[HISTORY: Adopted by the Board of Trustees
of the Village of Potsdam: Art. I, 12-4-1978 as L.L. No. 3-1978 as Ch. 53 of the 1971
Code; Art. II, 10-20-1986 as L.L.
No. 5-1986 as Ch. 54 of the 1971 Code. Section 80-14
amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 10.
[Adopted 12-4-1978 as L.L. No. 3-1978 as Ch. 53 of the 1971
Code]
The purpose and intent of this Article shall
be to preserve the public peace, health, public welfare and good order
in the Village of Potsdam and to contribute to the public welfare
and the preservation of the property and the person of the inhabitants
of said village by declaring and enforcing certain regulations and
restrictions on activities of animals and their owners within the
Village of Potsdam.
As used in this Article, the following terms
shall have the meanings indicated:
Horses, cattle, goats, sheep, swine, poultry, pigeons, any
animal generally considered to be wild, poisonous insects, poisonous
reptiles or any reptile over three feet in length. The term "animal,"
as used in this Article, shall not be deemed to include dogs and cats.
No person shall possess, harbor or maintain, anywhere within the village, any animal as defined under § 80-2 other than customary domestic animals which are traditionally and primarily bred, raised or trained for the purpose of human companionship.
[Amended 5-17-2021 by L.L. No. 2-2021]
The provisions of this article do not apply
to animals, reptiles or birds kept in laboratories and used for scientific
or medical research or kept in proper retail or wholesale business
establishments operating under the Zoning Code[1] or to female chickens maintained for human companionship and the production of eggs as set forth in § 180-55 of the Village Municipal Code.
Any person committing an offense against this
Article shall, upon conviction, be subject to a fine not exceeding
$250 or imprisonment for a term not exceeding 15 days, or to both
such fine and imprisonment. The continuation of an offense against
the provisions of this Article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
[Adopted 10-20-86 as L.L.
No. 5-1986 as Ch. 54 of the 1971 Code]
This Article shall be known and cited as the
"Dog Control Law of the Village of Potsdam, New York."
This Article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York.
The Village Board of the Village of Potsdam
has determined that the running at large and other uncontrolled behavior
of licensed and unlicensed dogs have caused physical harm to persons
and have damaged property and have created nuisances within the village.
The purpose of this Article is to protect the health, safety and well-being
of persons and property and to preserve public peace and good order
in the village by establishing certain regulations and restrictions
on the activities of dogs.
When used in this Article, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
That any such animal is securely confined or restrained or
kept on the owner's premises, either within a building, kennel or
other suitable enclosure or securely fastened on a chain, wire or
other effective tether of such length and so arranged that the animal
cannot reach or endanger any person on any adjacent premises or in
any public street, sidewalk, way or place; or, if the animal is being
transported by the owner, that it is securely confined in a crate
or other container or so restrained in a vehicle that it cannot be
expected to escape therefrom.
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
The person appointed by the Board of Trustees or any member
of the Potsdam Police Department to assist in the enforcement of this
Article. Every dog seized by the "dog warden" shall be maintained,
redeemed, sold or destroyed in accordance with Article 7 of the Agriculture
and Markets Law of the State of New York.
The person purchasing the license for the dog. If the dog
is not licensed, the term "owner" shall be construed to include any
person who at any time owns or has custody or control of, harbors
or is otherwise responsible for any dog which is kept, brought or
comes within the village. In the event that the "owner" of any dog
which is found to be in violation of this Article is 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 said dog in violation of this Article.
A group of three or more dogs.
Includes a corporation and a joint-stock association, as
defined in the General Construction Law.
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not under the control of the
owner or his agent and without the knowledge, consent or approval
of the owner of such lands.
A dog shall be deemed to be "under control" when it is under
either voice command or a suitable restraining device designed for
that purpose.
A.
No dog shall be allowed to run at large within the
Village of Potsdam.
B.
No dog shall be allowed upon the public streets or
upon any public property within the Village of Potsdam unless it shall
be accompanied by its owner or a responsible person able to restrain
and control said dog by command and unless such person accompanying
said dog shall actually control and restrain said dog by some suitable
device designed and used for that purpose.
No person, being the owner or the agent of the
owner of any dog, shall allow such dog to commit any nuisance within
the Village of Potsdam or cause damage to the person or property of
others. The following are declared to be public nuisances and are
set forth herein for explanatory purposes only and are not to be considered
as excluding other types of nuisances, and the establishment of the
fact that the owner of a dog has allowed or permitted such dog to
commit any of the acts hereinafter prohibited shall be presumptive
evidence against the owner or harborer of such dog that he has failed
to properly confine or control said dog:
A.
Engaging in loud howling or persistent barking, crying
or whining or so conducting itself in such a manner as to unreasonably
and persistently disturb the comfort or repose of any person other
than the owner of such dog.
B.
Chasing and/or barking at motor vehicles while on
a public street or highway or upon public or private property other
than property of the owner or harborer of said dog.
C.
Jumping upon, chasing or otherwise harassing any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury.
D.
Persistent barking or chasing pedestrians who are
using the sidewalks while the dog is on the property of the owner.
E.
Running together in a pack or in any way forming a
pack of dogs.
F.
Defecating, urinating, digging or otherwise damaging
public property or private property other than the property of said
owner.
[Amended 4-3-1995 by L.L. No. 4-1995]
Any dog which shall attack any person, dog,
cat or domestic animal, as such term is defined in Article 7 of the
Agriculture and Markets Law of the State of New York, shall be dealt
with in accordance with Article 7 of said Agriculture and Markets
Law.
A.
Any person who observes or has knowledge of a dog
violating any provision of this Article may file or register a verbal
complaint with the dog warden or the Village of Potsdam Police Department
specifying the objectional conduct of the dog, the date thereof, the
description of the dog and the name and address, if known, of the
owner or other person harboring said dog.
B.
Upon receipt by the Police Department or dog warden
of any such complaint or in the event that any dog is found by the
Police Department or dog warden to be in violation of any provision
of this article, the Police Department or dog warden may, if possible,
seize and take into custody said dog and, in any event, as soon as
circumstances will permit, issue and deliver to the owner of said
dog an appearance ticket pursuant to § 126 of the Agriculture
and Markets Law of the State of New York, detailing the violations
and instructing the owner to appear before the Justice Court of the
Village of Potsdam or to answer such appearance ticket by registered
or certified mail, return receipt requested, within five days of the
date of such violation. If said appearance ticket is disregarded by
such person, the Police Department, dog warden or complainant may
file an information with said Court, which Court shall then issue
a warrant for the arrest of such person. The Police Department or
dog warden shall also advise the owner of the impounding of the dog,
its location and the fact that it will be destroyed unless redeemed
within the period provided. Failure to give such notice shall not
be grounds to allege any cause of action against the municipality,
Police Department or dog warden.
[Amended 5-6-2002 by L.L. No. 8-2002]
C.
In the event that any dog has been seized or taken
into custody by the dog warden, its owner shall be required to pay:
(1)
To the boarding facility designated by the Village,
its standard fee otherwise charged for holding and boarding of dogs
for each day which said dog shall be boarded by the boarding facility
designated by the Village.
(2)
To the Clerk, the impoundment fee provided by § 118
of the Agriculture and Markets Law.
[Amended 10-18-1993 by L.L. No. 5-1993]
Upon conviction, a violation of any of the provisions or restrictions of this article shall be punishable by a fine not exceeding $25 for a first violation, $50 for a second violation within five years and $100 for each subsequent violation within five years, in addition to any disposition that may be made of the dog under § 80-13 of this article and boarding fees.
If not redeemed, the owner or harborer of the
dog shall forfeit all title to the dog, and the dog shall be sold
or destroyed by the dog warden or other designated person.
It shall be unlawful for any owner of a dog
or dogs to fail to provide such dog or dogs with adequate food, water
and shelter at all times.
Any person shall, at all times, keep the area
wherein the dogs are kept, possessed or harbored in a neat, clean,
sanitary condition and in accordance with the regulations of the Board
of Health and public health laws of the State of New York, and such
area shall be open to inspection by the proper Village and health
officials at all reasonable times. If dog or dogs are not claimed
within a period of 12 days after detention, they may be disposed of
at the discretion of the firm, person, society or corporation harboring
them.
A.
This article shall not apply to a dog commonly known
as a "Seeing Eye" dog while guiding its master.
[Amended 5-6-2002 by L.L. No. 8-2002]
B.
This article shall not apply to dogs actually confined
to the premises of incorporated societies devoted to the care or hospital
treatment of lost, strayed or homeless animals or confined to the
premises of public or private hospitals devoted to the treatment of
sick animals.
