[HISTORY: Adopted by the Board of Trustees
of the Village of Lake George as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-17-2008 by L.L. No. 13-2008]
[1]
Editor's Note: Former Art. I, Animals at Large,
adopted 5-19-1930 by Ord. No. 12, was repealed 8-21-2006 by L.L. No.
7-2006.
The breeding, feeding or pasturing of livestock
farming animals within the limits of the Village of Lake George is
hereby prohibited.
[Adopted 2-4-1980 by L.L. No. 1-1980]
The purpose of this article shall be to preserve
public peace and good order in the Village of Lake George and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Village of Lake George.
As used in this article, the following terms
shall have the meanings indicated:
An unleashed dog off the premises of the owner.
When used as a verb, means to lead a dog into that portion
of the street between the curblines so that it can excrete waste matter.
[Added 7-18-1994 by L.L. No. 8-1994]
Both male and female dogs.
A person or persons appointed by the Town of Lake George
for the purpose of enforcing this article on or after January 1, 1980.
[Amended 5-16-2005 by L.L. No. 9-2005]
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors or has control of
a dog. Dogs owned by minors shall be deemed to be in the custody and
control of the parents or other head of the household where a minor
resides. Any person harboring a dog or having right of property in
such dog and any person who has such dog in his keeping shall be deemed
to be the "owner" of the dog for the purpose of enforcing this article.
[Amended 7-18-1994 by L.L. No. 8-1994]
It shall be unlawful for any owner of a dog
in the Village of Lake George to permit or allow such dog:
A.
To run at large unless the dog is restrained by an
adequate leash or unless it is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
To engage in habitual loud howling, barking or whining
or to conduct itself in such manner as to habitually annoy any person
other than the owner or harborer of the dog.
C.
To cause damage or destruction to public or private
property, or to cause, suffer or allow such dog to soil, defile, defecate
on or otherwise commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk or upon any private property without the permission of the
owner of said property. This restriction shall not apply to that portion
of the street lying between the curblines, which shall be used to
curb such dog under the following conditions:
[Amended 7-18-1994 by L.L. No. 8-1994]
(1)
The person who so curbs such dog shall immediately
remove all feces deposited by such dog.
(2)
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any dog curbed by flushing the same down a sanitary
sewer system or by use of a chemical container causing disintegration.
In the event that a chemical container is used, ultimate disposal
must be made in accordance with Department of Environmental Resources
regulations concerning solid waste disposal.
D.
To bite, chase, jump upon or otherwise harass any
person in such manner as to cause intimidation or to put such person
in reasonable apprehension of bodily harm or injury.
E.
To chase, leap on or otherwise harass bicycles or
motor vehicles.
F.
To kill or injure any dog, cat or other household
pet.
G.
To be unlicensed when six months of age or older.
H.
To not have a current and valid New York State identification
tag on its collar while at large, whether or not restrained by an
adequate leash.
All female dogs shall be confined to the premises
of their owner while such are in season (heat) and may not be left
outside unattended. Any owner not adhering to this rule will be subject
to having the dog seized by the Dog Control Officer and removed to
a safe place of confinement.
All premises occupied or used by dogs shall
be kept in a clean, sanitary condition. Failure to provide adequate
food, water or space shall subject dogs to seizure and confinement.
"Adequate" shall mean sufficient for the age, size and number of dogs
on the premises. Upon conviction of the owner or harborer, the dogs
shall become the property of the Village of Lake George or be released
to an authorized humane society, veterinarian or kennel for adoption
or euthanasia.
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter. The record shall include
the date of pickup, breed, general description, sex, identification
numbers, time of pickup, location of release and the name and address
of the owner, if any.
A.
If a dog seized is not wearing an identification tag
(license tag), it shall be held for a period of no less than three
days.
B.
If a dog seized is wearing an identification number,
the owner shall be promptly notified either in person or by certified
mail. If the owner is notified in person, the dog shall be held for
a period of no less than seven days; if notified by mail, no less
than nine days.
C.
The owner of the dog shall be responsible for any
impoundment fee established by the Village of Lake George as follows:
[Amended 5-2-1983 by L.L. No. 5-1983; 3-21-1994 by L.L. No.
3-1994]
D.
If not redeemed, the owner shall forfeit all title
to the dog, and it shall be released to an authorized humane society
or kennel to be adopted or euthanized, in which event all costs thereof
shall be paid by the owner of the dog.
[Amended 3-21-1994 by L.L. No. 3-1994; 2-8-1999 by L.L. No.
1-1999]
E.
All dogs seized and impounded shall be vaccinated
for bordatella, canine distemper and parvo viruses at a cost not to
exceed $30, and the owner of the dog shall pay all such costs.
[Added 2-8-1999 by L.L. No. 1-1999]
Any person who observes a dog in violation of
any section of this article may file a signed complaint, under oath,
with the Police Justice or with the authorized Dog Control Officer
or any peace officer, specifying the violation, the date of violation
and the damage caused, including the place(s) the violation occurred
and the name and address of the dog owner, if known.
[Amended 5-16-2005 by L.L. No. 9-2005]
The Dog Control Officer of the Town of Lake
George shall, and all peace officers may, administer and enforce the
provisions of this article and for this purpose shall have the authority
to issue appearance tickets and to seize dogs either on or off the
owner's premises, if witnessed to be in violation of this article.
[Amended 7-18-1994 by L.L. No. 8-1994]
A violation of this article shall constitute
a violation as defined in the Penal Law of the State of New York.
Any person who violates or who fails or refuses to comply with this
article shall be liable to pay a fine of $250 for the first offense
and $500 for the second offense or be sentenced to imprisonment for
a term of not more than 15 days, or both, upon conviction before any
court of competent jurisdiction.
No person shall hinder, resist or oppose the
Dog Control Officer or peace officer authorized to administer or enforce
the provisions of this article in the performance of the Officer's
duties under this article.
The owner or harborer of any dog so destroyed
under the provisions of this article, whether destroyed by the Dog
Control Officer or a peace officer or released to an authorized humane
society or veterinarian, shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of such dog or any other type of damage.
