[Adopted 9-18-1973]
This article is adopted pursuant to Article
7 of the Agriculture and Markets Law of the State of New York and
the Village Law of the State of New York for the promotion of the
public welfare and health and general welfare of the community, including
the protection and preservation of the property of the Village and
all its inhabitants, and of peace and good order in the controlling
and regulating of muzzled and unmuzzled dogs in the Village of McGraw
and to provide for the enforcement thereof.
As used in this article, unless the context
otherwise indicates, the following definitions shall apply:
Other than on the premises of the owner or on the premises
of another person without the knowledge, consent and approval of said
other person.
Both male and female dogs, both licensed and unlicensed.
Any person, firm, association or corporation owning, harboring,
keeping or having custody or control of any dog.
A.
It shall be unlawful for any owner of or any person
harboring any dog in the Village of McGraw to permit or allow such
muzzled or unmuzzled dog to:
(1)
Run at large, unless said dog is restrained by an
adequate collar and leash not to exceed eight feet in length or unless
accompanied by its owner or a responsible person able to control the
animal.
(2)
Engage in habitual loud howling or barking or to conduct
itself in such a manner so as to habitually annoy any person other
than the owner or owners harboring such dog.
(3)
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or persons
harboring such dog.
(4)
Chase or otherwise harass any person in such a manner
as to reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
(5)
Habitually chase or bark at motor vehicles.
B.
It shall be unlawful for the owner or person harboring
any female dog to permit such dog to run at large when in heat, and
such dog shall be confined to the premises of such person during such
period.
[Amended 11-5-1985 by L.L. No. 7-1985]
A.
Any dog found to be running at large in violation
of § 118 of the Agriculture and Markets Law or in violation
of any provision of this article shall be seized, and such dog shall
be properly fed and cared for until disposed of as provided by § 118
of the Agriculture and Markets Law of the State of New York.
B.
Impoundment fees and all fees and charges provided
for in this article or in the Agricultural and Markets Law of the
State of New York shall be set or modified from time to time by resolution
of the Village Board.
A Dog Control Officer, to be designated by the
Village Board as provided by § 114 of the Agriculture and
Markets Law, may enforce the provisions of this article and may also
investigate and report to the Village Justice of the Village of McGraw
any dangerous dog as described in § 121 of the Agriculture
and Markets Law and see that the order or orders of the Village Justice
in such case are carried out.
A.
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or committing a nuisance
upon the premises of a person other than its owner may file a signed
complaint, under oath, with the Village Justice of the Village of
McGraw specifying the objectionable conduct of the dog, the date thereof,
the damage caused, a description of the dog and name and residence,
if known, of the owner or other person harboring said dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, the Village Justice may
summon the alleged owner or other person harboring said dog to appear
in person before him; if the summons is disregarded, the Village Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
[Amended 4-17-1996 by L.L. No. 2-1996]
A violation of this article shall be deemed
an offense against the article, and any person convicted of violation
after investigation and hearing shall be liable to a penalty of not
more than $250 or imprisonment for not more than 15 days, or both
such fine and imprisonment, for each violation, together with such
costs as may be incurred by the Village in connection therewith, provided
that such costs and penalties shall not contravene §§ 118
and 119 of the Agriculture and Markets Law.
[Added 7-6-1976 by L.L. No. 1-1976]
The Dog Control Officer or a peace officer observing
a violation of this article in his presence shall issue and serve
an appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by the Board by resolution.
