[Adopted 9-16-1997 by L.L. No. 1-1997]
As used in this article, the following words
and terms shall have the following meanings:
Any dog:
Which, when unprovoked, approaches any person
upon the streets, sidewalks or on any public grounds or places in
a vicious or terrorizing manner or in any apparent attitude of attack;
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
Notwithstanding the foregoing, except pursuant to Subsection A(4) above, no dog may be considered to be a dangerous dog by reason of:
Any injury or damage sustained by a person when
such person was teasing, tormenting, abusing or assaulting the dog
or was committing or attempting to commit a crime;
Any injury or damage sustained by a domestic
animal which, at the time such injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog; or
Any injury or damage caused by the dog in protecting
or defending a human being within the immediate vicinity of the dog
from an unjustified attack or assault.
Any animal of the species Canis familiaris.
Any animal of a species commonly used or known as a "household
pet," including dogs, cats, birds, fish and the like.
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits an animal to remain on premises occupied
by him.
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is not
a bottom, with sides which extend at least one foot underground and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children.
A.Â
No person shall permit, keep, maintain or allow any
sheep, horse, goat, skunk, pig, fox or other animal, except a domestic
animal, in any building or on any property within the Village of Fultonville.
B.Â
No live animal, except a guide dog assisting a blind
person, shall be permitted in any establishment where food or food
products are prepared and sold or kept for sale or resale.
No person shall suffer, permit or allow any
dangerous dog to remain unconfined on property within the Village
of Fultonville or to go beyond the boundaries of such property unless
such dog is securely muzzled and restrained with a chain having a
minimum tensile strength of 300 pounds and not exceeding three feet
in length and is under direct control and supervision of the owner
of the dog. The owner or keeper of a dangerous dog shall post conspicuous
notices on the perimeter of the property where such dog is kept to
warn persons of the nature of the dog confined therein.
No person shall permit, keep, maintain or allow
any vicious dog in any building or on any property within the Village
of Fultonville, nor breed, attempt to breed, buy or attempt to buy
any vicious dog.
A.Â
No owner of any animal shall permit such animal continuously
or frequently to bark, howl or emit other audible sounds which shall
unreasonably disturb the comfort, peace or repose of any person in
the vicinity.
B.Â
The owner of any animal shall take all reasonable
measures to keep such animal from becoming a nuisance. For the purpose
of this section, "nuisance" means any animal which:
(1)Â
Molests or interferes with persons in the public right-of-way;
(2)Â
Damages public or private property by its activities
or with its excrement;
(3)Â
Scatters refuse that is bagged or otherwise contained;
or
(4)Â
Causes any condition which threatens or endangers
the health or well-being of persons or other animals.
A.Â
Any person committing an offense against any provision
of this article shall be punishable, upon conviction thereof, by a
fine of not more than $250 or imprisonment for not more than 15 days,
or both such fine and imprisonment. Each days' continuation of the
offense shall be considered a separate offense.
B.Â
Any police officer, Animal Control Officer or Zoning/Code
Enforcement Officer of the Village of Fultonville is authorized to
issue an appearance ticket or uniform appearance ticket for the violation
of any provision of this article.
C.Â
Any animal which is observed running at large in violation
of the provisions of this article may be picked up or captured by
a Dog Warden, Animal Control Officer, police officer or by any other
person or agency duly designated by the Village of Fultonville to
perform such service. Any such Dog Warden, Animal Control Officer,
police officer or other authorized person or agency who picks up or
captures such animal shall be empowered to exercise such degree of
force as shall be necessary to effect such pickup or capture without
intentionally injuring or harming the animal.
D.Â
When the animal seized is a dog, it shall be held,
cared for and disposed of in a manner consistent with § 118
of the Agriculture and Markets Law of the State of New York.
E.Â
Every reasonable effort will be made by the Village
of Fultonville to locate and notify the owner of the pickup or capture
of his or her animal. Upon such location and notification to the owner,
the village will return the animal to its owner within a prompt and
reasonable period of time, provided that such return of the animal
is not contrary to the provisions of this article. The village may
require reasonable proof of ownership. The fact that the animal returns
to such person shall be deemed proof of ownership, unless such animal
has a valid license tag pursuant to the provisions of the Agriculture
and Markets Law of the State of New York, in which case such tagging
shall be deemed proof of such ownership. The owner shall be subject
to the penalties provided in this article.
A.Â
The Village of Fultonville;
B.Â
An officer of any duly authorized police agency of
the State of New York or any political subdivision thereof who is
acting within the scope of his official duties; and
C.Â
Any veterinarian duly licensed to practice in the
State of New York, who maintains a practice in the Village of Fultonville,
and is keeping such animal within his business premises for the purpose
of treatment or to humanely euthanize it.
[Amended 9-16-1997 by L.L. No. 1-1997]
A.Â
In accordance with the provisions of § 110
of the Agriculture and Markets Law, the owner of any dog requiring
a license pursuant to law shall pay to the Town of Glen at the time
of the issuance of such license, in addition to any licensing fee
required by the State of New York, an additional fee, the amount of
which is set by resolution by the Board of Trustees.
