[Added 9-16-1997 by L.L. No. 1-1997]
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
An unleashed dog off the premises of the owner.
[Amended 9-1-1982 by L.L. No. 1-1982]
In addition to any other penalty provided in this article, any peace officer, animal control officer or designated representative of the Commissioner of Agriculture and Markets is hereby empowered to seize any dog to which this article applies, not restrained as provided in §
44-2 of this article. Such dog shall be confined at such location as shall be designated by the Village and shall be properly fed and cared for at the expense of the Village until disposition of such dog shall be made as hereinafter provided for.
[Amended 3-19-2018 by Res. No. 03-01-2018]
If the dog seized bears a license tag, the animal
control officer or representative of the Commissioner of Agriculture
and Markets 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 removed to an animal shelter as per Village contract unless
redeemed within the period hereinafter provided.
[Amended 8-6-1980 by L.L. No. 3-1980; 3-19-2018 by Res. No. 03-01-2018]
The owner of a dog seized may redeem the dog within seven days of such seizure, except that the owner of a dog bearing a license tag may redeem the dog within 12 days of such seizure by paying to the Village Clerk/Treasurer the sum of $25 as the cost of such seizure, such payment to be in addition to any penalty which may be imposed pursuant to §
44-11 of this article.
A. Each dog seized within the corporate limits of the
Village of Fultonville, New York, pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York effective
January 1, 1980, shall be held for a period of 90 days from the day
seized.
B. Except as herein modified, all of the provisions of
Article 7 of the Agriculture and Markets Law effective January 1,
1980, are hereby adopted and form a part of this article.
[Amended 3-19-2018 by Res. No. 03-01-2018]
If any dog is not redeemed within the period
hereinbefore set forth and according to the provisions of this article,
the owner of such dog shall forfeit all title to the dog and the dog
shall be taken to a shelter.
No action shall be maintained to recover the
possession of value of a dog or for damages for injury or compensation
for destruction of a dog destroyed pursuant to provisions of this
article.
In the event that any such dog is impounded
shall be a Seeing Eye dog customarily used by a blind person in walking
or traveling about, or a dog used similarly by its master to an aid
to its master's ordinary and necessary pursuit by reason of some disability
on the part of the master, then such dog may be redeemed immediately
from said pound without the payment of such pound fee being required
in advance of such redemption. In such latter event, such pound fee
shall not be waived by the village, but shall be collectible from
the master of such dog by civil action if necessary.
[Added 9-1-1982 by L.L. No. 1-1982]
A. Any justice of the Village of Fultonville or of the
Town of Glen shall have jurisdiction to hear all signed complaints
filed as hereinafter provided and all actions and proceedings hereunder
and prosecutions for the violation of this article. Upon receipt by
such Justice of any complaint against the conduct of any particular
dog, such Justice shall summon the alleged owner or other person harboring
said dog to appear in person before him; if the summons is disregarded,
such Justice may permit the filing of an information and issue a warrant
for the arrest of such person.
B. Any person who observes a dog causing damage or destruction
to property of a person other than its owner or violating any section
of this article may file a signed complaint, under oath with such
Justice, specifying the objectionable conduct of the dog, the date
thereof, the damage caused, a description of the dog and the name
and residence, if known, of the owner or other person harboring said
dog.
[Amended 9-1-1982 by L.L. No. 1-1982; 9-16-1997 by L.L. No.
1-1997]
Any person violating any provision of this article
may, upon conviction, be punished by a fine of not more than $250
or imprisonment for not more than 15 days, or both such fine and imprisonment,
all in addition to any pound fee required to redeem a dog as hereinbefore
provided. Each days' continuation of the offense shall be considered
a separate offense.