[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 9-21-1953; amended in its entirety 6-27-1960 (Chapter 51 of the 1972 Code). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Dog pound and Dog Control Officer — See Ch. 22.
[Added 3-14-2006 by L.L. No. 1-2006]
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual appointed by the Village to assist in the
enforcement of this chapter or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Village to assist in the enforcement
of this chapter.
[Added 3-14-2006 by L.L. No. 1-2006]
The Village Board may, by resolution, authorize
the Mayor to enter into a contract with other governments to carry
out the terms of this chapter.
[Amended 2-21-1977 by L.L. No. 2-1977; 8-15-1977 by L.L. No.
16-1977]
A.
No person or persons shall keep or house horses, cattle,
sheep, swine, poultry, pigeons or any other animals or bees other
than household pets within the limits of the Village of East Aurora
without a permit from the Board of Trustees, after investigation,
that the keeping of the animal or animals or bees in question will
not be objectionable or offensive by reason of noise, smell or other
cause. Such a permit shall be revocable at any time by the Board of
Trustees.
[Amended 3-19-1984 by L.L. No. 8-1984]
B.
Any person
or persons wishing to keep or house hens (six or fewer in number)
can forgo a public hearing by obtaining signatures of approval from
all residents whose properties abut (“abut” defined as:
an area of land that is next to, or has a common boundary with) the
property of that person or persons. In addition, the applicant(s)
must obtain the signatures of any residents whose home is within 225
feet of the area in which the hens will be located, even if the property
does not directly abut the applicant's(s') property. If any of the
residents whose properties meet either of these criteria do not give
a signature of approval, the application for hens will move to a public
hearing. Applicants must provide a GIS view of their property and
all abutting properties, and must also include a GIS view of all properties
located within 225 feet of the location of the hens (GIS maps found
here[1]), as well as the signatures of residents mentioned above
(using this form[2]), with their application.
C.
No person or persons shall keep or maintain three or more dogs in any one dwelling unit, as defined in Chapter 285 of the Code of the Village of East Aurora, or in any one building, as defined in Chapter 285 of the said Code, within the limits of the Village of East Aurora without a permit from the Board of Trustees. Such permit may be granted if it shall appear to the Board of Trustees, after investigation, that the keeping of the dogs in question will not be objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees. No resident of any two-family dwelling, multiple dwelling, townhouse or apartment house shall keep more than one dog in or on such premises.
[Amended 3-14-2006 by L.L. No. 1-2006]
[Amended 6-21-1965; 3-17-1975 by L.L. No. 2-1975]
A.
No person shall permit any horse, cattle, sheep, swine,
poultry, pigeons or dogs owned by or under the charge, care or custody
of such person to run at large in the Village of East Aurora.
B.
No person owning or having charge, care or custody
of any dog, whether licensed or unlicensed, shall permit such dog
to be at any place in this Village except upon his or her own premises
unless such dog is restrained by a substantial chain or leash not
exceeding six feet in length.
C.
Any dog found at large or in any place in the Village
in violation of the provisions of this chapter shall be subject to
seizure by any police officer or by any other proper person or agency
designated by the Village to seize such dog.
D.
Recovery fees.
[Amended 2-6-1984 by L.L. No. 2-1984; 7-15-1985 by L.L. No.
21-1985; 12-6-1999 by L.L. No. 8-1999]
(1)
If such seized dog bears a license tag for the current
year or the following year, it shall be properly fed and cared for
at the expense of the Village, and the officer or other such designated
person 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 destroyed unless it is redeemed within the period as provided
in the Agriculture and Markets Law of the State of New York. If such
seized dog is not wearing an up-to-date license tag or is unlicensed,
it shall be held for a period as provided in the Agriculture and Markets
Law of the State of New York, during which period such dog shall be
properly fed and cared for at the expense of the Village. During the
time that any dog so seized is held by the Village pursuant to the
Agriculture and Markets Law of the State of New York and this section,
the owner of such dog may recover the same by producing a proper license,
if required by law, and paying the following:
[Amended 11-26-2007 by L.L. No. 9-2007; 9-19-2016 by L.L. No. 3-2016]
(2)
Said sum shall be paid to the Aurora Town Clerk as
per contract with the Town of Aurora.
E.
If any such dog so seized and held is not redeemed
as provided in this section, the keeper of such dog so designated
by the Board of Trustees of this Village may order the destruction
of such dog, or the said keeper may deliver said unredeemed dog to
a proper person upon payment of the seizure and impounding fee and
the fee for four days' keep, and upon the production of a proper license
for the said dog, if required, which said combined sum shall be paid
to the Town Clerk. The Town Clerk shall make and maintain a record
of the disposition of all dogs seized and impounded under the provisions
of this section.
[Amended 11-26-2007 by L.L. No. 9-2007]
A.
No person shall harbor or maintain within the Village
of East Aurora any dog which, by habitually barking or crying, disturbs
the peaceful living of any person. Any dog which howls, barks, cries
or whines continuously or regularly for periods in excess of 30 minutes
so as to disturb the peace, quiet, health or well-being of any other
person shall be deemed to be habitually barking.
[Amended 3-14-2006 by L.L. No. 1-2006]
B.
No person owning, harboring, keeping or having custody
and control of a dog shall suffer, permit or allow such dog to commit
any nuisance by urinating or defecating on or otherwise damaging property
of the public or of another.
C.
Complaints of violations of any of the foregoing provisions
of this section shall be made on forms provided by the Dog Control
Officer and signed by the complainant before a notary public of the
State of New York. Each owner who owns or harbors a dog, other animal
or fowl in violation of any provisions of this section shall be notified
officially in writing by the Dog Control Officer of complaints. Such
notice shall be served either personally upon the owner or harborer
of the dog in violation, or by registered mail. The owner or harborer
shall be allowed five days immediately following the issuance of the
notice in which to eliminate the alleged violation.
[Amended 11-26-2007 by L.L. No. 9-2007]
No person shall bring, deposit or leave exposed
within the Village any dead carcasses or other unwholesome or offensive
substance.
No person shall keep or use any slaughterhouse
or carry on the business of the slaughtering of animals within the
limits of the Village.
[Amended 9-11-1972; 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this
chapter shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
