[Adopted 9-12-1974 by L.L. No. 1-1974 (Ch. 55 of the 1980 Code)]
[Amended 4-22-1980 by L.L. No. 8-1980]
All dogs, whether licensed or not, shall be subject to the following restrictions:
A. 
No person owning or having the custody and control of a dog shall permit such dog to be at large in the Village of Valatie elsewhere than on the premises of the owner, except if to be on the premises of another person with the knowledge and consent of such person.
B. 
The owner or person having the custody and control of a dog in the Village of Valatie, which is on public or private property, other than that of the owner or the premises of another person, with his knowledge and consent, must completely control or restrain such dog at all times, by means of leashing, or such dog will be presumed to be a dog at large.
[Amended 7-14-1987 by L.L. No. 3-1987]
C. 
The fact that a dog is at large in the Village of Valatie on public or private property other than that of the owner or the premises of another person with his knowledge and consent shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or the person having custody and control of the dog.
D. 
It shall be unlawful for the owner or person having custody and control of any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
[Added 4-22-1980 by L.L. No. 8-1980]
A. 
The Dog Control Officer shall seize any dog which is found at large in violation of this article.
B. 
Every dog seized shall be properly fed and cared for at the expense of the Village until disposition thereof is made as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.
C. 
If 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 serving such owner or an adult member of his family with a notice in writing stating that the dog has been seized and will be destroyed unless redeemed within the period herein provided.
D. 
A dog seized pursuant to this article shall be held as follows: any dog which is not identified, whether or not licensed, shall be held for a period of five days from day of seizure, and any identified dog shall be held for a period of seven days after notice if notice is given personally and nine days after notice if notice is given by mail, as provided in § 117 of the Agriculture and Markets Law. The owner of a dog seized may redeem said dog during these time frames upon payment of the actual costs incurred by the Village for each day that the dog is maintained at the expense of the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 4-22-1980 by L.L. No. 8-1980]
It shall be unlawful for any owner of, or any person owning or having the custody or control of, any dog in the Village of Valatie to permit or allow such dog to:
A. 
Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog.
B. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such a dog.
C. 
Chase or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
D. 
Habitually chase or bark at motor vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A Dog Control Officer, to be designated by the Board of Trustees as provided by § 113 of the Agriculture and Markets Law, may enforce the provisions of this article and may also investigate and report to the Town Justice of the Town of Kinderhook any dangerous dog as described in § 123 of the Agriculture and Markets Law and see that the order or orders of the Town Justice in such case are carried out.
[1]
Editor's Note: Original Sections IV and V, of the 1980 Code, which immediately followed this section, were repealed 4-22-1980 by L.L. No. 8-1980.
[Added 4-22-1980 by L.L. No. 8-1980]
A. 
Any person who observes or has knowledge of a dog violating any provision of this article may file a signed complaint, under oath, with the Dog Control Officer, specifying the objectionable conduct of the dog and the name and address, if known, of the owner or other person harboring said dog.
B. 
Upon receipt by the Dog Control Officer of any such complaint, or in the event that any dog is found by the Dog Control Officer to be in violation of any provision of this article, the Dog Control Officer shall, if possible, seize and take into custody said dog and, in any event, issue or deliver to the owner of said dog an appearance ticket detailing the violations and instructing the owner to appear before the Town Court of the Town of Kinderhook or to answer such appearance ticket, by registered or certified mail, return receipt requested, within five days of the date of such violation. If said appearance ticket is disregarded by such person, the Dog Control Officer or complainant may file an information with said Court, which Court may then issue a warrant for the arrest of such person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 4-22-1980 by L.L. No. 8-1980; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person convicted of a violation of this article shall be punishable as follows: Any person thereafter convicted of a violation of this article shall be punished for a first offense by a fine not to exceed $25; for a second offense by a fine not to exceed $50; and for a third or subsequent offense by a fine not to exceed $75.