ARTICLE IControl of Animals (§ 86-1 — § 86-5)
ARTICLE IICurbing of Dogs (§ 86-6 — § 86-8)
§ 86-1Permit required; exceptions.
§ 86-2Running at large.
§ 86-3Dogs.
§ 86-4Carcasses.
§ 86-5Penalties for offenses.
Permits. No person shall hereafter keep or house horses, cattle, sheep, swine, poultry or pigeons or any animals other than household pets or operate a kennel of three or more dogs over six months old within the limits of the village without a permit from the Board of Trustees. Such permit may be granted for a period of one year unless it shall appear from the complaints of neighbors, or otherwise, that the keeping of the animals in question is objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees. Any use heretofore existing shall not extend beyond two years from the enactment of this article unless a permit is granted pursuant to this section.
This section shall have no application to such public pound as may be established by the Village of Blasdell nor to an animal hospital for the treatment, care, observation or temporary boarding of dogs or cats if such hospital shall be operated by a person licensed to practice veterinary medicine under the provisions of the New York State Education Law.
Permits shall be required for keeping animals as defined in this section. The annual fee shall be as set by the Board of Trustees, nonrefundable if the permit is revoked.
No horses, cattle, swine, poultry or pigeons shall be allowed to run at large in the village.
Purpose. The purpose of this section shall be to preserve the public peace and good order in the Village of Blasdell and to contribute to the public welfare and the preservation and protection of the property and the persons of the inhabitants of said village by declaring and enforcing certain regulations and restrictions on activities of dogs within the village.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- AT LARGE
- Elsewhere than on the premises of the owner, or on the premises of another person without the knowledge, consent and approval of said other person(s).
- DOG
- Both male and female dogs, both licensed and unlicensed.
- DOG CONTROL OFFICER
- A person authorized by the Village Board of Trustees to enforce the provisions of this section and provisions of the Agriculture and Markets Law of the State of New York.
- OWNER
- Any person, firm, association or corporation owning, harboring, keeping or having the custody or control of any dog.
Control of dogs.
No person owning, harboring or having the care, custody or charge of any dog, whether male or female, or whether licensed or not, shall allow or permit such dog at any time to run at large within the Village of Blasdell, unless such dog shall be effectively restrained by a chain or leash not exceeding 12 feet in length in the care of a competent person. In no event should said dog enter upon the lands of another without his consent.
No owner of a dog or a duly approved kennel within the Village of Blasdell shall suffer or permit any dog or dogs to create any unreasonably loud or disturbing noise of such intensity and duration as to be detrimental to the life, health or welfare of any individual, and the violation of any provisions hereof is prohibited and deemed to be a public nuisance, and such dog or dogs shall be so housed and confined in a place so constructed as to prevent such disturbing and unnecessary noise, due consideration being given to the circumstances, the time of day, the particular location of each violation and the demands of the public health, safety and welfare.
Redemption; impoundment fees.
Any dog found to be at large and seized by any Dog Control Officer or peace officer shall be held for the redemption period and may be redeemed by the owner within the time and in the manner prescribed by § 118 of Article 7 of the Agriculture and Markets Law of the State of New York, provided that the owner pays the following impoundment fees and that said owner shows due proof that the dog is duly licensed or that said owner thereupon properly licenses said dog:
For the first impoundment of any dog owned by that person: $30.
For the second impoundment within one year of the first impoundment of any dog owned by that person: $40.
For the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person: $50.
Failure of an owner to redeem any dog, after due notice, shall not relieve said owner from payment of the prescribed impoundment fees set forth herein and as set forth in Article 7 of the Agriculture and Markets Law of the State of New York.
Penalties for offenses.
It shall be a violation, punishable as provided in Subsection F(2) of this section, for the owner of any dog to permit, at any time, a violation of this section.
A violation of this section shall be punishable, where prosecuted, pursuant to the Penal Law, by a fine of not more than $50, except that:
Where the person was found to have violated this section within the preceding five years, the fine may not be more than $100.
Where the person was found to have committed two or more such violations within the preceding five years, the violation shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.
Enforcement.
It shall be the duty of the Dog Control Officer of the Village of Blasdell to enforce the provisions of this section.
A Dog Control Officer shall have all powers of a constable or a peace officer in the execution of the provisions of this section, including the service of a summons and/or the service of an appearance ticket, pursuant to § 114 of the Agriculture and Markets Law of the State of New York, and shall keep such records as required by this article and by Article 7 of the Agriculture and Markets Law of the State of New York.
No person shall bring, deposit or leave exposed within this village any dead carcasses or other unwholesome or offensive substance.
A violation of this article and conviction thereof shall be punishable by a fine not to exceed $25, unless the amount of any such fine is specifically prescribed or limited by the Agriculture and Markets Law of the State of New York for each and every offense.
§ 86-6Disposal of feces.
§ 86-7Penalties for offenses.
§ 86-8Enforcement.
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, play area, park or any place where people congregate or walk or upon 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 curb lines which shall be used to curb such dog under the following conditions:
The person who curbs such dog shall immediately remove all feces that was deposited by such dog.
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed by flushing the same down a sanitary sewer system or by use of a chemical container causing disintegration. In the event that a chemical container is used, ultimate disposal must be made in accordance with the Department of Environmental Conservation regulations concerning solid waste disposal.
Any person who violates or refuses to comply with this article shall be liable to pay a fine not exceeding $250 or be sentenced to imprisonment for a term not more than 15 days, or both, upon conviction before any village justice.
Provisions of this article shall be enforced by the police department serving the residents of the Village of Blasdell.
