[HISTORY: Adopted by the Board of Trustees of the Village of Morrisville:
Art. I, 5-22-1958 as Art. III, Secs. 3.2 and 3.3 of the 1958 Code of Ordinances,
amended in its entirety 12-12-1991 by L.L. No. 1-1991; Art. II, 7-13-1978
as L.L. No. 1-1978. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 123.
The keeping of horses, cows, swine, fowl and poultry in the corporation
limits is absolutely forbidden.
A person must not suffer or permit to run at large any animal of dangerous
disposition as provided in § 121 of the New York Agriculture and
Markets Law.
Except as otherwise provided by Article 7 of the Agriculture and Markets
Law, any violation of this Article shall be punishable by a fine not exceeding
$250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Adopted 7-13-1978 as L.L.
No. 1-1978]
The purpose and intent of this Article shall be to preserve the public
peace and good order of the Village of Morrisville, Madison County, New York,
to contribute to the public welfare and to the preservation and protection
of the property and person of the inhabitants of said village by declaring
and enforcing certain regulations and restrictions on activities of dogs and
owners of dogs within the village.
[Amended 9-7-1995 by L.L.
No. 2-1995]
This article shall not apply to dogs owned by such persons or confined
to such societies, hospitals or institutions as defined by Article 7, § 107,
of the Agriculture and Markets Law.
As used in this article, the following terms shall have the meanings
indicated:
Any dog shall be deemed at large when it is off the property of its
owner and not under restraint.
Any dog, both male and female, whether such female dog is spayed
or not.
Any person who owns, keeps, harbors or has the care, custody or control
of a dog. Dogs owned by minors shall be deemed to be in the custody and control
of the minor's parents or other head of the household where the minor resides.
A dog is under restraint when it is controlled by a leash or in the
presence of a competent person and obedient to that person's commands or on
or within a vehicle being driven or parked on the street or within the property
limits of its owner or keeper or upon the premises of another with the consent
of such other person.
[Amended 9-7-1995 by L.L.
No. 2-1995]
The position of Dog Control Officer may be created by the Village Board
of the Village of Morrisville, and such Dog Control Officer shall have all
of the powers of a peace officer in the execution of this Article and in the
execution of Article 7 of the Agriculture and Market Law, including the service
of summons and the service and execution of any other order of process, including
appearance tickets. Every dog seized by the Dog Control Officer shall be maintained,
redeemed, sold or destroyed in accordance with Article 7 of the Agriculture
and Market Law.
A.
No owner shall permit or allow a dog to run at large within the Village of Morrisville, unless such dog shall be restrained as provided in § 49-6 herein.
B.
No dog shall be permitted to cause damage or destruction
to property or commit a nuisance or to defecate upon any premises other than
upon the premises of the dog's owner or of the person(s) harboring such dog.
If a dog defecates upon any premises other than upon the premises of the dog's
owner or of the person(s) harboring such dog, the owner(s) of said dog or
the person(s) harboring such dog shall immediately remove, and properly dispose
of, any feces so deposited by such dog.
[Amended 7-9-1998 by L.L.
No. 5-1998]
C.
No owner shall keep or harbor a dog which howls or barks
so as to disturb the peace and quiet of other persons.
D.
No dog shall be permitted to chase or otherwise harass
any person in such manner as to reasonably cause intimidation or to put such
person in reasonable apprehension of bodily harm or injury except in defense
of property or inhabitants.
E.
No dog shall be permitted to chase or bark at moving
motor vehicles, bicycles, animals or snowmobiles.
F.
No unspayed female dog in season shall be permitted to
be outside a building or a fenced enclosure, except that the owner may exercise
such dog while on a securely fastened leash not more than six feet long.
G.
No owner shall fail to provide dogs with sufficient good
and wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering and with humane care and
treatment.
Pursuant to § 119 of the Agriculture and Markets Law, owning
or harboring a dog within the Village of Morrisville unless such dog is licensed
as required by the provisions of the Agriculture and Markets Law shall be
a violation. The fact that a dog is without a license tag, attached to a collar,
shall be presumptive evidence that the dog is unlicensed.
A.
Any person who observes a dog violating or which is being permitted to violate any of the restrictions set forth in § 49-8 herein may file a complaint, signed under oath, with the Village Justice, Village of Morrisville, specifying the violation, the date thereof, damage, if any, caused, a description of the dog and name and residence, if known, of the owner or other person harboring such dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog or the owner thereof, the Village
Justice shall, upon a three-day notice, summon the alleged owner or other
person harboring said dog to appear in person before him to answer to said
complaint. If the summons is disregarded, the Justice may permit the filing
of any information and issue a warrant for the arrest of such person.
Except as otherwise provided by the Agriculture and Markets Law, a violation
of this Article shall be deemed an offense, and a violation thereof shall
be punishable by a fine of not more than $250 for each violation or imprisonment
for not more than 15 days, or by both such fine and imprisonment.
A.
Any violation of this Article observed by or acted upon
by the Dog Control Officer shall subject the owner of such dog to civil penalties,
which shall be in addition to or instead of such other penalty or fine, as
may be provided for in this Article or pursuant to Article 7 of the Agriculture
and Market Law.[1]
B.
For the first violation of § 49-8, the Dog Control Officer shall, upon determination and identification of the dog, serve, mail or deliver a notice of first violation specifying the time, place, date and nature of violation upon the owner of the dog, and which notice shall instruct the owner to report at the Village Clerk's office of the Village of Morrisville, New York, in regard to said violation. Each such owner shall, within seven days of the time at which such notice was served, mailed or delivered, pay to the village, as an additional civil penalty for such violation, the sum of $15.[2]
C.
For a second or subsequent violation of § 49-8 within a one-year period, the Dog Control Officer may, upon determination and identification of the dog, seize the same and hold the same for redemption or otherwise as provided in § 118 of the Agriculture and Market Law; in addition to such seizure and in any event, whether or not such seizure is made, the Dog Control Officer shall serve, mail or deliver to the owner of the dog a notice of second violation, and which notice shall instruct the owner to report to the Village Clerk's office in regard to such violation. Each owner shall, within 12 days of the time when such notice was served, mailed or delivered, pay to the village, as an additional civil penalty for such violation, the sum of $25.[3]
D.
The failure of such owner to make payment to the Village
Clerk shall render the owner subject to a civil action, in the name of the
village, to recover from the owner the applicable penalty established in this
section.
