[HISTORY: Adopted by the Board of Trustees of the Village of Wampsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-2014 by L.L. No. 1-2014]
The raising or harboring of livestock, including horses, cattle, hogs, fowl or fur-bearing animals, is prohibited within the Village, except upon a farm operation located in an agricultural district as defined in Article 25AA of the New York Agriculture and Markets Law. Common household pets are exempt from this prohibition, provided that there are not more than four cats and/or four dogs over 10 months old upon the premises.
A. 
Licensed veterinarians and their care facilities are exempt and excluded from this § 103-2.
The Animal Control Officer is any individual appointed by the municipality to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog-protection association under contract with a municipality to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
A. 
This article shall be applicable whenever a horse is ridden or led upon any highway and upon private roads open to public motor vehicle traffic.
B. 
Riding on roadways, shoulders and horse paths.
(1) 
Upon all roadways, horses shall be ridden or led either near the right hand curb or edge of the roadway or upon a usable right-hand shoulder, lane or path in such manner as to prevent undue interference with the flow of traffic.
(2) 
Persons riding or leading horses upon said roadway shall do so single file.
(3) 
Any person who is entering the roadway while riding or leading a horse shall bring the horse to a full stop before entering the roadway.
C. 
No person riding or leading a horse shall carry any package, bundle, or article which prevents such person from keeping at least one hand upon the reins.
D. 
No person shall ride or lead a horse upon a roadway 1/2 hour after sunset to 1/2 hour before sunrise. The provisions of this section shall not apply to horse-drawn carriages or carts or police officers, peace officers or park rangers mounted on horseback.
E. 
Persons riding a horse under the age of 14 shall wear helmets in accordance to Article 34-B of the New York State Vehicle and Traffic Law.
F. 
Horse-drawn carriages or carts shall conform to New York State Vehicle and Traffic Law § 100-d, Subdivision 36(b) of § 375, and Subdivision 1(a) of § 376, , and amendments or changes thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Purpose. The purpose of the provisions of this article is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon keeping or running at large of dogs and the seizure thereof within the Village.
B. 
Statutory authority. This article is enacted pursuant to the provision of Article 7, § 122, of the New York Agriculture and Markets Law.
C. 
Licensing. All dogs shall be licensed and receive their shots in accordance to the New York Agriculture and Markets Laws and Chapter 38, Animals, Article III, Dog Control, of the Code of the Town of Lenox.
D. 
Nuisances. It shall be unlawful for any owner of any dog to permit or allow such dog to:
(1) 
Be at large.
(a) 
A dog is not considered at large if it is a police work dog in use for police work.
(2) 
Engage in habitual loud howling, barking, crying, or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person. For the purposes of this article, the term "habitual loud howling, barking, crying, or whining" shall be defined as a dog barking, whining, etc., for repeated intervals of at least 10 minutes with less than four minutes of interruption, which can be heard by any person, including a law enforcement officer or dog control officer, from a location outside of the owner's or caretaker's premises.
(3) 
Cause damage to personal property.
(4) 
Persistently bark, chase, growl, or snarl at pedestrians who are using the sidewalks while the dog is on the property of the owner or harborer.
(5) 
Be in the habit of chasing or barking at automobiles.
E. 
Dog wastes. The owner of every dog shall be responsible for the removal of any excreta deposited by his dog on public walks, recreation areas, or another's private property, within each 24-hour period.
F. 
Domestic dogs at large. No owner or person having the care of any domestic dog shall permit or suffer the same of any of them to go at large on any street, public ground, park, or square of this Village.
G. 
Dog care, treatment, etc., generally.
(1) 
No owner shall fail to provide their dog with sufficient good and wholesome food, water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.
(2) 
No owner of a dog shall abandon such dog.
H. 
Restraining or confining dogs.
(1) 
Off-premises. No dog shall be permitted at any time to be on any street or in any public park or public place or public building or upon any area other than the premises of the owner of the dog or of the person harboring the dog in the Village of Wampsville, unless effectively restrained by a hand chain or hand leash not exceeding 10 feet in length and in the charge and under the control of a competent person capable of maintaining control of the dog.
(2) 
On premises. No dog shall be permitted at any time to be on the premises of the owner of the dog or of the person owning the dog unless the dog is effectively prevented from leaving said premises by means of a fence, effective invisible or wireless fence or by means of being connected to a chain or leash or wire of any length; provided, however, that said dog on said chain, leash or wire cannot travel beyond the boundaries of the property of the owner or person harboring the dog, it being the intention of this Subsection H(2) that the dog may run freely upon the property of the owner or person harboring the dog, controlled either by a type of fence or chain, leash or wire.
(3) 
Hunting. A dog is considered restrained if accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on un-posted land or on posted land with the permission of the owner of the land.
(4) 
Law or military enforcement. A dog in the service and in official capacity of the military or a law enforcement agency is exempt from this article of law.
I. 
Dangerous dogs. No person shall own or harbor any dangerous dog or any dog which shall attack or attempt to bite any person peaceably passing along the street, lane, park or walk of the Village or any place the person may legally be. (State law reference: Dangerous dogs, Agriculture and Markets Law § 123, Dangerous dogs.)
J. 
Duty of operators of vehicles which strike dogs. Any person, who as the operator of a motor vehicle, strikes a pet or domestic dog shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the dog's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.
A. 
Prohibited exotic animals.
(1) 
The following live animals are strictly prohibited in the Village of Wampsville:
(a) 
Nonhuman primates and prosimians;
(b) 
Felidae (with the exception of domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids thereof;
(c) 
Canidae (with the exception of domesticated dogs and fennec foxes (vulpes zerda));
(d) 
Ursidae;
(e) 
All reptiles that are venomous by nature, pursuant to department regulation, and the following species and families: Burmese python (Python m. bivittatus), reticulated python (Python reticulatus), African rock python (Python sabae), green anaconda (Eunectes maurinus), yellow anaconda (Eunectes notaeus), Australian amethystine python (Morelia amethistina kinhorni), Indian python (Python molurus), Asiatic (water) monitor (V. salvator), Nile Monitor (V. nilocitus), white throat monitor (V. albigularus), black throat monitor (V. albigularus ionides) and crocodile monitor (V. salvadori), and any hybrid thereof;
(f) 
Crocodilia;
(g) 
All wild game;
(h) 
All federal and New York State protected birds;
(i) 
All federal and New York State protected fishes.
(2) 
This section shall not apply to the following persons or entities:
(a) 
Zoological facilities;
(b) 
Exhibitors licensed pursuant to the Animal Welfare Act, 7 U.S.C. §§ 2132-2134;
(c) 
Research facilities as defined under Animal Welfare Act, 7 U.S.C. § 2132(E);
(d) 
Licensed veterinarians, licensed animal shelters;
(e) 
Licensed wildlife rehabilitators.
A. 
Violation. Except as provided in Subsection B below, a violation of any provision of this article shall be deemed an offense punishable upon conviction of admission by a fine of not less than $50 and not to exceed $250 per violation.
B. 
Habitual violation. Any person convicted of three or more violations of this article within a one-year period shall be guilty of an aggravated violation punishable upon conviction or admission by a fine not less than $500 and not to exceed $1,000 per violation, or imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.