[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 10-1-1974 as L.L. No. 1-1974, which local law supersedes former Ch. 23, Dogs, adopted 12-27-1937 as Section 9 of Ordinance II, as amended in its entirety 5-9-1966. Amendments noted where applicable.]
The dogs in the Village of Bayville have, in some instances, been allowed to cause annoyance and damage to the person and property of others, and it appearing further that dogs properly cared for serve a useful purpose, the Village Board of the Incorporated Village of Bayville enacts the following chapter to preserve the relationship between a dog and his master and at the same time to protect the health, safety and property of others from annoyance and damage caused by dogs.
The title of this chapter shall be the "Dog Control Law of the Incorporated Village of Bayville."
As used in this chapter, the following terms shall have the meanings indicated:
- Both male and female dog.
- DOG 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 his consent unless effectively restrained in the immediate custody and control of the owner or custodian of the dog by a chain or leash not exceeding six (6) feet in length affixed to the collar or harness of the dog.
- DOG WARDEN
- The person authorized by the Village Board from time to time, by resolution, to enforce the provisions of this chapter. The Dog Warden shall be authorized to draw on information and obtain supporting affidavits for submission to the Village Justice Court.
- Any person or persons, firm, association or corporation owning or keeping a dog. In the event the owner of any dog committing an infraction against any provision of this chapter shall be under the age of eighteen (18) years, the head of the household in which said owner resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog.
- The area within the corporate limits of the Village of Bayville.
[Amended 1-22-1979 by L.L. No. 2-1979; 12-10-1979 by L.L. No. 14-1979]
All dogs kept, harbored or maintained in the Incorporated Village of Bayville shall be licensed if running at large and/or over six (6) months of age, and all owners must comply with all pertinent laws and provisions incident to obtaining such license and the wearing of a license tag by a dog. The license fee for each spayed or neutered dog shall be five dollars ($5.), and the license fee for each unspayed or unneutered dog shall be ten dollars ($10.).
[Amended 1-22-1979 by L.L. No. 3-1979]
Running at large prohibited. No dog, whether licensed or unlicensed, muzzled or not muzzled, shall be allowed to run at large in any street, sidewalk, lane or public avenue. It shall be unlawful and an infraction hereunder for any owner of a dog hereinabove defined to permit a dog, whether licensed or unlicensed, to be at large within the village, unless effectively restrained in the immediate custody and control of the owner or custodian of the dog by a chain or leash not exceeding six (6) feet in length affixed to the collar or harness of the dog.
Nuisances prohibited. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog 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. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
The person who so curbs such dog shall immediately remove, in a sanitary method, all feces deposited by such dog.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this chapter.
Any dog found at large and not under effective restraint as required herein may be seized by any duly appointed Dog Warden, any Assistant Dog Warden, peace officer or duly authorized officer or representative of the Incorporated Village of Bayville, or the American Society for the Prevention of Cruelty to Animals, and confined and impounded in a pound designated by the village. Any dog so found at large not under effective restraint that cannot be safely seized may be destroyed by such Dog Warden, Assistant Dog Warden, peace officer or other duly authorized officer. Any dog so found at large which is wounded and in need of emergency veterinary care shall be taken for such care as soon as possible by the person seizing said animal.
The owner, or his agent, of a dog seized not wearing a current license tag may redeem the dog within seven (7) days of seizure by producing a license for the dog and upon payment of a fee of forty dollars ($40.) and any fees necessary under Subsection E hereof.
[Amended 9-23-1991 by L.L. No. 6-1991]
The owner, or his agent, of a dog seized wearing a current license tag may redeem the dog within seven (7) days of the seizure by producing a license for the dog and upon a fee of fifteen dollars ($15.).
[Amended 9-23-1991 by L.L. No. 6-1991]
In case of a sale, pursuant to Subsection C, the purchaser must pay the purchase price of two dollars ($2.) and obtain a license for the dog purchased.
[Amended 3-28-1977 by L.L. No. 2-1977]
The Village Board may from time to time, by resolution, adopt rules and regulations under this chapter.
The Dog Warden, Assistant Dog Warden or any person duly authorized to enforce the provisions of this chapter may issue an appearance ticket pursuant to the Criminal Procedure Law for any violation of this chapter. An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five (5) days of the violation in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form and a check or money order in the amount of the penalty for the violation charged in conformity with the schedule printed on said summons and adopted by a resolution of the Board of Trustees; and forward such form and appearance ticket to the Clerk of the Bayville Village Court.
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete an appropriate form likewise prescribed for that purpose and forward such form and appearance ticket, together with security in the amount of fifteen dollars ($15.), to the Clerk of the Bayville Village Court. Upon receipt, such answer shall be entered and a new return date established by said Clerk. Such person shall be notified by return mail of the date and place of such return date and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
Editor's Note: This local law also provided that it is the intent of the Board of Trustees to provide for the implementation of an orderly disposition of dog violations in conformity with § 126 of the Agriculture and Markets Law.
No liability shall be imposed upon any employees of the village or the Incorporated Village of Bayville for the destruction or sale of any dog pursuant to the provisions of this chapter.
For any infraction of the provisions of § 23-5 by any person or persons, association or corporation, the perpetrator shall be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a definite term not exceeding fifteen (15) days for each such infraction, or by both such fine and imprisonment.