[HISTORY: Adopted by the Board of Trustees of the Village of Montebello as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-1988 by L.L. No. 10-1988]
This article shall be cited and may be referred to hereinafter as the "Dog Control Law of the Village of Montebello."
It is the intention of the Village Board of the Village of Montebello by the adoption of this article to preserve public peace and good order in the Village and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs which are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Village of Montebello.
For the purpose of this article, the following terms shall have the following meanings:
- AT LARGE
- Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is a guide dog actually leading a blind person or is a police work dog in use for police work or is accompanied by its owner on other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
- Any member of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any individual appointed by the Village of Montebello to assist in the enforcement of this article.
- To provide food or shelter to any dog.
- Any person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents or other head of household where the minor resides. Any person harboring a dog for a period of one week shall be deemed to be the owner of the dog for the purpose of enforcing this article.
- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
It shall be unlawful for any owner of a dog in the Village of Montebello to permit or allow such dog to engage in the following enumerated acts:
Running at large. It shall be unlawful for any owner of a dog within the limits of the Village of Montebello to permit such dog, whether licensed or not, to be at large elsewhere than on the premises of the owner or on the premises of another person without the knowledge and consent of such other person, unless such dog is on a leash or under the full and immediate control of a person in charge of said dog.
Nuisance. It shall be unlawful for any owner of a dog in the Village of Montebello to permit or allow such dog to engage in habitual loud howling, barking or whining so as to create a public nuisance or create an unreasonable noise disturbance across real property boundaries.
Dangerous dogs. It shall be unlawful for any dog owner who knows or has reason to know of any dangerous and vicious propensities of said dog to permit the dog to run at large in the Village of Montebello.
If any dog shall attack any person who is peaceably conducting himself in any place where he may lawfully be, such person or any other person witnessing the attack may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
If any dog shall attack, chase or worry any domestic animal, as defined in § 108 of Article 7 of the Agriculture and Markets Law of New York State, while such animal is in any place where it may lawfully be, the owner or caretaker of such domestic animal or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, chasing, worrying or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a Dog Control Officer of the Village of Montebello. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection C(4) of this section, and if there is reason to believe the dog is a dangerous dog, the Officer shall forthwith commence such proceeding himself.
Any person may, and any Dog Control Officer as provided in Subsection C(3) hereof shall, make a complaint under oath or affirmation to any Municipal Judge or Justice of such attack, chasing or worrying. Thereupon, the Judge or Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Dog Control Officer or peace officer, directing such Officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Judge or Justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the Judge or Justice shall then order the owner or any Dog Control Officer or peace officer to destroy the dog immediately or shall order the owner to confine securely such dog permanently or at such time as otherwise specified in the order. If the owner fails to destroy or confine the dog as required by such order, any Dog Control Officer or peace officer shall destroy such dog on or off the premises of the owner.
Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.
Interference with enforcement officer. It shall be unlawful for any person or persons to hinder, molest or interfere with any officer or agent of the Village in the performance of any of the provisions of this article.
Violation of article. It shall be unlawful for any person to violate any provision of this article whether or not he has any knowledge of or intends any violation of said article.
The duly appointed Dog Control Officer or any peace officer shall seize and impound any dog found at large in violation of this article. The Dog Control Officer or peace officer shall deliver such dog to a pound or shelter or to the Society for the Prevention of Cruelty to Animals and notify the Montebello Village Clerk-Treasurer of the identity of the owner of the dog if the same can be established. If the dog's owner can be properly identified, then the dog shall be held and maintained for a period of 10 days for redemption or, if it cannot be properly identified, for a period of five days. Thereafter, it may be held and offered for adoption for an indefinite period or humanely destroyed at the discretion of the Dog Control Officer.
Any person claiming a dog from the pound or shelter of the Society for the Prevention of Cruelty to Animals must produce a license for such dog and pay the cost of confinement. If the dog is not licensed, a license must be provided and the owner will also be subject to a fine as provided in § 48-8.
[Amended 6-22-2005 by L.L. No. 4-2005]
Prior to its release to other than the dog's owner, the dog shall have been spayed or neutered or the person claiming the dog shall have executed an agreement to have the dog spayed or neutered, in accordance with § 377-a of the Agriculture and Markets Law.
[Added 6-22-2005 by L.L. No. 4-2005]
The Village Board of the Village of Montebello shall contract and appoint one or more Dog Control Officers for the purpose of assisting, within the appointing municipality, with the control of dogs and the enforcement of this article and the provisions promulgated pursuant thereto.
The appointed Dog Control Officer shall serve at the will of the Village and shall be paid such compensation as duly established for such services plus expenses, not exceeding, however, the amounts set forth in the budget therefor.
[Amended 6-22-2005 by L.L. No. 4-2005]
Every Dog Control Officer shall have all the powers of a peace officer in enforcing the provisions of this article and the applicable provisions of Article 7 of the Agriculture and Markets Law.
Any person aggrieved by any dog, as defined in § 48-3 of this article, may on his or her own motion apply to any court having jurisdiction for all the relief the law provides.
Any person committing an offense against or violating any section or provision of this article shall, upon conviction, be punished by a fine not exceeding $25 for the first offense, $50 for the second offense within five years and $100 or imprisonment for not more than 15 days, or both, for the third and subsequent offenses within five years.
[Amended 6-22-2005 by L.L. No. 4-2005]
The remedies contained within this article shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this article preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.
This article supersedes, and is in derogation of, Chapter 163 of the Code of the Town of Ramapo, County of Rockland, State of New York. This law is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.