[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995
by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
It shall be unlawful for any owner of or any person harboring any dog
in the Village of Colonie to permit or allow such dog to:
A.Â
Run at large unless said dog is restrained by an adequate
collar and leash or unless accompanied by its owner or a responsible person
able to control the animal. For the purpose of this Article, a dog or dogs
hunting in company with a hunter or hunters shall be considered as accompanied
by their owners.
B.Â
Engage in habitual loud howling or barking or to conduct
itself in such a manner as to habitually annoy any person other than the owner
or person harboring such dog.
C.Â
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 dog.
D.Â
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.Â
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person harboring any female dog
to permit such dog to run at large when in heat, and such dog shall be confined
to the premises of such person during such period.
Any unlicensed or untagged dog found to be running at large in violation
of § 118 of the Agriculture and Markets Law shall be seized, and
such dog shall be properly fed and cared for until disposed of as provided
by said § 118.
The Town of Colonie Animal Control Officer shall enforce this Article.
Any person who observes a dog causing damage or destruction to property
of a person other than its owner or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under oath,
with a Town Justice of the Town of Colonie, specifying the objectionable conduct
of the dog, the date thereof, the damage caused, a description of the dog
and the name and residence, if known, of the owner or other person harboring
said dog.
Upon receipt by the Town Justice of any complaint against the conduct
of any particular dog, the Town Justice may summon the alleged owner or other
person harboring said dog to appear in person before him; if the summons is
disregarded, the Town Justice may permit the filing of any information and
issue a warrant for the arrest of such person.
It is hereby declared to be in the public interest and in the furtherance
of the health, safety and welfare of the residents of the Village of Colonie
to prohibit any person(s) from possessing, harboring or maintaining a wild
animal within the Village of Colonie in violation of this Article; and to
protect the general public from physical harm or disturbance, the exercise
of the police power is required to ensure the public peace and safety and
for the safekeeping, control or removal, whether voluntary or mandatory, of
any wild animal.
It shall be a violation of this Article for any person(s) to possess,
harbor or maintain any wild animal within the Village of Colonie which:
For the purpose of this Article, the terms used herein are defined as
follows:
Any person, firm, association or corporation.
Any person, firm, association or corporation possessing, harboring
or maintaining a wild animal within the Village of Colonie, and where an infant
under the age of 21 years is alleged to be the "owner" of any such wild animal,
then the "owner" thereof shall be deemed to be the person, firm, association
or corporation owning or in possession of the premises wherein such animal
is harbored.
A member of any living species, except man, that is not traditionally
and primarily bred, raised or trained for the purpose of human companionship,
or a "domestic animal" as defined in § 108 of the Agriculture and
Markets Law presently in effect.
A.Â
Any resident of the Village of Colonie believing there
is, within the confines of the Village of Colonie, a wild animal which repeatedly
causes property damage or disturbs the public peace by prowling or noise-making
or which manifests traits or temperament that threatens the public safety
and physical well-being of the residents of the Village of Colonie or which
has been abused, neglected or improperly cared for by its owner may file an
affidavit, in writing, with the Village of Colonie setting forth the following
particulars:
(1)Â
The name and address of the affiant.
(2)Â
The ground or grounds upon which the affiant makes his
affidavit of complaint alleging a violation of this Article.
(3)Â
The type of animal claimed by the affiant to be involved
and the basis of the affiant's belief that the animal is a wild animal.
(4)Â
The name and address, insofar as the affiant can determine,
of the owner(s) of the animal in question.
(5)Â
A statement of facts asserted by the affiant in support
of his allegations.
B.Â
Any affidavit so filed shall be based upon the personal
knowledge or belief of the affiant and shall be sworn to by the affiant before
a notary public and shall request a hearing by the Board of Trustees of the
Village of Colonie upon the complaints set forth in the affidavit.
C.Â
Upon receipt of such an affidavit, the Village Clerk
shall issue a receipt for the same and shall submit a copy of said affidavit
to the Board of Trustees of the Village of Colonie at its regular meeting
next following receipt of the affidavit.
D.Â
Upon receipt of an affidavit as heretofore described
from the Clerk of the Village of Colonie, the Board of Trustees shall determine
a date not less than two weeks nor more than six weeks from the meeting at
which the affidavit is received, at which time the affiant shall appear at
a public hearing in support of the complaints in the affidavit.
E.Â
The person or persons against whom the complaint is directed
shall be notified, by certified mail, by the Clerk of the Village of Colonie
of the date and time determined by the Board of Trustees for a hearing. The
notice of hearing shall also contain a copy of the affidavit submitted to
the village.
F.Â
Upon the return date provided in the notice of hearing,
the Mayor and the Board of Trustees shall conduct a public hearing, at which
time the affiant shall appear in person or through an attorney to present
testimony to the Mayor and the Board of Trustees in support of all allegations
presented in the affidavit. In addition to the affiant, any person desiring
to be heard in support of the allegations made by the affiant or in opposition
to the allegations made may present testimony or other similar proofs. The
person or persons to whom the affidavit of complaints is directed shall have
the right to be heard in person or through an attorney and present any relevant
testimony, and expert testimony may be adduced at any stage in these proceedings.
A hearing may be adjourned, from time to time, at the discretion of the Mayor
and the Board of Trustees. Upon conclusion of the hearing, the Mayor and the
Board of Trustees shall have a period of three weeks to arrive at a determination,
which shall be disclosed at a public meeting, with notice to the affiant and
the person or persons against whom the affidavit of complaints was directed.
G.Â
The findings of the Mayor and the Board of Trustees shall be set forth in detail in a resolution adopted by the majority vote of those present at a regular meeting of the Board, and if said resolution makes a finding under the provisions of § 68-8 herein, then such resolution shall include:
(1)Â
A summary of the facts adduced in the proceeding.
(2)Â
A finding that the wild animal repeatedly causes property
damage or disturbs the public peace by prowling or noise-making or manifests
traits or temperament that threatens the public safety and physical well-being
of the residents of the Village of Colonie or has been abused, neglected or
improperly cared for by its owner, together with facts found in support of
each or any finding.
(3)Â
A determination finding either no violation of this Article
or a determination finding a violation of this Article, together with appropriate
direction for the removal of the wild animal from the Village of Colonie within
a stated time or such steps as may be required by the Board, in its discretion,
for the proper care, possession, safekeeping or harboring of such wild animal
within the Village of Colonie by its owner(s).
The provisions of this Article shall not apply to any lawfully licensed
doctor of veterinary medicine or lawfully established pet shop, animal shelter
or zoo or to the lawful keeping of a wild animal for a commercial purpose
in commercial or industrial areas of the Village of Colonie.
Any person found in violation of the provisions of this Article who does not comply with it, as provided in § 68-10, shall be liable for and forfeit a penalty not exceeding $250 and/or to imprisonment for not more than 15 days.
