[Adopted 5-25-1976 by L.L. No. 2-1976]
This article shall be known and may be cited
as the "Dog Control Law of the Village of Florida."
When used in this article, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
Any dog of either sex and of any age unless otherwise indicated
herein.
Includes any person owning, harboring or keeping a dog and
the parent, guardian or other adult person with whom a minor dog owner
resides.
It shall be unlawful for any owner to keep,
allow or permit a dog to run at large, whether licensed or not, or
to allow or permit such dog to be on any public highway, street or
place or off the owner's premises unless restrained by a leash not
more than six feet in length.
[Amended 2-13-2013 by L.L. No. 2-2013]
A dog shall be permitted to run at large in
the Village of Florida only while engaged in organized and sanctioned
field training and while accompanied by the owner or other responsible
person.
[Added 12-12-2006 by L.L. No. 4-2006[1]]
A.
No person shall keep or harbor a dog which howls or
barks in violation of this section.
B.
It shall constitute a violation of this section if
the howling or barking occurs continually and is audible beyond the
property line of the premises on which the dog is located:
(1)
For more than five minutes between the hours of 10:00
p.m. and 8:00 a.m.;
(2)
For more that 15 minutes between the hours of 8:00
a.m. and 10:00 p.m.; or
(3)
For a shorter duration than cited above, but on more
than five occasions within a given ten-day period, if attested to
by complaints from two or more separate properties. It shall be a
defense to such violation if the owner of the dog proves by a preponderance
of the evidence that the only reason the dog was howling or barking
was that the dog was being provoked by a person or was otherwise being
incited or was acting as a guide dog, hearing dog, service dog or
police work dog.
C.
In order to abate the nuisance created by a dog howling
or barking in violation of this section, dog control officers may
enter the yard and may seize any such dog from the yard where the
violation is occurring if the officer if unable to contact the owner
or if the owner is unable or unwilling to take action to stop the
howling or barking.
[Added 8-14-2001 by L.L. No. 3-2001]
A.
Nuisances.
[Amended 12-12-2006 by L.L. No. 4-2006[1]]
(1)
No person owning or having the care, custody or control
of a dog shall knowingly or negligently permit such dog to commit
any nuisance, and more particularly including, and without limiting
the generality thereof, the excretion of feces upon any public sidewalk
or other thoroughfare, or in or upon any public building or any paved
approach to such building from the street, or in or upon any public
park or public playground, or on any private property without the
permission of the owner of said property; nor shall any person omit
to do any reasonable and proper act or omit to take any reasonable
and proper precaution to prevent any such dog from committing a nuisance
in, on or upon any of the places or premises herein specified.
(2)
Any person owning, harboring, keeping or in charge
of any dog which soils, defiles, defecates on or commits any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park or any place where people congregate or walk, or upon any public
property whatsoever, or upon any private property without the permission
of the owner of such property shall immediately remove all feces deposited
by such dog by any sanitary method approved by the local health authority.
(3)
Any person who keeps, owns or harbors a dog or cat
on the owner's premises shall remove all feces that has been deposited
by the animal on the owner's walkways, driveway, open garages and
yard area within 24 hours in temperatures below 50° F. and within
12 hours in temperatures above 50° F. in an approved sanitary
method.
B.
Exemptions.
(1)
Nothing herein shall be construed to apply to the
situation where a dog is on its owner's or custodian's property or
where the dog owner or custodian has the permission of the property
owner.
(2)
Any dog owned by the Village of Florida Police Department
and used for law enforcement purposes shall be exempt from the provisions
of this section.
(3)
Any dog which serves as a guide dog shall be exempt
from the provisions of this section while such dog is accompanying
a blind person.
A.
Any dog running at large contrary to the provisions
of this article within the limits of the Village shall also be subject
to seizure and impounding by any dog warden, police officer or by
any person or agency designated by the Village or authorized by law
to seize and impound such dog pursuant to the provisions of Article
7 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly fed and cared for
at the expense of the Village until disposition thereof shall be made
as herein provided.
C.
Notice of impounding. The officer seizing any such
dog shall ascertain, whenever possible, the owner of the dog and shall
give reasonable 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 destroyed unless redeemed within the period
established by resolution of the Village Board.
[Amended 2-10-1987 by L.L. No. 1-1987]
D.
Redemption fees. Any dog seized in accordance with
the provisions of this article may be redeemed by the owner or harborer
of the same upon payment to the Humane Society of the redemption fee
as provided in the Agriculture and Markets Law.
[Amended 2-10-1987 by L.L. No. 1-1987]
E.
Disposal of unredeemed dogs. If not so redeemed, the
owner or harborer of the dog shall forfeit all title to the dog, and
the dog shall be sold or destroyed by the peace officer or other designated
person. In the case of sale, the purchaser must pay the purchase price
to the Humane Society.
[Amended 2-10-1987 by L.L. No. 1-1987]
[Amended 2-10-1987 by L.L. No. 1-1987; 8-14-2001 by L.L. No.
3-2001]
Any person who violates or who fails to comply
with this article, upon conviction, shall be liable to pay a fine
not exceeding $250 or be sentenced to imprisonment for a term of not
more than 15 days, or both.
