"Dog Licensing and Control Law of the Code of the Village of
Rouses Point."
The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population, the protection of persons, property, domestic animals,
and deer from dog attacks and damage, and to protect the health, safety,
and well-being of persons and property by regulating and controlling
the activities of dogs within the Village of Rouses Point.
This chapter is enforced pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of Article 7 of the
Agriculture and Markets Law of the State of New York.
AGRICULTURE AND MARKETS LAW
Agriculture and Markets Law of the State of New York in effect
as of the effective date of this chapter, as amended by this chapter,
and as thereafter amended.
DANGEROUS DOG
A.
Any dog which:
(1)
Without justification attacks a person, companion animal as
defined in § 350 of Article 26 of the Agriculture and Markets
Law, farm animal as defined in § 350 of Article 26 of the
Agriculture and Markets Law, or domestic animal, and causes physical
injury or death; or
(2)
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
(3)
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
B.
Does not include a police work dog, which acts in the manner
described in this definition while such a police dog is being used
to assist one or more law enforcement officers in the performance
of their official duties.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
An individual authorized by the Board of Trustees of the
Village to assist in the enforcement of the provisions of this chapter
and Agriculture and Markets Law of the State of New York as may be
applicable.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A metal tag issued by the Town Clerk which sets forth the
identification number together with the Town of Champlain NY, and
any other information deemed necessary by the Town Clerk.
OWNER
Any person who owns, harbors, keeps, or has custody and control
of a dog which is kept, brought, or comes within the Village. Any
person owning or harboring a dog for a period of one week prior to
the filing of any complaint charging a violation of this chapter shall
be held and deemed to be the owner of such dog. In the event any dog
found to be in violation of this chapter shall be owned by a minor,
the head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of the dog and violation of this chapter.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this chapter. If it cannot be determined in whose name any dog
was last licensed, the owner shall be deemed to be the owner of record
of such dog, except that if the owner is under 18 years of age, the
owner of record shall be deemed to be the parent or guardian of such
person.
PERSON
An individual, partnership, corporation, association, or
other organized group of persons, business entity, municipality, or
other legal entity.
PET DEALER
A person who raises pets for sale, purchases pets for other
than their personal use or enjoyment or sells pets acquired in any
manner; includes pet stores, pet brokers, breeders, and non-incorporated
rescues.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent, and approval of the owner.
TOWN
The Town of Champlain, Clinton County, State of New.
VILLAGE
The Village of Rouses Point, Clinton County, State of New
York.
Any person convicted of a violation of this chapter shall be
liable for a civil penalty of $25 for a first violation, $50 for a
second violation, and $75 for each subsequent violation.
The owner or harborer of any dog so destroyed under the provisions
of this chapter, whether destroyed by the Dog Control Officer, Police
Officer, or released to an authorized SPCA, humane society, or veterinarian,
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of such dog or any other
type of damage.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, ordinances,
rules, and regulations relative to the control and licensing of dogs
within the Village of Rouses Point, and they shall be, upon the effectiveness
of this chapter, null and void.
Pursuant to the New York State Pet Dealer Licensing Law effective
July 1, 2002, anyone that sells or offers to sell nine or more dogs
per year must be licensed as a pet dealer. Also, you must be licensed
if you engage in the sale of more than 25 dogs born or raised on your
premises per year to the public. Anyone providing acceptable proof
that they are engaged in the business of being a dog dealer and are
licensed as a "pet dealer" pursuant to § 26-A of the New
York Agriculture and Markets Law will be subject to an annual inspection
by the Town of Champlain's Dog Control Officer.
This chapter shall be effective immediately upon filing with
the New York State Secretary of State.