[Amended 10-1-2002 by L.L. No. 5-2002]
This chapter shall be known and may be cited as the "Dog Control Law
of the Village of Pelham, New York."
[Amended 10-1-2002 by L.L. No. 5-2002]
The Village Board of the Village of Pelham finds that the running at
large and other uncontrolled behavior of licensed and unlicensed dogs have
caused physical harm to persons, damage to property and have created nuisances
within the Village. The purpose of this chapter is to protect the health,
safety and well-being of persons and property by imposing restrictions on
the keeping and running at large of dogs within the Village.
As used in this chapter, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms shall
have the meanings indicated:
AT LARGE or RUN 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 knowledge,
consent and approval for such presence have been obtained. No dog shall be
deemed to be at large if it is:
A.
A guide dog actually leading a blind or otherwise impaired person.
B.
A police dog in use for police work.
DOG
Any member of the species Canis familiaris.
HARBOR
To provide food or shelter to any dog on a continuing basis.
OWNER
Any person who harbors or keeps any dog or has the custody or control
of any dog.
VICIOUS DOG
Any dog which is habitually quarrelsome with other dogs or any dog
known to have bitten more than one person or any person more than once if
at the time of each bite the person who was bitten was peaceably conducting
himself in any place where he may lawfully be.
No owner of any dog, unless the dog is or has been lost, such loss was
promptly reported to the police and a reasonable search has been made, shall
permit such dog to:
A. Run at large in any street or in any public place unless
restrained by a chain or leash not exceeding six feet in length.
B. Be on any playground or school property whether or not
restrained by a chain or leash.
C. Defecate on any sidewalk, driveway, public park, playground
or school property or on private property.
D. Chase or harass any person in such a manner as to put
such person in reasonable apprehension of bodily harm or injury.
E. Engage in habitual loud howling, barking, crying or whining
or conduct itself in such a manner as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
F. Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property without the consent or approval of
the owner thereof.
G. Habitually chase, run alongside of or bark at motor vehicles,
motorcycles or bicycles while on a public street, highway or place or upon
private property without the consent or approval of the owner of such property.
H. Be tied or fastened to any tree, hedge, post or other
stanchion upon any highway or sidewalk.
[Amended 10-1-2002 by L.L. No. 5-2002]
It shall be the duty of any person who owns, harbors or has the custody
or control of any dog immediately to remove any feces left by such dog on
any sidewalk, walk, driveway, gutter, street, public park, playground or other
public place or on school property or on private property without the consent
of the owner of such property; provided that this provision shall not be applicable
to a blind person while actually using a guide dog licensed as such. Failure
to remove and dispose of such filth, except as provided above, shall render
such person liable for the penalties provided in this chapter.
It shall be unlawful for any person to own, keep or harbor within the
Village:
[Amended 10-1-2002 by L.L. No. 5-2002; 11-21-2006
by L.L. No. 5-2006]
A. Any neglect, failure or refusal to comply with any provision
of this chapter shall be deemed a violation thereof.
B. Anyone who commits or is an accessory to the commission of a
violation of this chapter shall be subject to a fine of no less than $40 and
no more than $250.
This chapter shall take effect immediately upon its filing with the
Secretary of State.