As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person or persons appointed by the Village of Monroe for
the purposes of enforcing this article and Article 7 of the Agriculture
and Markets Law of New York State.
AT LARGE
Any unleashed dog off the premises of the owner and on property
open to the public or on private property not owned or leased by the
owner of the dog, unless permission for such presence has been obtained.
No dog shall be deemed "at large" if it is a police work dog if being
used for police work.
DANGEROUS DOG
Includes any dog which, at any time, bites, attacks, chases
or snaps at or otherwise threatens to attack any person who is peaceably
conducting himself or herself, or attacks and wounds a domestic animal
in any place where such person or animal may lawfully be.
DOG
Both male and female dogs and shall include the singular
and plural.
DOGHOUSE
An enclosed shelter that provides protection from the elements
for a dog.
DOG SHELTER
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
GUARD DOG
Any dog trained or used solely for the purpose of protection
of people, premises and/or businesses.
HARBOR
To provide food or shelter to any dog.
LEASHED
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
OWNER
Any person having a right of property in, harboring or keeping
a dog.
Any person owning a dog that has been found
to be dangerous by a Village or town justice under § 123
of the Agriculture and Markets Law of New York State and ordered by
the court to be confined shall adhere to the following restrictions
unless otherwise ordered by the court. Failure to adhere to these
restrictions will result in said dog being seized, whether on or off
of the owner's property, and euthanized and buried by a local veterinarian
at the dog owner's expense.
A. Said dangerous dog, when outside of the owner's dwelling,
shall be securely confined within an enclosed stricture no smaller
than six feet by six feet by 12 feet. Said structure will be enclosed
on four sides and top. The floor area of said enclosure shall be concrete
or another type of material so as to prevent the dog from escaping
by digging out, etc. The door, gate or other means of entry or egress
shall be provided with a lock or other device which cannot be opened
by the dog. In addition to preventing the dog from escaping, the enclosure
must prevent children or adults, other than the owner of said dog,
from gaining entry.
B. The yard, house or apartment in which the dangerous
dog is confined or housed shall be posted with a conspicuous notice(s)
or sign(s) using the words "Beware of Dog" that warns the public of
the nature of the animal which is confined. The sign shall be displayed
on the front and rear of the property and at a side gate(s) and/or
entrance(s). A similar sign should be posted or adjacent to the front
door. The lettering of the prominent and conspicuous warning or notice
should be at least two inches in height.
C. Said dangerous dog, when outside the owner's dwelling
or confinement, shall be led by a chain or leash not exceeding three
feet in length and under the control of a responsible person capable
of controlling said dog.
D. Said dangerous dog shall be muzzled when off the owner's
property.
E. The owner of said dangerous dog shall enroll said
dog in an obedience course. The dog must complete such course within
30 days of the court's order. A certificate shall be presented to
the Town of Monroe and the Town of Monroe Justice Court upon completion
of said obedience course.
F. The owner of said dangerous dog shall notify the Animal
Control Department and the Monroe Police Department immediately in
the event that said dog escapes, bites another animal and/or human,
dies, or has a change of address.
G. Said dangerous dog shall be spayed or neutered within
30 days of the court's order, and proof of the same must be presented
to the Animal Control Officer and the court issuing the order.
Any person who violates or neglects to comply with any provision of this article shall, upon conviction thereof, be liable to a penalty as set forth in Chapter
1, Article
II, General Penalty, §
1-14, for each violation.
The provisions of this article shall not apply
to blind persons who may use dogs as guides.