[Adopted 7-2-1975 by L.L. No. 2-1975]
[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.
A. 
No dog shall be allowed to run at large on any street or in any public park or public place in the Village of Fultonville or upon any property in said Village without the consent of the owner or occupant of such property. A dog shall be considered to be at large under this article unless such dog shall be restrained by a leash not exceeding six feet in length or unless such dog shall be accompanying his owner or other person having the custody of such dog at heel or under similar mechanical or voice control. This section shall not apply to any dog running at large upon the premises of the person who owns, keeps, harbors or otherwise has the care or custody of such dogs or upon the premises of another person with the knowledge and consent of such other person.
B. 
No person may suffer, allow or permit to run at large within the Village of Fultonville any vicious dog or dogs of dangerous disposition, or dog which by its chasing or barking at persons, automobiles, bicycles or moving vehicles or in running at large shall cause unreasonable disturbance in the neighborhood, imperil the safety or disturb the comfort and repose of any person.
[Added 9-1-1982 by L.L. No. 1-1982]
C. 
No person who owns a dog shall permit or suffer such dog to damage or destroy property of any kind or to deposit waste on the private property of other persons.
[Added 9-1-1982 by L.L. No. 1-1982]
D. 
No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long continued noises shall unreasonably disturb the comfort or repose of other persons.
[Added 9-1-1982 by L.L. No. 1-1982]
E. 
No person who owns a dog shall permit the premises, structures or enclosure in which such dog is kept to be unclean or unsanitary. Adequate shelter (as directed by weather conditions), adequate water and food must be provided. Failure to do so may involve a fine or seizure of the pet.
[Added 9-1-1982 by L.L. No. 1-1982; amended 3-19-2018 by Res. No. 03-01-2018]
[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.
[1]
Editor's Note: Former § 44-7, Destruction and disposition; records, was repealed 3-19-2018 by Res. No. 03-01-2018.
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.