[HISTORY: Adopted by the Board of Trustees of the Village
of Avon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-3-1985 by L.L. No. 14-1985]
A.
No person shall permit, keep or maintain sheep, horses, cows, goats,
skunks, pigs, foxes, poultry, chickens, ducks, geese or any other
animal or fowl, except animals commonly used or known as "household
pets," such as cats, dogs, birds, fish and the like, in any building
or on any property within the Village of Avon, except in the Agricultural
District and except that horses may continue to be kept, subject to
the provisions of this article, if they were kept prior to the date
of the adoption of this article.
Except as otherwise provided in this article, use of land for
keeping horses existing at the date of the adoption of this article
may be continued although such use does not conform to the regulations
specified by this article; provided, however:
In all zoning districts, except the Agricultural District, wherever
horses had been kept prior to the date of the adoption of this article
and horses are not kept on the premises for a period of one year,
horses shall not thereafter be kept on the premises. Such discontinuance
of the active and continuous keeping of horses for such period of
one year is hereby construed and considered to be an abandonment of
such use, regardless of any reservation of an intent not to abandon
same or an intent to resume active horse keeping. If actual abandonment
in fact is evidenced by removal of stables, structures, machinery,
equipment and other evidence of horse keeping on the land and premises,
the abandonment shall be construed and considered to be completed
and all rights to reestablish or continue horse keeping shall thereupon
terminate.
A.
No person owning or having in his possession or under his control
any horses, cattle, fowl or other animals shall permit them or any
of them to run at large in the Village of Avon or hitch such horse
or other animal to any shade tree in the streets or public places
in this Village.
[Amended 6-15-1998 by L.L. No. 4-1998]
The police officers and Dog Control Officer of the Village and
any other dog control officer or law enforcement officer are hereby
authorized to seize and confine any animals or fowl not under restraint
in the Village. If the owner or other person entitled to the custody
of such fowl or animal fails to pay the cost of receiving and confining
such fowl or animal within two days of seizure, the Chief of Police
shall sell such fowl or animal, except for farm animals, which shall
be dealt with as provided by the Agriculture and Markets Law of the
State of New York. Notice of time and place of sale shall be given
by posting the same conspicuously in at least three public places
in the Village of Avon at least 24 hours before the time of sale.
[Amended 6-15-1998 by L.L. No. 4-1998]
For each fowl or animal, except dogs, seized and confined in
pursuance of the provision of the foregoing subsection, the person
redeeming the same shall pay to the Chief of Police the following
fees:
The Chief of Police upon receiving the fees shall immediately
pay the same over to the Village Clerk and thereupon deliver such
fowl or animal to the owner thereof. In the case of the sale of such
fowl or animal, the Chief of Police shall immediately pay the proceeds
of the sale to the Village Clerk; the Village Clerk shall deduct therefrom
and pay into the general fundfor the Village the fees for receiving
and the expenses of keeping such fowl or animal and the expenses of
the sale. The Village Clerk shall keep the balance of such proceeds
of sale and pay the same to the owner of such fowl or animal if applied
for within six months from the time when the same shall have been
received, and if not applied for within the six months aforesaid,
the said Village Clerk shall pay the same into the general fund of
the Village.
No person shall rescue or take away from the custody of any
person delivering or taking any such fowl or animal for the purpose
of impounding or keeping the same under the foregoing provisions or
obstruct, intimidate or interfere in any manner with any such person.
No person shall permit any horse in his or her custody or control
to stand or remain in any street or public place in the Village without
causing the same to be securely fastened or leaving the same in the
care and control of some responsible person able to control it and
who does control it.
Keeping of bees for any purpose whatever shall be prohibited
in the Village of Avon.
[Adopted by L.L. No. 4-1982]
This article shall be known as "Dog Control."
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Avon, including
the protection and preservation of the property of the Village and
its inhabitants and of the peace and good order, by adopting and enforcing
certain regulations and restrictions on the privileges of the owners
of dogs and the rights and privileges of the residents upon the keeping
and running at large of dogs within the Village of Avon.
For the purpose of this article, the following definitions shall
apply:
A dog not under restraint.
Both male and female dogs unless the context requires otherwise.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the care, custody and control of the minor's parents or other
head of the household where the minor resides.
A dog is "under restraint" within the meaning of this article
if it is licensed and controlled by a leash or chain, is accompanied
by its owner or responsible person able to control it by command and
who does so control it, is in a driven or parked vehicle or is physically
contained within a securely fenced or other area.
It shall be unlawful for any owner of a dog or dogs to permit
such dog or dogs to be at large in the Village of Avon. Each dog owned
by the same owner, regardless of its identity, and found to be at
large in violation of this section shall constitute a separate offense
by the owner under this section and for purposes of the imposition
of penalties pursuant to § 52-24 of this article.
It shall be unlawful in the Village for the owner of any female
dog to permit the dog off the premises of the owner while such dog
is in heat.
It shall be unlawful for any owner of a dog in the Village to
permit or allow such dog to bite, chase, jump upon or otherwise harass
any person in such a manner as reasonably to cause intimidation or
to put such person in reasonable apprehension of bodily harm or injury.
It shall be unlawful for any owner of a dog in the Village to
permit or allow such dog to cause damage or destruction to property
or commit a nuisance upon the premises of a person other than the
owner of such dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any owner or other person harboring
any dog to permit or allow such dog, while in the Village of Avon,
to habitually chase or bark at motor vehicles, bicycles or pedestrians,
or kill or injure any dog, cat or other domestic or farm animal.
[Amended 6-15-1998 by L.L. No. 4-1998]
A.
The Dog Control Officer, law enforcement officer or any authorized
officer, agent or employee of an incorporated humane society or similar
incorporated dog protective association under contract with the Village
of Avon is authorized by the Village Board of Trustees to bring an
action against any person who has committed a violation of this article
within the Village of Avon and to assist in the enforcement of this
article. The Dog Control Officer or law enforcement officer shall
be authorized to draw any information and obtain supporting affidavits
for submission to the Village Justice Court.
B.
The Dog Control Officer shall have such other and further powers
and duties as are set forth in Article 7 of the Agriculture and Markets
Law of the State of New York, as amended, and may also make a complaint
to a Village Justice of any dangerous dog as described in Article
7 of the Agriculture and Markets Law, as amended, and shall enforce
any order of the Village Justice in such case.
A.
Seizure.
[Amended 6-15-1998 by L.L. No. 4-1998]
(1)
Any Dog Control Officer, law enforcement officer or authorized officer
under contract with the Village of Avon shall seize any dog which
is not licensed, whether on or off the owner's premises.
(2)
Any Dog Control Officer, law enforcement officer or authorized officer
under contract with the Village of Avon may seize any dog in violation
of any of the provisions of this article.
(3)
Each dog seized in accordance with the provisions of this section
shall be taken to and confined at a facility where it will be properly
sheltered, fed and watered for the redemption period as hereinafter
provided.
(4)
In the event any dog seized does not bear a license tag and the owner
is unknown, the Dog Control Officer, law enforcement officer or other
authorized officer shall be authorized to destroy the dog seven days
after seizure or to dispose of the dog by sale or adoption unless
the owner redeems the dog or demands a trial within seven days of
seizure.
(5)
In the event any dog seized bears a license tag or can be otherwise
identified, the Dog Control Officer, law enforcement officer or other
authorized officer must attempt to notify the owner. If such notification
is given personally, the dog will be held seven days after such notice
before it is destroyed. If notice is given by certified mail, the
dog will be held for a period of nine days from the date of mailing.
B.
Redemption. If a dog is to be redeemed, the owner shall pay the Village
Clerk a seizure fee of $10, plus the cost incurred by the Village
for the care of the dog while confined. The owner must show proof
that the dog has been licensed before the dog may be redeemed.
[Amended 6-15-1998 by L.L. No. 4-1998]
C.
Trial procedure. In the event that the owner of a dog demands, in
writing, a trial, he shall post bail of $25 and pay the cost incurred
by the Village for the care of the dog during confinement. The Dog
Control Officer, law enforcement officer or other authorized officer
shall immediately proceed to file any information with a Village Justice
so that the matter will appear on the docket of the Village Justice
Court as soon as possible. The rules of procedure and as to proof
applicable in criminal actions shall apply.
[Amended 6-15-1998 by L.L. No. 4-1998]
D.
Forfeiture of title to dog. If an impounded dog is not redeemed or
a trial demanded within the time periods hereinbefore set forth, the
owner shall forfeit title to the dog and it may thereafter be sold
by the Village or destroyed by the appropriate officials hereinafter
provided.
E.
Sale of impounded dog. The Dog Control Officer is hereby authorized
to sell any dog impounded at such price as he shall determine to be
fair and shall deposit such sum in the general fund of the Village.
The Village shall keep a record of all sales and such record shall
be open to the public. Such records shall be kept for one year.
F.
Dogs destroyed. In the event it becomes necessary to destroy a dog,
the Dog Control Officer, law enforcement officer or other authorized
officer shall arrange through a veterinarian or county dog warden
for the destruction of the dog, cause the carcass to be disposed of
and make a report in writing of such destruction to the Village Clerk.
The owner of the dog destroyed shall be charged for the expense of
destroying the dog.
G.
Dangerous dog. If, any time in the determination of the court, the
Dog Control Officer, law enforcement officer or other authorized officer,
a dog cannot be safely restrained or is an immediate threat to the
safety of the Dog Control Officer, law enforcement officer or other
authorized officer, the dog may be immediately destroyed in the most
humane manner available.
H.
No compensation for dogs destroyed. No owner of any dog destroyed
under the provisions of this article or any other person shall be
entitled to any compensation for the value of the dog.
Any person who observes a dog violating this law in any manner
in the Village of Avon may file a signed complaint, under oath, with
the Village Justice or Dog Control Officer, specifying the specific
violation, the date thereof, the damage caused, if any, a description
of the dog, and name and residence, if known, of the owner or other
person harboring such dog.
Upon receipt by the Village Justice of any complaint, in writing,
the Village Justice must summon the alleged owner to appear in person
before him. If the summons is disregarded, the Village Justice must
permit the filing of an information and issue a warrant for the arrest
of such person or enter a default judgment against the alleged owner.
[Amended 6-15-1998 by L.L. No. 4-1998]
The violation of this article shall be punishable as follows:
A.
There shall be a maximum fine of $25 for the first violation of this
article.
B.
There shall be a fine of not less than $25 or more than $50 for a
second violation of this article.
C.
There shall be a fine of not less than $50 or more than $100 for
a third violation of this article.
D.
For the fourth violation and each subsequent violation, there shall
be a fine of not less than $50 or more than $150.
