[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-4-2001
by L.L. No. 2-2001[1] 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:
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.
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.
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.
A.
No dog shall be allowed to run at large within the Village
of Massena.
B.
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:
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]
A.
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]
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(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 as provided by § 118
of the Agriculture and Markets Law.
A.
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:
(1)
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
(2)
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.
B.
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.
