[Adopted 4-14-1998 by L.L. No. 1-1998[1]]
[1]
Editor's Note: This local law superseded former Art. II, Dog Control, adopted 5-11-1982 by L.L. No. 1-1982.
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 or DOGS
Both male and female dogs.
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.
No dog shall:
A. 
Be permitted to run at large within the Village of Lima unless it is accompanied by an adult or by a minor who is able to restrain and control said dog and such person accompanying said dog shall actually and effectively control and restrain said dog by some suitable device, including voice control designed and used for that purpose. A harness worn by a guide dog for the blind or hearing-impaired shall be deemed to be a suitable leash hereunder. If the dog is tethered on the owner's property, said tether shall be of sufficient strength to control the dog and no longer than the distance from the point of tethering to the owner's closest property line.
B. 
Engage in habitual loud howling or barking or conduct itself in such manner as to consistently annoy any person.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of any person, including upsetting and strewing of garbage.
D. 
Bite, chase, jump on or otherwise harass any person in such a manner as to intimidate or cause a person to fear bodily harm or injury.
E. 
Habitually chase motor vehicles, bicycles or pedestrians.
F. 
Kill or injure any other dog or other domestic or farm animal.
G. 
Run together in a pack or in any way forming a pack of dogs. For the purposes of this article, the word "pack" is hereby defined to mean three or more dogs.
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. 
The Dog Control Officer of the Village of Lima, or any law enforcement officer, shall seize any dog which is found at large and is in violation of this article.
B. 
Upon the receipt of a written complaint from a property owner or resident stating that a dog has been permitted to be at large on said owner's or resident's property or that a dog has been permitted to be at large on public property, the peace officer or Dog Control Officer shall seize said dog if in violation of this article.
A. 
Every dog seized shall be properly fed and cared for by the Village of Lima until disposition thereof can be made as herein provided.
B. 
In the event that the dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice by personally delivering to such owner or adult member of the family a written notice stating that the dog has been received, and that the dog will be destroyed unless redeemed within the period hereinafter provided. In the event that personal delivery of such notice is impractical, the Dog Control Officer may notify such owner by service of such notice by certified mail, return receipt requested together with an uncertified duplicate copy of said notice sent to such owner by prepaid regular mail.
C. 
The owner of the dog seized shall redeem the dog within three days of service of such notice by paying to the Village Clerk the cost of confinement of the dog at the daily rate to be set by the Village Board, which sum may be modified from time to time by resolution of the Village Board.
D. 
If any dog so seized is not redeemed within the time hereinafter set forth, the owner shall forfeit all title to the dog, and the dog shall be made available for adoption or euthanized.
E. 
The owner, possessor or harborer of any dog destroyed or sold 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.
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.