[HISTORY: Adopted by the Board of Trustees
of the Village of Victor as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-19-2007 by L.L. No. 9-2007[1]]
[1]
Editor's Note: This local law superseded former
Ch. 69, Dogs and Other Animals, which consisted of Art. I, Damage,
Defecation and Nuisances, adopted 1-21-1980 as Section 20-6 of L.L.
No. 2-1980, and Art. II, Dog Licensing and Control, adopted 5-1-1989
by L.L. No. 2-1989.
Fees for dog licenses issued by the Town of
Victor shall be established by the Town of Victor.
These rules and regulations shall be known and
may be cited as the "Dog Control and Licensing Laws of the Village
of Victor."
The purpose of this article shall be to preserve
the public peace and good order in the Village of Victor and to contribute
to the public welfare, safety and good order of its people by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and with the rights and privileges of other citizens of the Village
of Victor.
In order that dogs may be licensed and equitably
controlled within the Village of Victor, the provisions of this article
are hereby adopted.
As used in this article, the following terms
shall have the meanings indicated:
Any dog shall be deemed to be at large if not accompanied
by a person who is in full control of the dog or who is providing
restraint of the dog elsewhere than on the premises of the owner,
keeper or another responsible person who has knowledge of the dog's
presence and who assents thereto.
Any action by a dog that might cause reasonable apprehension
of harm or injury to a person, together with the apparent ability
of the dog to inflict such harm. An actual bite by the dog is unnecessary
to meet the qualifications of this definition.
Any dog which:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Without justification, attacks a person, companion animal as
defined in Subdivision 5 of § 350 of the Agriculture and Markets
Law of the State of New York, farm animal as defined in Subdivision
4 of § 350 or domestic animal as defined in Subdivision
7 of § 108 of the Agriculture and Markets Law and causes
physical injury or death;
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification, attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
Euthanasia of a dog; the act of painlessly causing the death
of a dog.
Arrangement for the sale or destruction of a dog.
Includes the plural "dogs" and refers to any dog of either
sex or any age unless otherwise indicated herein.
Any person who is appointed by the Village Board to assist
in the enforcement of this article.
Any cat, dog or any other animal defined as a domestic animal
in Article 7, § 108, of the Agriculture and Markets Law
of the State of New York.
A list of all fees charged by the Town of Victor in conjunction
with this article.
The loss or giving up of any claim to a dog.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog during the period such
dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
To provide food and shelter for any dog, including, but not
limited to, the kenneling of dogs.
[Amended 12-3-2012 by L.L. No. 8-2012]
Any dog that is trained to aid a person who is deaf or hard
of hearing and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The dog is equipped with a collar or harness to which is
attached a leash of sufficient strength to restrain the dog, unless
the dog is accompanied by its owner or other responsible person able
to control the animal by voice command.
The behavior of a dog which would cause a person to reasonably
believe that the dog would cause serious physical injury or death
to such person, another person, companion animals, farm animals or
domestic animals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who is a licensed owner of a dog. This term includes
any person who owns, keeps or harbors or who has the care, custody
or control of a dog. Dogs owned by minors under the age of 18 shall
be deemed to be in the care, custody and control of the minor's parents
or guardian.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Punishments fixed by law.
Harboring a dog for an individual who lives off the premises.
An enclosure or structure on the owner's or keeper's property
which securely confines a dog indoors or securely encloses a dog in
a locked pen or structure suitable to prevent the entry of young children
and designed to prevent the dog from escaping.
Any dog owned or harbored by any state or municipal police
department.
Physical injury which creates a substantial risk of death,
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose, and
does not qualify under federal or state law or regulations as a service
dog.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Includes all who reside in the Village of Victor.[1]
The dog was not teased, tormented or abused by a person,
or the dog was not coming to the aid or the defense of a person who
was not engaged in illegal or criminal activity and who was not using
the dog as a means of carrying out such activity.
A.
Licensing of dogs. The owner of any dog four months
of age or older shall immediately make application for a dog license.
Such application will be made to the Town Clerk. Proof of vaccination
with rabies serum as required by the Agriculture and Markets Law and
certification of alteration of any spayed or neutered dogs, plus the
appropriate fee, must accompany the application.
B.
License fees. License fees are recorded on a fee schedule
available in the Town Clerk's office.
C.
Leashing. No owner of any dog shall permit such dog
to be at large in the Village of Victor unless such dog is leashed
as defined herein other than when on the premises of the person owning,
keeping, harboring or having control and custody of such dog or upon
the premises of another with the knowledge, consent and approval of
the owner of said premises.
D.
Prohibited in certain places. No owner shall permit
his dog, whether leashed or unleashed, to be in any restaurant, grocery
or commercial establishment which sells food for human consumption.
This provision does not apply to guide dogs and security patrol dogs.
E.
Dangerous dogs. No person shall keep or permit to
be kept a dog which meets the criteria of a dangerous dog as defined
in the terms of this article.
G.
Damage by dog. No owner of a dog shall permit such
dog to damage or destroy or tolerate such dog damaging or destroying
property of any kind or to deposit waste or allow a dog to commit
a nuisance upon the premises of a person other than the owner or person
harboring such a dog.
H.
Unsanitary premises. No owner of a dog shall permit
the premises, structures or enclosures in which such dog is kept to
be unclean or unsanitary. The Village Code Enforcement Officer will
determine whether any area is unclean or maintained in an unsanitary
condition.
I.
Annoyance. No owner of a dog shall permit such dog
to engage in loud howling, barking, crying or whining for a period
of time lasting 15 consecutive minutes or longer.
J.
Harboring of dogs. In addition to any and all restrictions set forth in the Village Code, the harboring of three or more dogs over the age of four months on any lot or structure in the Village for a continuous period in excess of 30 days shall require a special use permit from the Village of Victor Planning Board in accordance with § 69-13 of this article.
[Added 11-5-2012 by L.L. No. 6-2012; amended 12-3-2012 by L.L. No.
8-2012; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
A.
Violations. Any person, firm or corporation who fails
to comply with or violates any of these regulations shall be guilty
of an offense and subject to the penalties of that offense or offenses.
Failure to comply with an order of the court relating to this article
shall be deemed a separate offense and treated accordingly.
B.
Penalties. Any person, firm, company or corporation
who or which neglects or refuses to do any act required by this article
shall be guilty of an offense. The penalty for the first violation
is a fine not to exceed $50 or a term of imprisonment not to exceed
15 days, or both. Each week that such violation, disobedience, omission,
neglect or refusal continues or arises shall be deemed a separate
offense. The penalty for the second violation within 18 months of
the first violation is a fine not to exceed $100 or a term of imprisonment
not to exceed 15 days, or both. The third violation and all subsequent
violations within 18 months of the first violation have a penalty
of a fine not to exceed $200 or a term of imprisonment not to exceed
15 days, or both. Fines will be imposed by the judge after due consideration
of the conditions of the violation and the severity of the offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Board shall appoint a Dog Control Officer or Officers
as needed pursuant to Article 7 of the Agriculture and Markets Law
of the State of New York. In the event no other person or persons
have been appointed Dog Control Officer or Officers, the Village Code
Enforcement Officer or Officers shall also serve as Dog Control Officer
or Officers. It shall be the duty of such Dog Control Officer or Officers,
as well as all peace officers within the Village of Victor, to enforce
appropriate provisions of this article, as well as the Agriculture
and Markets Law, with respect to dogs in the Village of Victor. The
Village Board authorizes the Ontario County Sheriff's Department and
the New York State Police to enforce any provisions of this article,
as well as applicable provisions of the Agriculture and Markets Law
of the State of New York. In addition, any Dog Control Officer or
peace officer of the Village is hereby authorized to serve any process
related to any proceeding, whether criminal or civil in nature, including
any appearance ticket (pursuant to § 150.20 of the Criminal
Procedure Law), in accordance with the provisions of this article.
If the Dog Control Officer serves said appearance ticket and it is
disregarded, the Village Justice shall permit the filing of an information
from said Officer and shall issue a warrant of arrest for such person.
B.
Authority of the Dog Control Officer. The Dog Control
Officer or Officers of the Village of Victor shall seize a dog or
any dogs, tagged or untagged, which are found to be in violation of
any provision of this article, as well as any dog or dogs otherwise
required to be seized under and by virtue of Article 7 of the New
York State Agriculture and Markets Law.
C.
Appearance tickets; filing of complaints.
(1)
The Dog Control Officer is hereby authorized to issue
and serve appearance tickets when observing any violation of this
article in his presence or after receiving a signed complaint as hereinafter
set forth.
(2)
Any person who observes a dog causing damage or destruction
to property other than its owner's or committing a nuisance upon the
premises of a person other than its owner's may file a signed complaint,
under oath, with the Village Clerk, and such complaint shall be referred
by the Clerk to the Dog Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog, if known, and the name of the owner or person harboring
said dog, if known.
(3)
Oral complaints made to the Village Clerk or Dog Control
Officer must include the complainant's name and address and may be
used only as a basis for investigation by the Dog Control Officer
or peace officer.
A.
Care of seized dog. Every dog seized shall be properly
fed and cared for at the expense of the Village of Victor until the
dog is disposed of pursuant to the applicable provisions of the Agriculture
and Markets Law of the State of New York.
B.
Notice to owner.
(1)
In the event that the dog seized bears a license tag,
the Dog Control Officer shall ascertain the owner of the dog and shall
give prompt notice by personally serving such owner or an adult member
of his family over 18 years of age or other resident of suitable age
and discretion, in writing, stating that the dog has been seized and
that the dog will be disposed of unless redeemed within the time period
and by the procedure specified in this article. If the Dog Control
Officer is unable to personally notify the owner or adult member of
his family, a notice of seizure will be sent to the owner of record
by certified mail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The notice given by the Dog Control Officer, pursuant
to this section, shall contain a statement advising the owner that,
in the event of the owner's failure to redeem the dog within the time
allowed, all costs in connection with the seizure, feeding, care,
housing and disposal or destruction of said dog shall be a charge
against the owner, and written request will be made for said expenditure.
Said notice will further advise the owner that, in the event of his
failure to pay the expenses as aforesaid within 30 days of the receipt
of said cost from the Village, the sum will be placed on the tax rolls
of any real property in the Village of Victor to which the owner has
title.
(3)
In lieu of recovering the cost of maintenance by placing
said cost on the tax rolls as provided above, the Village may recover
such costs against the owner by civil action.
C.
Holding periods.
(1)
An unlicensed dog shall be redeemed within five days
of seizure. The owner shall obtain a current license from the Town
Clerk and will pay all fees applicable for redemption.
(2)
A licensed dog shall be redeemed within seven days
if notification of seizure was served in person to the owner of record
or within nine days if notification was made to said owner by certified
mail and upon payment of the applicable fees.
(3)
No dog may be redeemed until the owner has paid to
the Village Clerk applicable fees for each day the dog has been impounded
since the date of seizure of the dog to the date of redemption, inclusive.
A fee for seizure will be charged. Upon payment of said fees, the
Village Clerk will issue a release form that will be presented by
the owner to the holding kennel.
(4)
Seizure and impounding fees shall be set by resolution
of the Village Board and are recorded on a fee schedule available
in the Village Clerk's office.
D.
Forfeiture and adoption or sale. If a dog so seized is not redeemed in the time hereinafter set forth, the owner shall forfeit all title to the dog, and the dog shall be offered for adoption by the Village or destroyed. The language of this article entitled "forfeiture" shall be plainly written in bold type on the seizure notice which shall be served pursuant to Subsections B and C of this section referred to above. The Village Clerk may offer for adoption or dispose of any dog seized, after the expiration of the redemption period, at such cost as the Village Clerk deems to be necessary. The Village Clerk shall keep a record of all sales of seized dogs, and such records shall be a public record.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Specific legal remedies are offered to those
who have been attacked or to persons who have witnessed an attack
by a dog upon another person or an animal who is in any place where
he or she may lawfully be. Section 123 of the Agriculture and Markets
Law of the State of New York outlines these remedies, which also are
permitted by this article.
A.
If any dog shall attack a person who is peacefully
conducting himself or herself in a place where he or she rightfully
may be, that person or any other person witnessing the attack may
destroy the dog during or immediately after the attack. No penalty
or liability in damages shall be incurred on account of such destruction.
B.
If any dog shall attack, chase or worry any domestic
animal while that animal is in a place it may lawfully be, the owner
or caretaker of the domestic animal or any other person witnessing
the attack may destroy the attacking dog for the purpose of preventing
the death or injury of the domestic animal. The dog may be destroyed
while attacking, chasing, worrying or while being pursued thereafter,
and no liability in damages or otherwise shall be incurred on account
of such destruction.
C.
Any person may make a complaint of any attack upon
a person or of an attack, chasing or worrying of a domestic animal
to the Dog Control Officer. The Officer shall immediately inform the
complainant of his right to commence a proceeding against the owner
of the dog. Further, if there is reason to believe the dog is a dangerous
dog as defined in this article, the Officer shall immediately commence
such a proceeding himself.
D.
Any person may make a complaint, under oath or affirmation,
to a Municipal Justice of the Town of Victor regarding any instance
of such attack, chasing or worrying as forbidden by this article.
(1)
Upon receiving such a complaint, the Justice shall
immediately determine if there is probable cause to believe the dog
is a dangerous dog.
(2)
If the Justice finds probable cause to believe that
the dog is a dangerous dog, he shall issue an order to any Dog Control
Officer, police officer or peace officer acting pursuant to his special
duties directing the officer to seize the dog immediately and hold
the dog pending judicial determination of whether the dog is a dangerous
dog.
(3)
Whether or not the Justice finds there is probable
cause for such seizure, he shall, within five days and upon written
notice of not less than two days to the owner of the dog, hold a hearing
on the complaint.
(4)
If the Justice determines that the dog is a dangerous
dog, he shall order that the dog be evaluated, restricted, confined
or destroyed in accordance with Agriculture and Markets Law § 123.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
If the owner fails to destroy or confine the dog as
required by the court order, the Dog Control Officer, any police officer
or peace officer acting pursuant to his special duties shall destroy
the dog on or off the premises of the owner.
The Village Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Village Law thereof.
[Added 12-3-2012 by L.L. No. 8-2012]
The harboring of dogs within the Village as a special use permit.
A.
No person shall be allowed to harbor three or more dogs within any district in the Village except upon the issuance of a special use permit by the Code Enforcement Officer after approval by the Village Planning Board upon the terms and conditions set forth in this section and in conformity with the procedures provided by § 24-2C, regarding special use permits of the Code of the Village of Victor ("the Code").
B.
The property shall be regularly cleaned on a schedule to be determined
by the Planning Board so as to keep the property in a safe, sanitary
condition and to minimize the potential for offensive odors, flies,
or other nuisances which might affect neighboring properties.
C.
No person shall allow the dogs to create noise or other disturbance
which shall seriously annoy or disturb any neighbor. Noise or disturbance
which is audible at any neighboring residence for a continuous period
of 15 minutes shall be evidence of a violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
No special use permit shall be issued except upon payment of the
required fee to the Village of Victor which shall be fixed from time
to time by resolution of the Village Board. The fee shall be due at
the time of application.
E.
The holder of the special use permit shall be deemed to have given
his or her consent to periodic inspections by the Village of the premises
to insure compliance with the conditions of the special use permit.
F.
The special use permit shall continue to be valid unless revoked
by the Planning Board. The special use permit shall not be transferable.
G.
The special use permit may be revoked by the Planning Board for a
violation of any of the conditions of the permit. The holder of the
permit shall be served with a written notice of the alleged violations,
either personally or by regular mail, and shall be given 15 days from
the date of delivery or mailing of the notice to correct the violation(s).
Upon the permit holder's failure to correct the violations, the
Planning Board shall hold a public hearing upon at least 10 days'
notice to the permit holder. The permit holder shall be allowed to
appear at the hearing in opposition to the charges. If the allegations
of violation are proved to the satisfaction of the Planning Board,
the Planning Board may revoke the special use permit or impose such
conditions upon the permit holder as the Planning Board determines
just and appropriate under the circumstances. If the special use permit
is revoked, the owner must immediately remove the dogs from the premises
and may not apply for a new permit for a period of one year from the
date of revocation.
H.
In addition to the conditions specifically identified in this section, the Planning Board may attach additional conditions to the special use permit, which, in its discretion, it reasonably believes are necessary to promote and protect the public health, safety, and welfare and to further the objectives of Chapter 69, Dogs and Other Animals, of the Code.
