This chapter is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law
and Article 26 of the Agriculture and Markets Law.
The title of this chapter shall be "Animal Control
Law of the Village of Elmsford."
As used in this chapter, the following terms
shall have the meanings indicated:
AT LARGE
Any dog, cat or other domestic animal that is unleashed and
is on property open to the public or is on private property not owned
or leased by the owner of the animal unless permission for such presence
has been obtained.
DOG
Any male, female or neutered domestic canine.
DOMESTIC ANIMAL
As used herein, the term "domestic animal" shall have the
same definition as provided under New York State Agriculture and Markets
Law Section 108 but excluding any farm animal whether or not domesticated.
[Amended 12-6-2021 by L.L. No. 2-2022]
FARM ANIMAL
As used herein, the term "farm animal" shall have the same
definition as provided under New York State Agriculture and Markets
Law Section 350.
[Added 12-6-2021 by L.L.
No. 2-2022]
HARBOR
To provide food or shelter to any dog or domestic animal.
LEASH
A length of material or chain no longer than six feet of
sufficient durability to restrain an animal from roaming at large.
OWNER
Any person who harbors or keeps any dog, cat or other domestic
animal. In the event that any dog, cat or other domestic animal found
in violation of this chapter shall be owned by a person under 18 years
of age, the owner shall be deemed to be the parent or guardian of
such person or the head of the household in which said person resides.
RESPONSIBLE PARTY
Any person owning, harboring, or having custody or control
of a dog.
[Added 12-6-2021 by L.L.
No. 2-2022]
TETHERING
To restrain a dog by attaching the dog to any object or structure,
including, without limitation, a house, tree, fence, post, garage,
or shed, by any means, including, without limitation, a chain, rope,
cord, leash, or running line. Tethering does not include the use of
a leash to walk a dog.
[Added 12-6-2021 by L.L.
No. 2-2022]
TORTURE OR CRUELTY
Includes every act, omission or neglect whereby unjustifiable
physical pain, suffering or death is caused or permitted.
WEATHER ALERT
A warning issued by the National Weather Service for heat
advisory, frigid weather, snow or ice storm, tornados, tropical storm,
high winds or thunderstorms.
[Added 12-6-2021 by L.L.
No. 2-2022]
Pursuant to Article 26 of the Agriculture and
Markets Law, it shall be unlawful for any person in the Village of
Elmsford, by act, omission or neglect, to cause or permit torture
or cruelty to be visited upon any animal in the village.
Any person who observes any person, dog, cat
or other domestic animal in violation of this chapter may file a complaint
under oath with a Justice of the Village of Elmsford specifying the
nature of the violation, the date thereof, a description of the dog,
cat or other domestic animal and the name and residence, if known,
of the owner of such animal. Such complaint may serve as the basis
for enforcing the provisions of this chapter.
[Amended 11-6-2000 by L.L. No. 7-2000]
Any Animal Control Officer, police officer or
Building Inspector in the employ of or under contract to the Village
of Elmsford observing a violation of this chapter in his or her presence
may issue and serve an appearance ticket for such violation or take
any other such action as provided for in the Agriculture and Markets
Law.
[Amended 12-6-2021 by L.L. No. 2-2022]
A. Each and every violation of this chapter except with respect to tethering of dogs under §
89-13 below, shall be punishable by a fine of not more than $50 for the first offense.
B. After an individual has been convicted of a violation of any provision of this chapter except with respect to tethering of dogs under §
89-13 below, any subsequent conviction for a violation of any provision of this chapter other than with respect to tethering as provided in §
89-13 below shall be punishable by a fine of not less than $50 nor more than $250 and/or imprisonment for not more than 15 days.
C. For the purpose of determining a violation of this chapter, the prior
conduct of the person, dog, cat or other domestic animal shall be
admissible, whether or not such conduct has resulted in an individual's
being convicted of a violation of this chapter or any other law or
ordinance applicable thereto.
D. Notwithstanding anything herein to the contrary, any violation of §
228-3E of this Code pertaining to noise generated by animals shall constitute a separate and distinct offense.
[Added 12-6-2021 by L.L.
No. 2-2022]
A. Notwithstanding anything in this Chapter
89 to the contrary, no person shall keep, harbor, or shelter any farm animal, including, without limitation, any chicken or rooster, within the Village of Elmsford.
B. In addition to the applicable penalties provided in §
89-11 of this chapter, the owner or occupant of property on which any farm animal, including, without limitation, any chicken and/or rooster, may be found shall be responsible at its sole cost and expense to remove said chicken and/or rooster from the property within 24 hours of the issuance of a violation therefore. Each day that a violation shall continue shall constitute a separate offense.
C. Any farm animals, including, but not limited to, any chickens or
roosters, as may be located in the Village of Elmsford at the time
of the adoption of this law shall be removed permanently from the
Village within 60 days of the effective date hereof.
[Added 12-6-2021 by L.L.
No. 2-2022]
A. It shall be unlawful for any responsible party to tether, leash,
fasten, secure, restrain, chain or tie a dog to any stationary object
outdoors or cause such dog to be restrained in a manner that:
(1) Endangers such dog's health, safety or well-being;
(2) Restricts such dog's access to suitable and sufficient food
and water;
(3) Does not provide the dog with shelter appropriate to its breed, physical
condition, and the climate as defined by Section 353-b of the New
York State Agriculture and Markets Law; or
(4) Unreasonably limits the movement of such dog because the tether is
too short for the dog to move around or for the dog to urinate or
defecate in a separate area from the area where it must eat, drink
and lie down.
B. Notwithstanding the provisions of Subsection
A of this section, no responsible party shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
(1) Is a choke collar, pinch collar, or similar collar that restrains
the dog in such a manner that it impairs the flow of oxygen or blood
to the dog, which may cause choking or causes substantial discomfort
to the dog;
(2) Is embedded, partially embedded or may become embedded in such dog's
skin;
(3) Has weights attached or contains links that are more than 1/4 inch
thick;
(4) Weighs more than 12.5% of the dog's total body weight, not to
exceed 15 pounds for any dog;
(5) Is less than 10 feet in length for a running cable trolley and 15
feet in length for a tether to a stationary object, but in no event
shall the tether be long enough to allow the dog to move outside the
responsible party's property;
(6) Because of its design or placement, the tether is likely to become
entangled;
(7) Would allow the restrained dog to move over an object or edge that
could result in the strangulation of or injury to such dog.
C. Notwithstanding the provisions of Subsection
A of this section, no responsible party shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors if the dog is:
(1) Less than six months of age;
(3) A nursing mother whose offspring is present.
D. Multiple dogs shall not be tethered or restrained in such a manner
that the dogs are able to come in contact with one another at any
point while restrained.
E. Notwithstanding the provisions of Subsection
A of this section, a dog may be tethered outside for a maximum of 12 hours in any twenty-four-hour period, except that a dog may not be tethered outside when the National Weather Service has issued a weather alert.
F. Tethered dogs must be free of cruel conditions or inhumane tethering
at any time. For purposes of this section, "cruel conditions or inhumane
tethering" shall include the following:
(1) Exposure to animal waste, garbage, noxious odors or objects that
could injure or kill a dog;
(2) Exposure to taunting, prodding, provoking, hitting, harassing, threatening
or otherwise harming a tethered or confined dog;
(3) Exposing a dog to dangerous conditions, including potential attacks
by other animals.
G. Nothing in this article shall be construed to affect any other protections
offered to dogs under any other provision of law, including, but not
limited to, the requirements of adequate shelter pursuant to Section
355-b of the New York State Agriculture and Markets Law.
[Added 12-6-2021 by L.L.
No. 2-2022]
Notwithstanding §
89-11 to the contrary, each and every violation this §
89-13 shall be subject to the following:
A. A responsible party who is found to have violated the provisions of this §
89-13 shall, for a first offense, be guilty of a violation punishable by a fine no more than $250 and/or an educational component at the court's discretion, provided that such responsible party shall be issued a written warning instead of a fine for such first offense where the dog was not injured as a result of being restrained in violation of this §
89-13.
B. A responsible party who is found to have violated the provisions of this §
89-13 a second time within a twelve-month period shall be guilty of a violation punishable by a fine no more than $500 and/or 50 hours of community service, plus reimbursement of investigation costs.
C. A responsible party who is found to have violated the provisions of this §
89-13 a third time within a continuous twelve-month period starting from the first offense shall be guilty of a violation punishable by a fine no more than $1,000 and/or 100 hours of community service, plus surrender of the dog if so directed by the court, plus reimbursement for investigations costs.
D. Violations of this §
89-13 may be supported by evidence, including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.