The owner of any dog shall be responsible for cleaning up excrement of their animal when elsewhere other than owner's premises.
[Adopted 3-14-2006 by L.L. No. 1-2006]
It shall be the responsibility of every person owning, boarding or otherwise keeping or having custody a dog within the Village of Valatie to immediately remove from any street, sidewalk or other public place or privately owned property (other than the dog owner's property) any defecation made by such dog.
Every person, while walking a dog along a public street, sidewalk or a public place, shall carry with him/her a device commonly known as a "pooper scooper" or such other implements or material that shall be capable of being utilized for the purpose of removing the defecation and carrying the defecation so removed to the premises of the owner of the dog for proper disposal.
The provisions of this article shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability, as defined in Subdivision 21 of § 292 of the Executive Law.
The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in sealed, nonabsorbent, leakproof container. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
In the case that a dog is unattended, information secured by any enforcement officer from a license or tag secured to said dog shall present a rebuttable presumption that the owner identified by such license or tag is the owner or person in charge of said dog.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any Animal Control Officer of the Village of Valatie and/or the Town of Kinderhook or the Code Enforcement Official of the Village of Valatie is hereby authorized and empowered to enforce this article, including by the issuance of appearance tickets. In addition thereto, the Village Board shall have the power to designate such other persons as is deemed necessary to enforce this article.
Any violation of this article shall constitute a violation punishable by a fine or civil penalty of not less than $100 per occurrence, except that if such violation occurs on a playground area of other place of public recreation, then such fine shall not be less than $200.
For a thirty-day period beginning with the filing of this article with the Secretary of State, persons violating this article shall be giving a warning ticket advising them of this article and its requirements. Effective 30 days after filing, appearance tickets as authorized in § 93-18 shall be issued.
This article shall take effect immediately upon being filed with the Secretary of State.