[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-3-1985 as Ch. 54 of the 1985 Code]
This article shall be known and may be cited
as the "Dog Control Law of the Village of Minoa, New York."
A.
AT LARGE
(1)
(2)
(3)
(4)
(5)
DOG
OWNER
As used in this article, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following terms shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A guide dog actually leading a blind person;
A police work dog in use for police work;
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land;
A hearing dog aiding a hearing-impaired person;
or
[Added 3-20-2000 by L.L.
No. 1-2000]
A service dog aiding a person with a disability.
[Added 3-20-2000 by L.L.
No. 1-2000]
Any member of the species Canis familiaris.
[1]Any person who harbors or keeps any dog.
[1]
Editor's Note: The former definition of "Dog
Control Officer," which immediately followed this definition, was
repealed 3-20-2000 by L.L. No. 1-2000.
B.
All other words and phrases used in this article shall,
for the purpose of this article, have the meanings respectively ascribed
to them by § 108 of the Agriculture and Markets Law.
The purpose of this article is to preserve the
public peace and good order in the village and to contribute to the
public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of other residents of
the village.
An animal control officer may be appointed or
designated by the village to enforce this article who shall have all
the powers and duties contained in § 114 of the Agriculture
and Markets Law.
[Amended 3-20-2000 by L.L. No. 1-2000]
The seizure of dogs pursuant to this article,
the redemption period, fees for impoundment, notice of seizure and
other procedures for the disposition of dogs is governed by § 118
of the Agriculture and Markets Law, except that the minimum redemption
fee shall be in such amount as from time to time shall be established
by resolution of the Village Board of the Village of Minoa.[1]
No household shall harbor or maintain more than two dogs over six months of age on said household's premises unless lawfully operating a kennel as provided in Chapter 160.
Any person owning, harboring or having the care,
custody or charge of any dog shall house or confine the dog to prevent
disturbance of persons residing in the neighborhood by unreasonably
loud or disturbing noise of such an intensity and duration as to be
detrimental to or a threat to the life, health or welfare of any individual,
and the violation hereof is prohibited and is a public nuisance. The
provisions of this section shall be liberally construed to prevent
excessive, unreasonable, disturbing and unnecessary noise; due consideration
shall be given to the circumstance, time of day, particular location
of each violation and the demands of the public health, safety and
welfare.
[Amended 3-20-2000 by L.L. No. 1-2000]
The animal control officer, any police officer
of the Town of Manlius Police Department and any other peace officer
authorized by the village to assist in the enforcement of this article
and Article 7 of the Agriculture and Markets Law shall have the authority
to issue an appearance ticket, pursuant to the Criminal Procedure
Law.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any person who violates any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113.
[Adopted 5-18-1993 by L.L. No. 1-1993 (Ch. 56 of the 1985
Code)]
As used in this article, the following terms
shall have the following meanings:
Domestic animals and exotic animals, as defined below.
[1]Off the premises of the owner; provided, however, with regard to dogs, the term "at large" shall have the meaning set forth in § 42-2A above.
[Amended 3-20-2000 by L.L. No. 1-2000]
Pets and farm animals, including but not limited to domesticated
cats, dogs, rabbits, sheep, horses, cattle, goats, swine, fowl, ducks,
geese, turkeys and chicken.
Any mammal, bird or reptile that has now been domesticated
or must be caged or restrained or which is classified by the State
of New York Department of Environmental Conservation as "dangerous
wildlife."
Any person owning, keeping, harboring, feeding, boarding
or having the care, custody or control of any domestic animal or exotic
animal, and, when such owner shall be a child under the age of 18
years, the parent(s) or guardians of such child shall be deemed to
be the owner of such domestic animal or exotic animal for all purposes
of this article.
[1]
Editor's Note: The former definition of "animal
control officer," which immediately followed this definition, was
repealed 3-20-2000 by L.L. No. 1-2000.
A.
No person shall keep, suffer or permit to be kept,
either on or off the premises of the owner or person having control
of such animal, any animal which, by its continual barking, howling
or whining or other frequent or long-continued noise or behavior,
shall cause annoyance or discomfort to a reasonable person of normal
sensitiveness.
B.
No person who owns or has control of any animal shall
permit or suffer such animal to run at large or to damage or destroy
property of any kind of another person; to attack or bite or injure
any person peaceably conducting himself in any place where such person
may lawfully be; or to attack, chase, injure or kill another animal
of another person when such other animal is in any place where it
may lawfully be. For the purposes hereof, when any animal is in violation
of the provisions of this article, the owner or person in control
of such animal shall be deemed to have permitted or suffered the animal
to have committed such violation.
C.
No owner shall keep or suffer to be kept a dog in
the habit of continually chasing or barking at automobiles, bicycles
or moving vehicles.
D.
No owner shall keep or suffer to be kept any animal
which commits a nuisance in a public highway, public building, public
park or on any private property except with the consent of the owner
of the property thereof.
E.
No owner shall keep or suffer to be kept any animal
which continually runs at large with a pack of other similar animals
or chases other animals or persons.
F.
No owner shall permit a female domestic animal which
is in heat to run at large or permit conditions to exist in which
male domestic animals are attracted to the premises of the owner of
female domestic animals in heat, where such attraction causes a nuisance
to adjoining property owners.
G.
No owner shall permit the premises, structure or enclosure
in which such animal is kept to be unclean or unsanitary.
H.
No owner shall permit an animal to deposit excrement
or urine on the property of another without the prior approval of
the owner of such property.
I.
No owner shall permit an animal to deposit urine or
excrement on the property of the Village of Minoa, including but not
limited to any sidewalk, street, park, playground or parking lot,
unless such waste is immediately removed and properly disposed of.[1]
[1]
Editor's Note: Former Subsection J, regarding
rabies vaccination, which immediately followed this subsection, was
repealed 3-20-2000 by L.L. No. 1-2000.
A.
The animal control officer or any police officer shall
seize any animal found to be in violation of this article.
B.
Each animal seized in accordance with the provisions
of this article shall be properly sheltered, fed and watered for the
redemption period as hereinafter provided.
C.
Each animal which is not wearing evidence that it has been licensed by the Village of Minoa shall be held for a period of three days from the date seized, during which period the animal may be redeemed by its owner, provided that such owner produces proof that the animal has been licensed in the Village of Minoa, if such animal is required to be so licensed in the village, and further provided that the owner pays to the Village Clerk the redemption fee set forth in Subsection E below.
D.
Upon seizure of any animal wearing evidence that it has been licensed by the Village of Minoa, the owner of record of such animal, as such owner appears on the records of the Village Clerk, shall be promptly notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of three days after the date the notice is personally served, 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 seven days from the date of mailing, during which period the animal may be redeemed by the owner. In either case, the owner may redeem such animal during such period upon payment to the Village Clerk of the redemption fee prescribed by Subsection E below and by producing proof, if the animal is required to be licensed in the Village of Minoa, that the animal has a current license.
E.
The redemption fee shall be in such amount as from
time to time shall be established by resolution of the Village Board
of the Village of Minoa.
[Amended 3-20-2000 by L.L. No. 1-2000]
F.
An owner shall forfeit title to any animal unredeemed
at the expiration of the appropriate redemption period, and the animal
shall then be made available for adoption, or euthanized subject to
the provisions of Subdivisions 2-a, 2-b, 2-c and 2-d of § 374
of the New York Agriculture and Markets Law; provided, however, that
no animal in the custody of a pound or shelter shall be delivered
for adoption unless it has been licensed pursuant to the requirements,
if any, of this Code prior to its release from the custody of a pound
or shelter.
[Amended 3-20-2000 by L.L. No. 1-2000]
G.
The seizure of any animal shall not relieve the owner
from any penalty for a violation provided for by this article or any
other provision of this Code.
[Amended 3-20-2000 by L.L. No. 1-2000]
H.
No liability in damages or otherwise shall be incurred
by the Village of Minoa or any animal control officer, peace officer
or operator of the location of where the animal is impounded on account
of the seizure, euthanization or adoption of any animal pursuant to
the provisions of this article.
The owner of any animal which has attacked or
injured another person or animal contrary to the provisions of this
article shall confine such animal for such length of time as may be
directed by the animal control officer for the purpose of determining
whether such animal is affected by rabies and, if so affected, such
animal shall be destroyed under the direction of the animal control
officer.
[Amended 3-20-2000 by L.L. No. 1-2000]
The owner of any animal which has attacked,
injured or damaged any person, other animal or property as prohibited
herein shall be liable for such injury and damage. Such owner shall
not thereafter permit such animal to be at any place other than on
the premises of the owner unless such animal is on a leash of less
than five feet in length and, if such animal has bitten a person or
other animal, such animal shall also be securely fitted with a properly
fitting muzzle of a type which shall not permit such animal to bite
another person or animal.
A.
The animal control officer or a police officer observing
a violation of this article in his presence shall issue and serve
an appearance ticket pursuant to the Criminal Procedure Law.
B.
As to the control of animal waste, the animal control
officer or police officer shall, and any member of the Village Board
of Trustees may, after observing a violation of this article or upon
the sworn complaint of an individual observing a violation of this
article, issue and cause to be served an appearance ticket setting
forth a brief description of the circumstances of the violation.
C.
The return date on the appearance ticket issued under
this article shall be no sooner than 10 days, including the day of
service, from the date of service.
Any person who observes an animal or the owners
thereof in violation of any of the provisions of this article may
file a written verified complaint with the animal control officer
in a form acceptable to the animal control officer, which complaint
shall set forth the conduct of such domestic or exotic animal or that
of the owner, including the date thereof, the damage caused, if any,
a description of such animal and the name and residence, if known,
of the owner of said animal. Upon receipt of such a complaint, if
such complaint indicates that a violation of this article has occurred,
the animal control officer shall issue and serve an appearance ticket
based upon such information upon the owner of such animal, if such
owner is known.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any person who violates any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agriculture and Markets Law of the State of New York.[1]
[1]
Editor’s Note: Former Art. III, Cat Licensing, adopted
7-20-1993 by L.L. No. 2-1993 (Ch. 55 of the 1985 Code), as amended,
which immediately followed this section, was repealed 12-15-2014 by
L.L. No. 3-2014.
