[HISTORY: Adopted by the Board of Trustees
of the Village of Round Lake 11-15-2006 by L.L. No. 5-2006[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
L.L. No. 3-1995, adopted 7-17-1995.
The intent of this chapter is to control the
running at large of dogs and to minimize other obnoxious animal behavior
which may be a nuisance to residents of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A person appointed by the Village Board to assist in the
enforcement of the Agriculture and Markets Law generally and to enforce
the provisions of this chapter. There may be more than one Animal
Control Officer.
The condition of an animal of being unleashed and on property
open to the public, or on private property not owned or leased by
the owner of the animal, unless permission for such unleashed condition
has been obtained.
No animal shall be deemed to be "at large" if
it is:
Accompanied by and under the immediate supervision
and control of the owner or other responsible person.
A police work dog being used for police work.
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
with the consent of the landowner.
Whether or not accompanied by its owner or another
responsible person, any animal on property open to the public, or
on private property not owned or leased by the owner of the animal,
which injures another person; threatens to injure another person in
a manner which would frighten a reasonable person; or injures another
person's property (including another animal), is "at large."
Any person who owns, harbors or keeps an animal.
Physical injury which creates a substantial risk of death,
or which causes death, serious and protracted disfigurement, scarring,
protracted impairment of health or protracted loss or impairment of
the function of any bodily organ.
A.
It shall be unlawful and a violation of this chapter
for any owner of or any person harboring any dog to permit or allow
such dog to:
(1)
Run at large or be restrained by a nonretractable
leash of more than six feet in length or a retractable leash of more
than 16 feet. For the purpose of this chapter, a dog or dogs hunting
in company with a hunter or hunters with the permission of the landowner
shall be considered as accompanied by its owner.
(2)
Engage in habitual loud barking, whining or howling
or to conduct itself in such a manner as to repeatedly annoy any person
other than the owner. As used herein, the word "habitual" shall be
defined as a dog barking, whining or howling for repeated intervals
of at least five minutes with less than three minutes of interruption,
which can be heard by any person, including a law enforcement officer
or animal control officer, from a location outside of the owner's
or caretaker's premises.
(3)
Cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner. The
nuisance contemplated by this section shall include noxious odors
emanating from any premises upon which any dog is harbored, which
habitually annoy any person other than the owner.
(4)
Chase or otherwise harass any person peaceably conducting
himself in any place where such person may lawfully be in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
(5)
Habitually chase or bark at motor vehicles and/or
bicyclists.
(6)
Cause serious personal injury to a person or domestic
animal.
(a)
Excused behavior. It shall be a defense to a prosecution
under this chapter if the injury or damage caused by such dog was
sustained by a person who, at the time, was committing a willful trespass
or other tort upon the premises occupied by the owner of the dog.
(7)
To bring such dog to any public function at which
fireworks will be a part of the function.
C.
It shall be unlawful for any owner of or any person
harboring a cat to permit or allow such cat while in the Village of
Round Lake to:
(1)
Cause serious personal injury to a person or domestic
animal.
(2)
Spray or to defecate in such a way as to cause annoyance
to any person other than the owner or person harboring such cat.
(3)
Cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner or person
harboring such cat.
A.
The owner of an animal, whether it is tagged or not
tagged or licensed, shall be responsible for removing and cleaning
any waste or excrement deposited by said animal upon public or private
property not belonging to the owner. All such waste and excrement
shall be removed and cleaned by placement in a plastic or metal container
and thereafter discarded in the same manner as garbage and refuse
are to be discarded to avoid the waste and bacteria from being washed
into storm drains or roadside ditches.
B.
The owner of an animal shall provide such animal with
adequate and wholesome food and water, adequate shelter and protection
from inclement weather, and adequate veterinary care, including all
legally required shots and vaccinations.
C.
No person shall confine an animal in an unattended,
enclosed vehicle when the outside temperature is 70° F. or more
unless the interior of the vehicle is provided with conditioned air
maintaining an internal temperature of 80° F. or less.
D.
The Animal Control Officer or other officer shall
have the authority to remove any animal found in an enclosed vehicle
when he deems that there is a risk that such animal is suffering excess
heat or cold or lack of oxygen.
E.
The owner of an animal shall remove and properly dispose
of such animal within 24 hours of such animal's death.
F.
The owner of a female animal in heat shall confine
such animal during such period.
G.
If a violation of this chapter results in a personal
injury and/or property damage, the violator shall be strictly liable
for all such injuries or damages, including consequential damages.
The Animal Control Officer, to be designated
by the Village Board of the Village of Round Lake as provided by § 114
of the Agriculture and Markets Law, may enforce the provisions of
this chapter or of the Agriculture and Markets Law and may also investigate
and report to a Town Justice of the Town of Malta any dangerous dog,
as described in § 121 of the Agriculture and Markets Law,
and may enforce orders of the Village Justice issued pursuant to such
section.
A.
A violation of this chapter shall be a violation.
Any subsequent violation of this chapter shall be a Class B misdemeanor.
B.
Any person convicted of a violation of this chapter
shall be subject to a fine in an amount not to exceed $250, imprisonment
for a term not exceeding 15 days, or both. This provision relating
to fines may be amended by the Village Board of the Village of Round
Lake by resolution.
A.
An animal may be seized, pursuant to the provisions
of § 118 of the Agriculture and Markets Law, for violation
of this chapter.
B.
Every animal seized shall be properly care for, sheltered,
fed and watered pursuant to § 118 of the Agriculture and
Markets Law for a redemption period of not less than five days.
C.
Seized animals may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article and in § 83-10 of this chapter.
D.
Any animal unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
In the event that the Village of Round Lake
has, either directly or from a third party (including, but not limited
to, the Saratoga County Animal Shelter), taken into its care and custody
an animal subject to this chapter due to or following a violation
of the requirements of this chapter, the Village of Round Lake shall
be entitled to collect from the owner of such animal any out-of-pocket
expenses incurred by the Village, including any veterinary or kenneling
costs, on behalf of such animal. At the discretion of the Animal Control
Officer, the Village may refuse to return such animal to the owner
until and unless the animal is redeemed by the owner by payment of
such costs and expenses and may, if payment is refused, have the animal
held at a public or private kennel or the Saratoga County Animal Shelter
at the owner's expense, or if the owner refuses to redeem the animal
from the Village, have made available for adoption or euthanized pursuant
to the provisions of and to the extent provided by, § 118
of the Agriculture and Markets Law.
