As used in this article, the following words and terms shall
have the following meanings:
DANGEROUS DOG
A.
Any dog:
(1)
Which when unprovoked approaches any person upon the streets,
sidewalks or on any public grounds or places in a vicious or terrorizing
manner or in any apparent attitude of attack;
(2)
With a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings
or domestic animals;
(3)
Which bites, inflicts injury, assaults or otherwise attacks
a human being or domestic animal without provocation on public or
private property; or
(4)
Which has been ordered confined pursuant to the provisions of
§ 121 of the Agriculture and Markets Law.
B.
Notwithstanding the foregoing, except pursuant to Subsection
A(4) above, no dog may be considered to be a dangerous dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
KEEPER
Any person other than the owner or a dangerous/vicious dog
who harbors or has in his or her possession a dangerous/vicious dog
or manages, controls or cares for a dangerous/vicious dog.
OWNER
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits an animal to remain on premises occupied
by him.
UNCONFINED
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is no
bottom, with sides which extend at least one foot underground, and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children.
VICIOUS DOG
A.
Any dog owned, harbored or trained primarily or in part for
the purpose of dog fighting;
B.
Any dog owned, harbored or trained primarily or in part for
the purpose of attacking a human being or domestic animal upon command.
No person should suffer, permit or allow any dangerous dog to
remain unconfined on property within the City of Mount Vernon or to
go beyond the boundaries of such property unless such dog is securely
muzzled and restrained with a chain having a minimum tensile strength
of 300 pounds and not exceeding three feet in length and is under
the direct control and supervision of the owner of the dog. The owner
or keeper of a dangerous dog shall post conspicuous notices on the
perimeter of the property where such dog is kept to warn persons of
the nature of the dog confined therein.
No person shall sell, purchase, possess, rent, lease or harbor
a vicious dog within the jurisdiction of the City of Mount Vernon
other than a vicious dog that has been acquired prior to the effective
date of this article and registered as required pursuant to this article.
The owner of any dangerous/vicious dog who acquired such dog
prior to the effective date of this article shall register such dog
with the office of the City Clerk no later than 180 days after the
effective date of this article.
A violation of this article shall be punishable by a fine not
exceeding $500. Each day on which a violation of this article occurs
shall constitute a separate and distinct offense.
If any provision, section, paragraph, subdivision or clause
of this article shall be adjudged invalid, such adjudication shall
apply only to the provision, section, paragraph, subdivision or clause
so adjudged, and the balance of this article shall remain valid and
effective.