The purpose of the provisions of this article is to protect
the health, safety and well-being of persons and property by imposing
restrictions and regulations upon keeping or running at large of dogs
and the seizure thereof within the Village.
This article is enacted pursuant to the provision of § 122
of Article 7 of the New York Agriculture and Markets Law.
A.
Off premises. No dog shall be permitted at any time to be on any
street or in any public park or public place or public building or
upon any area other than the premises of the owner of the dog or of
the person harboring the dog in the Village of Canastota, unless effectively
restrained by a hand chain or hand leash not exceeding 10 feet in
length and in the charge and under the control of a competent person
capable of maintaining control of the dog.
B.
On premises. No dog shall be permitted at any time to be on the premises of the owner of the dog or of the person owning the dog unless the dog is effectively prevented from leaving said premises by means of a fence or by means of being connected to a chain or leash or wire of any length; provided, however, that said dog on said chain, leash or wire cannot travel beyond the boundaries of the property of the owner or person harboring the dog, it being the intention of this Subsection B that the dog may run freely upon the property of the owner or person harboring the dog, controlled either by a fence or chain, leash or wire.
It shall be unlawful for any owner of any dog, or for any person
harboring a dog, to permit or allow such dog in the Village of Canastota
to:
A.
Engage in habitual loud howling, barking, crying or whining or to
conduct itself in such a manner so as to unreasonably and habitually
annoy any person.
B.
Cause damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner of
such dog. It shall be the duty of each and every person having possession,
custody or control of a dog to immediately remove feces left by the
dog upon any premises other than those of the owner or person harboring
the dog.
C.
Bite, chase, harass, or otherwise attack a person, or to display
aggressive behavior of such a nature as to put any person in fear
of immediate bodily harm or injury, provided that such person is peacefully
conducting himself or herself in a location where he or she may lawfully
be.
D.
Habitually chase, run alongside of, or bark at motor vehicles or
bicycles.
In any enforcement proceeding hereunder, it shall be presumed
that an unleashed dog on the premises of one other than its owner
is there without consent of the owner of such premises, unless the
owner of the dog proves such consent.
Each dog seized in accordance with the provisions of Article
7 of the Agriculture and Markets Law or the provisions of this chapter
shall be properly sheltered, fed and watered, and shall be eligible
for redemption in accordance with the provisions of Article 7 of the
Agriculture and Markets Law. All impoundment and redemption fees associated
with any such seizure and/or redemption shall be paid to the Town
Clerk.
A.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 117 of the Agriculture and Markets
Law.
B.
Any adopted dog must be spayed or neutered before release from the
shelter or pound or within six months thereafter.
The Dog Control Officer or municipal shelter may accept for
adoption and/or dispose of unwanted, owned dogs, solely upon compliance
with such provisions of the Agriculture and Markets Law as may be
applicable, and upon compliance with such terms and conditions as
may be established by the municipal shelter being requested to accept
any such animal.