[Adopted 4-1-1968 as Ch. 6 of the 1968 Code; amended in
its entirety 11-15-2005 by L.L. No. 2-2005]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
Both male and female dogs and shall include the singular
and plural.
An enclosed shelter that provides protection from the elements
for a dog.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any dog trained or used solely for the purpose of protection
of people, premises and/or businesses.
To provide food or shelter to any dog.
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.
Any person having a right of property in, harboring or keeping
a dog.
A.
It shall be a violation of this article for any owner
of any dog to permit or allow such dog to:
(1)
Run at large in any street, public park or public
place unless restrained by a chain or leash not exceeding six feet
in length and in charge and under the control of a responsible person.
Any dog not so restrained found off the owner's premises shall be
seized by the Animal Control Officer or police. Proof that a dog has
been in a public park or public street unleashed will be prima facia
evidence of a violation of this article by the person owning or harboring
said dog.
(2)
Engage in habitual loud howling, barking, whining or cause disturbing noises or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog. In the event that the barking or disturbing noise continues for a period of 15 minutes in a continuous or substantially continuous manner, the owner of the dog or the individual harboring said dog shall be subject to a fine or penalty as set forth in Chapter 1, Article II, General Penalty, § 1-14. In addition, if the dog continues or substantially continues to bark or make disturbing noise during the hours of 9:00 p.m. to 6:00 a.m., and the dog is outdoors, the Animal Control Officer or police, after having made reasonable attempts to contact the owner(s) or individual harboring said dog, shall remove said dog from the property and impound said dog in accordance with the policy set forth.
(3)
Cause damage or destruction to property of a person
other than the owner of such dog or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner or
harborer of the dog.
(4)
Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, leap on or otherwise harass bicycles
or motor vehicles.
(6)
Kill or injure any dog, cat, or other household pet.
(7)
Be over six months of age and not vaccinated against
the rabies virus.
B.
Persons or corporations owning a guard dog or watchdog
must post on all gates and entrances to the property and post in other
conspicuous places signs which specifically state that there is a
guard dog or watchdog on the premises.
A.
It shall be a violation of this article for any owner
of any dog to permit or allow the premises, structures, enclosures,
or area in which a dog is kept to be unclean or unsanitary.
B.
Dogs that are kept out-of-doors shall be provided
with an enclosed shelter or doghouse constructed of wood and having
three sides, a floor, and a roof. The front of the doghouse shall
be constructed with an opening of sufficient size as to allow the
dog to enter but shall not be completely open. During the months of
October through April said doghouse shall be provided with hay or
other material, to be placed inside said doghouse. This material shall
be replaced as needed. A doghouse shall be provided for each dog that
is at the residence of the dog owners or the person harboring the
dog(s).
C.
No puppy under the age of six months shall be kept
outside during the months of October through April on a permanent
basis.
D.
No person shall breed or attempt to breed or aid or
abet the breeding of any dog in any public place within the Village
not entirely enclosed and completely screened from observation within
the enclosure. Any female dog that is in season (heat) shall not be
left outside unattended unless said dog is kept in an enclosed kennel
so as to prevent said dog from becoming loose and also to prevent
any male dog from harassing said female dog while in season.
E.
No dog or any other animal shall be left completely
enclosed in a parked vehicle without adequate ventilation or in such
a way as to subject the animal to temperatures sufficiently above
the surrounding atmosphere which may affect the animal's health and
welfare. If any such animal is deemed to be in distress, it may be
removed from said vehicle by police or an animal control officer to
prevent further risk to its health.
F.
No dog or any other animal shall be transported on
any public thoroughfare in any external part of any automobile or
truck unless such dog or animal is totally enclosed within such vehicle,
within a secured container carried upon the vehicle or securely cross-tethered
to such vehicle in such away as to prevent falling out of or off of
such vehicle and to prevent injury to the animal. No dog or any animal
shall be transported in the trunk of any vehicle.
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.
A.
Any person who shall own, keep or harbor a dog of
licensing age (six months and above) shall apply for and procure from
the Town Clerk of the Town of Monroe a license and official metal
registration tag for each dog owned, kept or harbored and shall place
upon each such dog owned, kept or harbored a collar or harness with
the registration tag securely fastened thereto. All dogs over the
age of six months shall be vaccinated against the rabies virus, and
proof shall be submitted, in written form, from a veterinarian stating
when the vaccine was given and when the vaccine expires.
B.
The owner of any newly acquired dog of licensing age
or any dog which obtains licensing age shall make application for
a license and registration tag for such dog within 10 days after acquisition
or age attainment and pay therefor the full fee provided.
A.
Any such dog which shall be in or upon any public
street, avenue, road or highway or in any public place or which shall
run at large in said Village in violation of this article may be taken
into custody and impounded and thereafter redeemed, adopted or destroyed
in accordance with the procedure set forth.
B.
After any such seizure and impounding, the owner of
such animal, if known, may be notified thereof. Such dog so seized
and impounded shall be held for a period of from five to 10 days.
The owner of said dog may redeem the dog by producing a license for
such dog and by paying a redemption fee as set forth. Any and all
costs incurred by the Animal Control Office for the seizing and impounding
of such dog while in custody shall be paid by the dog's owner. Upon
the seizure of an identified dog, the owner of such dog shall be notified
personally or by certified mail, return receipt requested, of the
facts of seizure and the procedure for redemption. If notification
is personally given, such dog shall be held for a period of seven
days after the day of notice, during which period the dog may be redeemed
by the owner. If such notification is made by mail, return receipt
requested, such dog shall be held for a period of nine days from the
date of mailing, during which period the dog may be redeemed by the
owner.
C.
If said unidentified dog is not redeemed by its owner
after five days, said dog may be available for adoption by any responsible
or proper person upon purchase of a dog license and payment of adoption
fees as set forth. If said identified dog is not redeemed by its owner
after the specified period, said dog may be available for adoption
by any responsible or proper person upon purchase of a dog license,
and payment of adoption fees.
The provisions of this article shall not apply
to blind persons who may use dogs as guides.
