[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-22-1991 by L.L. No. 1-1991]
The title of this article shall be "Dog Control
Law of the Village of Wappingers Falls."
The Village Board of the Village of Wappingers
Falls finds that the running at large and other uncontrolled behavior
of licensed and unlicensed dogs have caused physical harm to persons
and damage to property and have created nuisances within the Village.
The purpose of this article is to protect the health, safety and well-being
of persons and property by imposing restrictions on the keeping and
running at large of dogs within the Village.
This Article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
As used in this article, the following words
shall have the following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this article. A Dog Control
Officer shall have all the powers of a Constable or other peace officer
in the execution of the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 114 of the Agriculture and Markets
Law of the State of New York, notwithstanding any provisions of the
Justice Court Act.
[Amended 2-12-1997 by L.L. No. 3-1997]
A person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing a license for such
dog unless the dog is or has been lost, and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at any time owns or has custody or control of, harbors or
is otherwise responsible for any dog which is kept, brought or comes
within the Village. Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the "owner" of such
dog for the purpose of this article. In the event that the owner of
any dog found to be in violation of this chapter shall be under 18
years of age, the head of the household in which said minor resides
shall be deemed to have custody and control of said dog and shall
be responsible for any acts of said dog and violation of this article.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such land.
The Village of Wappingers Falls.
It shall be unlawful for any owner of any dog
in the Village to permit or allow such dog to:
A.
Run at large unless the dog is restrained by an adequate
leash.
[Amended 10-9-1991 by L.L. No. 3-1991]
B.
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually disturb the comfort or repose of any person other than
the owner of such dog.
C.
Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property without the consent or approval
of the owner thereof.
D.
Chase, jump upon or at or otherwise harass 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.
E.
Habitually chase, run alongside of or bark at motor
vehicles, motorcycles or bicycles or other vehicles while on a public
street, highway or place or upon private property without the consent
or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging
on public property, or on private property without the consent or
approval of the owner of such property.
G.
If a female dog when in heat, be off the owner's premises
unrestrained by a leash.
H.
Defecate on any property not titled to the dog owner or upon which
the dog owner has a tenancy, unless said dog owner immediately removes
said waste.
[Added 5-8-2013 by L.L. No. 2-2013]
I.
Enter or
remain in any fenced area or children's playground located within
a Village park or recreation center.
[Added 5-8-2013 by L.L. No. 2-2013]
This Article shall be enforced by the Dog Control
Officer or any other law enforcement officer.
A.
The Dog Control Officer or a peace officer observing
a violation of this article in his presence or having reasonable cause
to believe that a person has violated this article shall serve an
appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by this Board by resolution in accordance
with the provisions of § 114 of the Agriculture and Markets
Law and this article.
C.
The Dog Control Officer or peace officer may also
investigate and report to a Village Justice of the Village any dangerous
dog as described in § 121 of the Agriculture and Markets
Law and see that the order of the Village Justice in such case is
carried out.
D.
Any person who observed a dog in violation of this
article may file a complaint under oath with a Village Justice of
the Village specifying the nature of the violation, the date thereof,
a description of the dog and the name and residence, if known, of
the owner of such dog. Such complaint may serve as the basis for enforcing
the provisions of this article.
The Dog Control Officer is hereby empowered
to seize any dog which has violated any of the provisions of this
article and/or Article 7 of the Agriculture and Markets Law, and any
such dog so seized shall be impounded or taken to such place as may
be designated by the Village Board as a place of detention until disposition
thereof shall have been made in accordance with the provisions of
this article.
A.
Periods of redemption. Any dog seized by the Dog Control
Officer shall continue to be impounded and held by him for the following
prescribed time periods:
|
Type of Seizure
|
Redemption Period
| |
|---|---|---|
|
Unlicensed or unidentified dog
|
5 days
| |
|
Licensed dog
|
5 days (if personal notice, from date of notice)
| |
|
Licensed dog
|
7 days (if mail notice, from date of mailing)
|
B.
Redemption fees. At any time during the period of
redemption, the owner of any dog seized may redeem such dog, provided
that such owner produces proof that the dog has been licensed and
has been identified, and provided further that the owner pays the
redemption fees as set by resolution of the Board of Trustees.
[Amended 2-12-1997 by L.L. No. 3-1997]
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period, and the dog
shall then be available for adoption or euthanized. The Village shall
keep for one year a record of the disposition of all dogs seized,
which records shall be open to public inspection.
A.
The owner of a dog who is issued an appearance ticket pursuant to § 47-6 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If the person charged with the violation admits to
the violation as charged in the appearance ticket, he may complete
the appropriate form on such appearance ticket and forward such form
and appearance ticket to the office specified on such appearance ticket.
C.
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he may
complete the appearance ticket likewise prescribed for that purpose
and forward such appearance ticket to the Village Court. Upon receipt,
such answer shall be entered in the docket and a new return date established
by said Court. Such person shall be notified by mail of the date and
place of such return date and place of such return date and/or trial.
If a person shall fail to appear at a return date, a summons or a
warrant for arrest may be issued pursuant to the Criminal Procedure
Law.
D.
In the event that there is a violation of this article
based upon an information and not an appearance ticket, the Dog Control
Officer or other law enforcement officer shall immediately proceed
to file an information with a Village Justice so that the matter will
appear on the docket of the Village Justice Court as soon as possible.
The rules of procedure and proof applicable in criminal actions shall
apply.
[Amended 2-12-1997 by L.L. No. 3-1997]
Except as provided otherwise by § 119
of the Agriculture and Markets Law, any person convicted of a violation
of this article shall be deemed to have committed a violation and
shall be subject to a fine not exceeding $250 or imprisonment for
a period not to exceed 15 days, or both, together with any costs incurred
by the Village in furtherance of its enforcement of this article.
[Adopted 2-12-1997 by L.L. No. 3-1997]
No person or persons shall breed, raise, harbor
or maintain any chickens, turkeys, ducks, geese or any other fowl
or reptile or bees or any horses, cows, mules, goats or any other
animals except domesticated pets within the Village of Wappingers
Falls.
[Amended 12-13-2023 by L.L. No. 3-2023]
In any zoning district where kennels are permitted by Chapter 151 of the Village Code, kennels shall comply with the following provisions:
A.
The minimum area for a kennel shall be five acres.
B.
Kennels shall be screened from adjacent streets and
properties and should conform to landscaping as well as the conditions
established in the site plan approval process.
C.
There shall be no offensive odor, emitted by the use,
discernible at the property line of the lot.
D.
Any building housing animals shall be located at a
distance of at least 200 feet from any residential district boundary.
If soundproof construction is used, normal district setbacks and bulk
regulations shall apply.
No person or persons shall knowingly or willfully
permit any vicious animal to run at large in the Village of Wappingers
Falls. It is further ordained that any policeman or peace officer
may destroy without notice any vicious animal within the corporate
limits of Wappingers Falls.
Any person violating any provision of this article
may be punishable by a fine of not more than $250 or imprisonment
for a period not exceeding 15 days, or both.
