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. 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. 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. 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. 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. 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:
A. Repeatedly causes property damage or disturbs the public
peace by prowling or noise-making;
B. Manifests traits or temperament that threatens the public
safety and the well-being of the residents of the Village of Colonie; or
C. Has been abused, neglected or improperly cared for by
its owner.
For the purpose of this Article, the terms used herein are defined as
follows:
PERSON
Any person, firm, association or corporation.
OWNER
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.
WILD ANIMAL
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.
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.