article, including the designated Dog
Control Officer, or any peace officer or law enforcement officer.
[Amended 11-9-2010 by L.L. No. 4-2010]
LEASHED or RESTRAINED BY LEASH
That the dog is equipped with a collar or harness to which
is attached a leash, both collar or harness and the leash to be of
sufficient strength to restrain the dog, and 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.
OWNER
Any person who is a licensed owner of a dog or any person
who keeps, feeds or harbors a dog. The owner need not be a resident
of the Village of Lima, but, in order for a violation to occur, the
dog must be in the Village limits. If any dog found in violation of
this article is owned by a minor, the head of the household in which
said minor resides shall be responsible for acts of the dog in violation
of this article.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York shall be dealt with in accordance with Article 7
of the Agriculture and Markets Law.
A violation of this article shall be deemed an offense and shall
be punishable by a fine of not less than $25 nor more than $100 for
each separate offense. Each separate act committed in violation of
any provision of this article shall be deemed a separate and additional
offense and violation of this article.
The Town Justice of the Town of Lima shall have jurisdiction
to hear all complaints under this article and of all actions and proceedings
hereunder and for all fines for the violation of this article.
Any person or persons operating a farm located all or partially
within the Village of Lima shall continue to have the right to allow
their dog to patrol their property, as long as said dog is being used
for the protection of the farm property, such as livestock or farm
equipment. However, should the dog become a habitual violator of one
or more of the terms of this article with regard to the surrounding
property owners, the owner of the dog shall then restrict the dog
to his own property as required herein.