As used in this article, the following words
and terms shall have the following meanings:
DANGEROUS DOGS
A.
Any dog:
(1)
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;
(2)
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;
(3)
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
(4)
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
B.
Notwithstanding the foregoing, except pursuant to Subsection
A(4) above, no dog may be considered to be a dangerous dog by reason of:
(1)
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;
(2)
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
(3)
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.
DOG
Any animal of the species Canis familiaris.
DOMESTIC ANIMAL
Any animal of a species commonly used or known as a "household
pet," including dogs, cats, birds, fish and the like.
OWNER
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.
UNCONFINED
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.
VICIOUS DOG
A.
Any dog owned, harbored or trained primarily
or in part for the purpose of dogfighting; or
B.
Any dog owned, harbored or trained primarily
or in part for the purpose of attacking a human being or domestic
animal upon command.
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.
[Amended 9-16-1997 by L.L. No. 1-1997]
A. 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.
B. Where no licensing is required by the State of New York, the fee required in Subsection
A shall be waived.