[HISTORY: Adopted by the Board of Trustees of the Village of Elmira
Heights: Art. I, 11-22-1994 as L.L. No. 4-1994.
Amendments noted where applicable.]
[Adopted 11-22-1994 as L.L. No. 4-1994]
The intent of the Board of Trustees of the Village of Elmira Heights
is to regulate the care and maintenance of domesticated animals residing within
village limits, to promote public health and welfare and to protect residents
from the annoyance associated with unsupervised and poorly cared for animals.
The title of this Article shall be the "Domesticated Animal Control
Law of the Village of Elmira Heights."
As used in this Article, the following terms shall have the meanings
indicated:
- ANIMALS AT LARGE
- Designates and describes each animal at all times when it is off the premises of the owner or is on the premises of another without consent unless effectively restrained and in the immediate custody and control of the owner or custodian of the animal by a chain or leash not exceeding six feet in length affixed to the collar or harness of the animal.
- DOMESTICATED ANIMAL
- A male or female dog, cat, bird or any other animal kept as a pet, guard dog or any other reason when that animal generally resides at a home within the village limits.
- OWNER
- The person, persons, firm, association, partnership or corporation owning and keeping the animal. In the event that the "owner" of the animal is under the age of 18, the head of the household in which the minor child and the animal reside shall be deemed the "owner" and shall be responsible for any acts of the animal.
No animal, whether licensed or not, shall be allowed to run at large
in any street, sidewalk, lane or public avenue or on any other public or private
property unless that property is owned by the animal owner or unless the animal
owner has the explicit consent of the owner of the property.
A.
No person owning, harboring, keeping or in charge of
any animal shall cause or allow such animal to soil, defile, defecate or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play
area, park or any place where people congregate or walk or on any public property
whatsoever or on any private property without the permission of the owner
of said property. This restriction shall apply to all areas of the village,
and it shall be considered a violation of this section if an owner does not
immediately and in a sanitary fashion remove and dispose of any and all animal
waste.
B.
No person owning, harboring, keeping or in charge of
any animal shall cause or allow such animal to defecate in an area on his/her
own property and allow such animal waste to remain without collecting and
disposing of said waste in a sanitary fashion. It shall be a violation of
this section to allow animal waste to collect in such a way as to allow it
to become a nuisance to neighboring property owners.
C.
It shall be a violation of this section to allow an animal
to:
(1)
Engage in habitual loud howling, barking or whining.
(2)
Cause damage to public or private property.
(3)
Bite, chase, jump upon or otherwise harass any person
in such a manner to put such person in reasonable apprehension of bodily harm
or injury.
(4)
Chase, leap on or otherwise harass bicycles or motor
vehicles.
(5)
Kill or injure any other domesticated animal.
(6)
Be unlicensed in accordance with applicable state laws.
