[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-4-2001 by L.L. No. 2-2001 Amendments noted where applicable.]
The purpose and intent of this chapter shall be to preserve the public peace, health, public welfare and good order in the Village of Massena 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 in the activities of animals and their owners within the Village of Massena.
When used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- The person appointed by the Board of Trustees or any member of the Massena Village Police Department or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this chapter.
- 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.
- To provide food or shelter to any animal.
- Any person who harbors or keeps any animal. In the event that the "owner" of any animal which is found to be in violation of this chapter is a minor, the owner shall be deemed to be the parent or guardian of such person and shall be responsible for any acts of said animal in violation of this chapter.
- Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.
- RUN AT LARGE
- An animal 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 or her agent and without the knowledge, consent or approval of the owner of such lands.
- UNDER CONTROL
- An animal shall be deemed to be "under control" when it is under either voice command or a suitable restraining device designed for that purpose.
No person shall possess, harbor or maintain, anywhere within the Village, any cattle, goat, sheep or swine, nor shall any such livestock be permitted to run at large in any street, public place or unenclosed private grounds.
No person shall possess, harbor or maintain, anywhere within the Village, any chicken, duck, goose, turkey or other fowl, nor shall any such fowl be permitted to run at large in any street, public place or unenclosed private grounds.
No exotic pets will be allowed outside the premises of the owner of said wild animal, bird or reptile.
No dog shall be allowed to run at large within the Village of Massena.
No dog shall be allowed upon the public streets or upon any public property within the Village of Massena unless it shall be accompanied by its owner or a responsible person able to restrain and control such dog by command and unless such person accompanying such dog shall actually control and restrain such dog by some suitable device designed and used for that purpose.
Every person operating a motor vehicle or motorcycle in the Village who strikes and injures a dog, cat or other domestic animal is required to stop and report the matter to the owner or to the Village Police Department.
It shall be unlawful for any person in the Village to torture or torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse or needlessly mutilate or kill a dog, cat or other domestic animal. This section shall be enforced by any member of the Police Department or the Animal Control Officer upon personal knowledge or observation or upon the written complaint of any other person.
No person, being the owner or harborer of any cat, shall allow such cat to commit any nuisance within the Village of Massena 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 or harborer of a cat has allowed or permitted such cat to commit any of the acts hereinafter prohibited shall be presumptive evidence against the owner or harborer of such cat that he or she has failed to properly confine or control such cat: defecating, urinating, digging or otherwise damaging public or private property other than the property of the owner or harborer.
No person, being the owner or harborer of any dog, shall allow such dog to commit any nuisance within the Village of Massena 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 or harborer 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 or she has failed to properly confine or control such dog:
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 or harborer of such dog.
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 or such dog.
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.
Defecating, urinating, digging or otherwise damaging public or private property other than the property of the owner or harborer.
Any dog which shall attack another’s dog or cat on property other than the owner of harborer.
[Added 10-2-2007 by L.L. No. 2-2007]
Any dog which shall attack any person 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 Agricultural and Markets Law.
[Amended 10-2-2007 by L.L. No. 2-2007]
A dog shall not be a "dangerous dog" within the meaning of this section if the owner shall prove that any threat, 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, or was tormenting, abusing or assaulting the dog, its owner and/or household members, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall a dog be a "dangerous dog" if the dog was responding solely to pain or injury or was protecting itself while on its owner's property.
It shall be unlawful for any owner or harborer 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 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.
Any person who observes or has knowledge of a dog violating any provision of this chapter may file or register a verbal complaint with the Animal Control Officer or the Village of Massena Police Department specifying the alleged conduct of the dog, the date thereof, the description of the dog and the name and address, if known, of the owner or person harboring the dog.
Upon receipt by the Animal Control Officer of any such complaint or in the event that any dog is found by the Animal Control Officer to be in violation of any provision of this chapter, the Animal Control Officer shall, as soon as circumstances permit, issue and deliver to the owner or the harborer of the dog an appearance ticket pursuant to Article 7, § 114, of the Agricultural and Markets Law and Article 150 of the Criminal Procedure Law of the State of New York. The appearance tickets may require payment by mail of the designated fine or appearance in Village Court and shall be in such form as may be prescribed by the Justice of the Village Court. Upon receipt by the Village Justice of any complaint against the conduct of any particular dog, the Village Justice may summon the alleged owner or other person harboring said dog to appear in person before him; and, if the summons is disregarded, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such person.
Upon receipt by the Animal Control Officer of any such complaint or in the event that any dog is found by the Animal Control Officer to be in violation of any provision of this chapter, the Animal Control Officer, in his discretion, shall seize and take into custody such dog. The Animal Control Officer shall advise the owner or harborer 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 or Animal Control Officer.
In the event that any dog has been seized or taken into custody by the Animal Control Officer, its owner shall be required to pay:
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.
To the Clerk, the impoundment fee as provided by § 118 of the Agriculture and Markets Law.
A violation of any of the provisions contained in this chapter shall constitute an offense punishable by a fine of not less than $25 nor more than $50 or by imprisonment for not more than three days for each violation, except that:
When the person was found to have violated any of the provisions of this chapter within the preceding five years, the fine may be of not less than $50 nor more than $100 or by imprisonment for not more than seven days for each violation; and
When the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation.
These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
The Board of Trustees may, by order or regulation, provide for the picking up of stray animals, treatment and care of injured animals and disposal of animal carcasses. The owner of the animal is responsible for all associated costs, including veterinary bills, and shall reimburse the Village for any charges and fees incurred.
This chapter shall not apply to dogs commonly known as "seeing eye dogs" while guiding their master. This chapter shall also 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.