[HISTORY: Adopted by the Board of Trustees of the Village of Rouses Point 10-5-2009 by L.L. No. 4-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also superseded former Ch. 60, Dogs, adopted 7-20-2009 by L.L. No. 3-2009.
The Village Board of Trustees of the Village of Rouses Point (the Village) finds that the running-at-large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and damage to property and created nuisances within the Village. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running-at-large of dogs within the Village.
This chapter is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law of the State of New York.
The title of this chapter shall be "Dog Control Law of the Village of Rouses Point."
As used in this chapter, the following words shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter, and as amended thereafter.
CONFINED
That such animal is securely confined or restrained and kept on the owner's premises, whether within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Clinton County Legislature or the Village Board of Trustees from time to time to enforce the provisions of this chapter or the provisions of the Agriculture and Markets Law.
HARBOR
To provide food or shelter to any dog.
OWNER
The party purchasing the license, unless the dog is or has been lost and such loss has been reported to the Dog Warden and reasonable search has been made. If an animal is not licensed, the terms "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Village. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this chapter shall be held and deemed to be the owner of such dog for the purpose of this chapter. In the event any dog found to be in violation of this chapter shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog in violation of this chapter.
RECREATIONAL AREA
Any real property owned by the Village which is used for recreational purposes by the public, including, but not limited to, parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
SCHOOL PREMISES
Any real property situate within the Village which is used for educational purposes or purposes incidental thereto.
VILLAGE
The area within the corporate limits of the Village.
A. 
It shall be unlawful for any owner of any dog in the Village to permit or allow such dog to:
(1) 
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by a command. For the purpose of this chapter, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner.
(2) 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
(3) 
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog.
(4) 
Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
(5) 
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
(6) 
Create a nuisance by defecating or digging on public property or on private property other than that of the owner of the dog.
(7) 
If a female dog, be off the owner's premises when in heat.
(8) 
Be at large on any school premises or recreational areas, or the sidewalks adjacent thereto, unless said dog is on a leash.
B. 
Establishment of the fact or facts that a dog has committed any of the acts prohibited by § 60-5 of this chapter shall be presumptive evidence against the owner or harborer of such dog that he/she has failed to properly confine, leash or control his/her dog.
This chapter shall be enforced by any dog control officer or peace officer when acting pursuant to his/her special duties.
A. 
Any dog found in violation of the provisions of § 60-5 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B. 
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.
C. 
Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article.
D. 
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his/her dog.
E. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
F. 
No action shall be maintained against the Village, any dog control officer or peace officer when acting pursuant to his/her special duties, or any other agent or officer of the Village or person under contract to said Village to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this chapter or the Agriculture and Markets Law.
Any dog control officer, peace officer when acting pursuant to his/her special duties, or police officer in the employ of or under contract to the Village observing a violation of this chapter in his/her presence shall issue and serve an appearance ticket for such violation.
A. 
Any person who observes a dog in violation of this chapter may file a complaint under oath with a Village Justice specifying the nature of this violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog.
B. 
Upon receipt by the Village Justice of any such complaint, he/she shall summon the alleged owner to appear in person before him/her for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Village Justice decides that further action is warranted, he/she may order:
(1) 
The dog to be declared a vicious or dangerous dog to be restrained by collar and leash at all times whether on or off the owner's property;
(2) 
The dog to be confined to the premises of the owner;
(3) 
Such other remedy as may be warranted by the circumstances in such case.
C. 
A violation of any order issued by a Village Justice under the provisions of this § 60-9 shall be an offense punishable, upon conviction thereof, as provided in § 60-10 of this chapter.
A conviction of a violation of this chapter shall be deemed an offense and shall be punishable by a fine not exceeding $150 for the first offense, and $250 for each offense thereafter.