[HISTORY: Adopted by the Village Board of the Village of
Churchville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-6-1970 (Ch.
50, Art. I, of the 1984 Code)]
The purpose of this article shall be to preserve the public
peace and good order in the Village of Churchville and to contribute
to the public welfare and good order of its people by enforcing certain
regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of the owners of dogs and the rights
and privileges of the other citizens in the Village of Churchville.
As used in this article, the following terms shall have the
meanings indicated:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any dog which:
Without justification attacks a person, companion animal, as
defined in Agriculture and Markets Law § 350, Subdivision 5 or
Division 4, or domestic animal, as defined in Agriculture and Markets
Law § 108, and causes physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
"Dangerous dog" does not include a police work dog, as defined
in Agriculture and Markets Law § 108, which acts in the
manner described in this definition while such police work dog is
being used to assist one or more law enforcement officers in the performance
of their official duties.
An unleashed dog off the premises of the owner.
Both male and female dogs, except where the context requires
otherwise.
A person or persons appointed by the Village of Churchville
or by another jurisdiction which has agreed to provide dog control
services to the Village of Churchville pursuant to an intermunicipal
agreement for the purpose of enforcing this article; and for the purposes
of this article such a Dog Control Officer is deemed to be a peace
officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Includes any person who owns, keeps, harbors, or has the
care, custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of the minor's parents or other
head of the household where the minor resides.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall suffer or permit any dog to be a "dangerous dog" as defined in § 97-2 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall keep or suffer to be kept on the premises occupied by him any dog in the habit of continually barking, howling or whining in violation of the restrictions in Chapter 146, Noise, of the Village Code.
Proper precautions should be taken when a female dog is in heat,
and said female dog shall not then be allowed to run at large.
No person shall keep or suffer to be kept a dog in the habit
of continually chasing or barking at automobiles, bicycles or moving
vehicles.
No person shall keep or suffer to be kept any dog which kills
any other dog, cat or farm animal.
A person must not keep or suffer to be kept any dog which destroys
property of a neighbor.[1]
A person shall not keep or suffer to be kept any dog which continually
runs at large with a pack of other dogs, chases deer, other animals
or children.
No person who owns a dog shall permit such dog to be at large
in the Village of Churchville, Monroe County, New York, unless under
visible leash consisting of at least one-eighth-inch rope, chain,
leather or equivalent material, not exceeding six feet in length,
other than when on the premises of the person owning, keeping, harboring
or having the custody and control of such dog or upon the premises
of another with the knowledge, consent and approval of the owner of
such premises or when hunting in the company and under the control
of a hunter or hunters.
[Added 10-18-2004 by L.L.
No. 3-2004]
A.
No person who owns, harbors, keeps, or is in charge of any animal,
or who has such animal in any manner under such person's control,
shall allow such animal to defecate on any public property whatsoever,
such as, but not limited to, thoroughfares, sidewalks, passageways,
play areas, parks, roads, or any other place where people congregate
or walk, or upon any private property, without the permission of the
owner of said property. Any such person shall immediately remove,
in a suitable container, all feces deposited by such animal on any
areas as set forth above.
B.
The feces shall be removed from the aforesaid areas by the person
owning, harboring, keeping or in charge of any animal which deposited
such feces. All such material shall be properly disposed of. Disposal
of the feces in the street storm collection system or any other public
facility is prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Village of Churchville shall appoint a Dog Control Officer or
Officers as needed pursuant to the appropriate statutes of the State
of New York or shall use the services of a Dog Control Officer from
another jurisdiction pursuant to an intermunicipal agreement.
B.
It shall be the duty of such Dog Control Officer or Officers of the
Village of Churchville to enforce the appropriate provisions of the
Agriculture and Markets Law with respect to dogs in the Village of
Churchville and to enforce this article.
C.
The Dog Control Officer or Officers of the Village of Churchville
shall seize any dog which is found to be in violation of any portion
of this article, as well as any dog or dogs otherwise required to
be seized under and by virtue of the Agriculture and Markets Law of
the State of New York.
D.
All complaints concerning alleged violations of this article shall
be communicated to the Dog Control Officer or Officers. All such complaints
shall be investigated, and it shall be the duty of the Dog Control
Officer or Officers, in the appropriate case, to proceed with civil
or criminal enforcement of this article or any other provision of
law pertaining hereto.
A.
Every dog seized shall be properly fed and cared for at the expense
of the Village of Churchville until disposition thereof, as herein
provided, and in accordance with the applicable provisions of the
Agriculture and Markets Law of the State of New York.
B.
If the dog seized bears a license tag, the Dog Control Officer shall
ascertain the owner of the dog and shall give immediate notice by
personally serving such owner, or an adult member of his family, with
a notice, in writing, stating that the dog has been seized and will
be sold or destroyed unless redeemed as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The owner of a dog so seized may redeem the dog within five days,
except that the owner of a dog bearing a license tag may redeem the
dog within 12 days by paying to the Village Clerk the sum as provided
for in the Dog Control Rate Schedule of the Village.
[Amended 4-4-1988 by L.L.
No. 3-1988]
D.
If not so redeemed, the owner shall forfeit all title to the dog,
and the dog shall be sold or destroyed by the Dog Control Officer.
In the case of sale, the purchaser must pay the purchase price to
the Village Clerk and obtain a license for such dog. The Dog Control
Officer who destroys a dog shall immediately dispose of the carcass
and make a written report of such destruction and disposition to the
Clerk, who shall keep a record thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person harboring a dog for a period of two weeks prior to
any violation of this article shall be held to be the owner of said
dog.
[Amended 4-4-1988 by L.L.
No. 3-1988; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
An offense against the provisions of this article shall be deemed
a violation, and the person convicted of such violation shall be subject
to a fine of $25 for the first violation, $50 for a second violation
and $100 for a third and all subsequent violations, as provided in
§ 118 of the Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Justice of the Town of Riga shall have jurisdiction
to hear all complaints under this article, and over all actions and
proceedings hereunder and over all prosecutions for the violation
of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who observes or has knowledge of a dog causing damage
or destruction to property of a person other than its owner or violating
any section of this article or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under
oath, with the Town Justice of the Town of Riga and with the Village
Clerk 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.
[Adopted 10-18-2004 by L.L. No. 2-2004 (Ch. 50, Art. II, of the 1984 Code)]
A.
The purpose of this article is to maintain the public peace and good
order in the Village of Churchville and to contribute to the public
welfare and good order of the people of the Village of Churchville
by enforcing certain regulations and restrictions on the harboring,
keeping, or exhibiting of certain animals within the corporate limits
of the Village of Churchville.
B.
The Village Board of the Village of Churchville hereby finds that
it is necessary to adopt a local law to provide for the control of
animals which are wild, ferocious, fierce, dangerous or naturally
inclined to do harm. The Village Board also finds that the presence
of farm animals within the Village creates annoying, noisy and unsanitary
and unhealthful conditions and that the presence of such animals within
the Village creates conditions not conducive to residential living.
The presence of such animals in a residential community such as a
village creates a potential danger and annoyance, as well as health
issues, to the residents.
No person shall keep, own, or maintain any wild animals or wildlife
as defined under the New York State Environmental Conservation Law,
including, but not limited to, any live wolf, wolf dog, coy dog, fox,
skunk, venomous reptiles, raccoon, raccoon dog, leopard, snow leopard,
clouded leopard, tiger, Asiatic lion, cheetah, alligator, crocodile,
certain tortoises and turtles, vicuna, kangaroo, polar bear, mountain
lion, cougar, jaguar, ocelot, margay, rhinoceros, or any endangered
species designated by the Department of Environmental Conservation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall keep, own or maintain any dangerous animals
in the Village. Dangerous animals shall include poisonous reptiles
or amphibians.
No person shall carry, bring or possess a constrictor snake
in a public place in the Village nor allow a constrictor snake to
go loose or free, restrained or unrestrained, in a public place. This
prohibition shall not apply to the transport of a constrictor snake
on Village streets, provided that the snake is securely maintained
in a bag or other enclosure throughout the transport. "Public place"
shall mean any area or building owned, operated or controlled by or
on behalf of the Village, or portion of such place, which is generally
accessible to the public, including but not limited to streets, sidewalks,
roadways, parking garages and lots, parks, playgrounds, recreation
areas, athletic fields, cemeteries or places of employment or operations.
No person shall own, harbor, keep, or maintain farm animals
within the Village of Churchville. Farm animals shall include, but
shall not be limited to, chickens, goats, cattle, horses, donkeys,
mules, ponies, fowl, water fowl, peacocks, turkeys, swine, sheep,
lamas, ostriches, and emus.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who observes or has knowledge of a violation of this
article or of any local law or ordinance relating to the control of
animals may file a signed deposition, under oath, with the Building
Inspector/Code Enforcement Officer, specifying the objectionable conduct
of the animal, the date thereof, a description of the animal and the
name and address, if known, of the owner or other person harboring
said animal. The Building Inspector/Code Enforcement Officer shall
investigate each complaint and, if the complaint is supported by substantial
evidence, issue a notice of violation therefor. The Building Inspector/Code
Enforcement Officer shall also initiate and investigate all violations
of this article on his/her own initiative and shall report all violations
of this article to the Village Board for further action.
