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.
CONFINED
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.
HARBOR
To provide food or shelter to any animal.
OWNER
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.
PERSON
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.
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:
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
or harborer 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 or such 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. Defecating, urinating, digging or otherwise damaging
public or private property other than the property of the owner or harborer.
E. 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]
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.