[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 6-1-1992 by L.L. No. 12-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Hunting — See Ch. 206.
A. 
The Board of Trustees finds that the running at large and other uncontrolled behavior of dogs, cats and other domestic animals have caused physical harm to persons, damage to property and created a nuisance within the village.
B. 
The purpose of this chapter 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, cats and other domestic animals and the seizure thereof; also, to enforce the humane treatment of all animals within the village.
This chapter is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law and Article 26 of the Agriculture and Markets Law.
The title of this chapter shall be "Animal Control Law of the Village of Elmsford."
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Any dog, cat or other domestic animal that is unleashed and is on property open to the public or is on private property not owned or leased by the owner of the animal unless permission for such presence has been obtained.
DOG
Any male, female or neutered domestic canine.
DOMESTIC ANIMAL
As used herein, the term "domestic animal" shall have the same definition as provided under New York State Agriculture and Markets Law Section 108 but excluding any farm animal whether or not domesticated.
[Amended 12-6-2021 by L.L. No. 2-2022]
FARM ANIMAL
As used herein, the term "farm animal" shall have the same definition as provided under New York State Agriculture and Markets Law Section 350.
[Added 12-6-2021 by L.L. No. 2-2022]
HARBOR
To provide food or shelter to any dog or domestic animal.
LEASH
A length of material or chain no longer than six feet of sufficient durability to restrain an animal from roaming at large.
OWNER
Any person who harbors or keeps any dog, cat or other domestic animal. In the event that any dog, cat or other domestic animal found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person or the head of the household in which said person resides.
RESPONSIBLE PARTY
Any person owning, harboring, or having custody or control of a dog.
[Added 12-6-2021 by L.L. No. 2-2022]
TETHERING
To restrain a dog by attaching the dog to any object or structure, including, without limitation, a house, tree, fence, post, garage, or shed, by any means, including, without limitation, a chain, rope, cord, leash, or running line. Tethering does not include the use of a leash to walk a dog.
[Added 12-6-2021 by L.L. No. 2-2022]
TORTURE OR CRUELTY
Includes every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted.
WEATHER ALERT
A warning issued by the National Weather Service for heat advisory, frigid weather, snow or ice storm, tornados, tropical storm, high winds or thunderstorms.
[Added 12-6-2021 by L.L. No. 2-2022]
A. 
It shall be unlawful for any owner of any dog over the age of six months to fail to license such dog with the Town of Greenburgh in accordance with the Greenburgh Town Code.
[Amended 5-1-2000; 9-6-2017 by L.L. No. 4-2017]
(1) 
Any person desiring to procure a license shall file a written application with the Village Clerk on New York State forms.
(2) 
In addition to the fees set by the State of New York, the application must be accompanied by an additional local license fee of $10 for each dog license. This local license fee is to be completely retained by the village.
(3) 
There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog or police war dog, as each is defined in Article 7 of the Agriculture and Markets Law.
B. 
It shall be unlawful for any owner of any dog, cat or other domestic animal to permit or allow such dog, cat or other domestic animal, in the Village of Elmsford, to:
(1) 
Be at large. Cats, except when in heat, are exempted from this provision, but must be inoculated against rabies and distemper.
(2) 
Engage in barking, whining, crowing or making any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises. For the purpose of this subsection, "continuously" shall mean constant, without any period of silence that exceeds 30 seconds.
[Amended 9-6-2017 by L.L. No. 4-2017]
(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 animal.
(4) 
Chase or attack any person peacefully conducting himself in any place where such person may lawfully be or chase or attack any animal while such animal is in any place it may lawfully be.
(5) 
Habitually chase, run alongside of or bark at motor vehicles, bicycles or pedestrians.
(6) 
Soil or commit any nuisance on any commonfare or any place where the public congregates or walks, except that one walking or exercising such dog or domestic animal shall be permitted to curb such animal in that portion of the street lying between the curblines. It shall be the duty of any person who so curbs a dog or domestic animal to immediately remove all feces left by such animal, depositing the same directly into an airtight container, which shall then be deposited into a container used for the disposal of refuse. This provision shall not be applicable to a blind person while actually using a guide dog licensed as such pursuant to § 110 of the Agriculture and Markets Law. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
C. 
It shall be unlawful for any owner of any dog, cat or other domestic animal to:
(1) 
Permit the premises, structure or enclosures in which a dog, cat or other domestic animal is kept to be so unclean or unsanitary as to create a public nuisance or a health hazard to the animal itself.
(2) 
Keep any domestic animal without daily feeding and watering the same and providing adequate shelter from the elements.
Pursuant to Article 26 of the Agriculture and Markets Law, it shall be unlawful for any person in the Village of Elmsford, by act, omission or neglect, to cause or permit torture or cruelty to be visited upon any animal in the village.
A. 
The Animal Control Officer of the Village of Elmsford shall be such person or persons as the Board of Trustees of the Village of Elmsford may from time to time appoint or contract for.
B. 
The Animal Control Officer shall, in addition to any other duties imposed by the Agriculture and Markets Law on Dog Control Officers, have the authority to enforce the Animal Control Law of the Village of Elmsford.
A. 
Summons; conviction.
(1) 
Any person found in violation of this chapter shall be issued a summons, and, in cases of alleged torture or cruelty to animals, it shall be discretionary with the court to exercise its equitable powers for humanitarian purposes such that any animal victimized by torture or cruelty may be seized and impounded where necessary humane and veterinary care may be rendered to it.
(2) 
Any person convicted of torture or cruelty to an animal shall be required to pay, in addition to the mandatory fine, the cost of veterinary care required by that person's acts or omissions.
(3) 
If any person convicted of torture or cruelty to an animal is the owner of that animal, it shall be discretionary with the court whether such animal shall be returned to said person so convicted or released to the care of a shelter or humane society for adoption.
B. 
If any dog, cat or other domestic animal is found in violation of the provisions of § 89-5 of this chapter, a summons shall be issued to its owner, and said dog, cat or other domestic animal may also be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law. The Animal Control Officer shall make reasonable attempts to locate and notify the owner of a seized animal prior to impounding it at any shelter.
C. 
If the Animal Control Officer, after making reasonable attempts to locate the owner of a dog, cat or other domestic animal pursuant to Subsection B herein, fails to locate such owner, the animal shall be taken to a shelter designated by the Board of Trustees, and attempts will again be made to notify the owner of record of such animal, personally or by certified mail, return receipt requested, of the seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of seven days after the day of notice, during which period the animal may be redeemed by the owner. If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner.
D. 
Every dog, cat or other domestic animal seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.
E. 
Seized dogs may be redeemed by first obtaining proof of licensing or a license from the Village Clerk and then producing the proof of licensing at a shelter designated by the Village Board pursuant to the provisions of Article 7 of the Agriculture and Markets Law for all seized animals and paying an impoundment fee of $10 for the first impoundment, $20 for the second impoundment plus $3 per day, and a fee of $30 for the third and subsequent impoundments plus $3 per day, to be forwarded to the village pursuant to § 118, Subdivision 4, of said article.
F. 
If the owner of any unredeemed animal is known, such owner shall be required to pay the impoundment fees, whether or not such owner chooses to redeem his or her animal.
G. 
The owner of any dog seized and impounded pursuant to § 121, entitled "Dangerous dogs," of the New York State Agriculture and Markets Law shall be required to reimburse any pound or shelter under contract with the village for the purpose of providing care and maintenance for captured dogs, when any such dog is maintained by the shelter for a period of more than 14 days and shall be required regardless of the ultimate disposition of the case by the Village Justice.
Any person who observes any person, dog, cat or other domestic animal in violation of this chapter may file a complaint under oath with a Justice of the Village of Elmsford specifying the nature of the violation, the date thereof, a description of the dog, cat or other domestic animal and the name and residence, if known, of the owner of such animal. Such complaint may serve as the basis for enforcing the provisions of this chapter.
[Amended 11-6-2000 by L.L. No. 7-2000]
Any Animal Control Officer, police officer or Building Inspector in the employ of or under contract to the Village of Elmsford observing a violation of this chapter in his or her presence may issue and serve an appearance ticket for such violation or take any other such action as provided for in the Agriculture and Markets Law.
[Amended 12-6-2021 by L.L. No. 2-2022]
A. 
Each and every violation of this chapter except with respect to tethering of dogs under § 89-13 below, shall be punishable by a fine of not more than $50 for the first offense.
B. 
After an individual has been convicted of a violation of any provision of this chapter except with respect to tethering of dogs under § 89-13 below, any subsequent conviction for a violation of any provision of this chapter other than with respect to tethering as provided in § 89-13 below shall be punishable by a fine of not less than $50 nor more than $250 and/or imprisonment for not more than 15 days.
C. 
For the purpose of determining a violation of this chapter, the prior conduct of the person, dog, cat or other domestic animal shall be admissible, whether or not such conduct has resulted in an individual's being convicted of a violation of this chapter or any other law or ordinance applicable thereto.
D. 
Notwithstanding anything herein to the contrary, any violation of § 228-3E of this Code pertaining to noise generated by animals shall constitute a separate and distinct offense.
[Added 12-6-2021 by L.L. No. 2-2022]
A. 
Notwithstanding anything in this Chapter 89 to the contrary, no person shall keep, harbor, or shelter any farm animal, including, without limitation, any chicken or rooster, within the Village of Elmsford.
B. 
In addition to the applicable penalties provided in § 89-11 of this chapter, the owner or occupant of property on which any farm animal, including, without limitation, any chicken and/or rooster, may be found shall be responsible at its sole cost and expense to remove said chicken and/or rooster from the property within 24 hours of the issuance of a violation therefore. Each day that a violation shall continue shall constitute a separate offense.
C. 
Any farm animals, including, but not limited to, any chickens or roosters, as may be located in the Village of Elmsford at the time of the adoption of this law shall be removed permanently from the Village within 60 days of the effective date hereof.
[Added 12-6-2021 by L.L. No. 2-2022]
A. 
It shall be unlawful for any responsible party to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that:
(1) 
Endangers such dog's health, safety or well-being;
(2) 
Restricts such dog's access to suitable and sufficient food and water;
(3) 
Does not provide the dog with shelter appropriate to its breed, physical condition, and the climate as defined by Section 353-b of the New York State Agriculture and Markets Law; or
(4) 
Unreasonably limits the movement of such dog because the tether is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink and lie down.
B. 
Notwithstanding the provisions of Subsection A of this section, no responsible party shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
(1) 
Is a choke collar, pinch collar, or similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog, which may cause choking or causes substantial discomfort to the dog;
(2) 
Is embedded, partially embedded or may become embedded in such dog's skin;
(3) 
Has weights attached or contains links that are more than 1/4 inch thick;
(4) 
Weighs more than 12.5% of the dog's total body weight, not to exceed 15 pounds for any dog;
(5) 
Is less than 10 feet in length for a running cable trolley and 15 feet in length for a tether to a stationary object, but in no event shall the tether be long enough to allow the dog to move outside the responsible party's property;
(6) 
Because of its design or placement, the tether is likely to become entangled;
(7) 
Would allow the restrained dog to move over an object or edge that could result in the strangulation of or injury to such dog.
C. 
Notwithstanding the provisions of Subsection A of this section, no responsible party shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors if the dog is:
(1) 
Less than six months of age;
(2) 
Sick or injured; or
(3) 
A nursing mother whose offspring is present.
D. 
Multiple dogs shall not be tethered or restrained in such a manner that the dogs are able to come in contact with one another at any point while restrained.
E. 
Notwithstanding the provisions of Subsection A of this section, a dog may be tethered outside for a maximum of 12 hours in any twenty-four-hour period, except that a dog may not be tethered outside when the National Weather Service has issued a weather alert.
F. 
Tethered dogs must be free of cruel conditions or inhumane tethering at any time. For purposes of this section, "cruel conditions or inhumane tethering" shall include the following:
(1) 
Exposure to animal waste, garbage, noxious odors or objects that could injure or kill a dog;
(2) 
Exposure to taunting, prodding, provoking, hitting, harassing, threatening or otherwise harming a tethered or confined dog;
(3) 
Exposing a dog to dangerous conditions, including potential attacks by other animals.
G. 
Nothing in this article shall be construed to affect any other protections offered to dogs under any other provision of law, including, but not limited to, the requirements of adequate shelter pursuant to Section 355-b of the New York State Agriculture and Markets Law.
[Added 12-6-2021 by L.L. No. 2-2022]
Notwithstanding § 89-11 to the contrary, each and every violation this § 89-13 shall be subject to the following:
A. 
A responsible party who is found to have violated the provisions of this § 89-13 shall, for a first offense, be guilty of a violation punishable by a fine no more than $250 and/or an educational component at the court's discretion, provided that such responsible party shall be issued a written warning instead of a fine for such first offense where the dog was not injured as a result of being restrained in violation of this § 89-13.
B. 
A responsible party who is found to have violated the provisions of this § 89-13 a second time within a twelve-month period shall be guilty of a violation punishable by a fine no more than $500 and/or 50 hours of community service, plus reimbursement of investigation costs.
C. 
A responsible party who is found to have violated the provisions of this § 89-13 a third time within a continuous twelve-month period starting from the first offense shall be guilty of a violation punishable by a fine no more than $1,000 and/or 100 hours of community service, plus surrender of the dog if so directed by the court, plus reimbursement for investigations costs.
D. 
Violations of this § 89-13 may be supported by evidence, including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.