ARTICLE I, Control of Dogs

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ARTICLE I, Control of Dogs

§ 85-1. Definitions

GENERAL REFERENCES

Noise -- See Ch. 159.

When used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated:

DOG -- Any dog of either sex and of any age unless otherwise indicated herein.

OWNER -- Includes any person owning, harboring or keeping a dog within the limits of the Village and the parent, guardian or other adult person with whom a minor dog owner resides.

§ 85-2. Leash and control required

The owner of any dog shall restrain such dog by a leash, not exceeding six feet in length, while off the owner's premises, whether or not said dog is tagged or licensed. The owner of a dog shall not suffer, permit or allow his dog off the owner's premises unless restrained by a leash as set forth above and unless accompanied by a person of suitable age and discretion who can physically control the acts of such dog.

§ 85-3. Nuisances and disturbing noise prohibited

A. No person owning, harboring, keeping or having custody and control of a dog shall suffer, permit or allow such dog to commit any nuisance, urinate or defecate on or otherwise damage property of the public or of another. The upsetting of a garbage can, chasing of vehicles or attacking, snapping at or biting of a person by a dog while off the owner's premises shall be deemed to be a nuisance.

B. No person shall have to keep or permit to be kept on any premises owned or occupied, in whole or in part, by him within the corporate limits of the Village any dog or another animal which, by habitually barking, howling or whining, disturbs the neighborhood.

C. No owner shall suffer, permit or keep a female dog unless such dog is confined and restrained during breeding periods so as to be unaccessible by other dogs, except for arranged breeding purposes.

§ 85-4. Procedure concerning dog bites

A. Notification of dog bites. Any person who shall be bitten by a dog in the Village, or the parent, guardian or person with whom a minor child who has been bitten resides, shall forthwith notify the Village Clerk, in writing, of such fact, together with all attendant circumstances, such as the time and place of the biting; the name, age and address of the person bitten; the name, breed and license number of the dog, if available, otherwise a thorough description of said dog; the name and address of the owner, if known; and the names and addresses of witnesses, if known.

B. Quarantine test required. The Village Clerk shall forthwith notify the Dog Enforcement Officer or any police officer or any officer authorized by law to seize and impound such dog pursuant to the provisions of the Agriculture and Markets Law of such dog biting, and such officer shall have the authority to seize and impound such dog and to isolate and quarantine said dog in the designated humane facility for a period of 10 days. Said officer shall have the authority to subject such quarantined dog to all the proper tests by a licensed veterinarian for the purpose of determining the presence of rabies, if he determines that such tests should be given.

C. Expense. The expense of such quarantine, report and veterinarian's fees for the examination and rabies tests, if any, shall be borne entirely by such owner, person possessing or person harboring such dog.

D. Private agreements prohibited. No agreement, express or implied, between such owner, person possessing or person harboring such dog and any person bitten or his or her parents or guardian purporting to waive the necessity for strict compliance with the provisions of this article shall be a defense to prosecution hereunder, as hereinafter provided.

§ 85-5. Impounding and seizure of dogs

A. Any dog running at large contrary to the provisions of this article within the limits of the Village shall also be subject to seizure and impounding by any police officer or by any person or agency designated by the Village or authorized by law to seize and impound such dog pursuant to the provisions of Article 7 of the Agriculture and Markets Law.

B. Every dog seized shall be properly fed and cared for at the expense of the municipality until disposition thereof shall be made as herein provided.

C. Notice of impounding. The officer seizing any such dog shall ascertain wherever possible the owner of the dog and shall give reasonable notice by personally serving such owner or an adult member of his family with a notice, in writing, stating the dog has been seized and will be destroyed unless redeemed within the period herein provided.

D. Redemption fees. Any dog seized in accordance with the provisions of this article may be redeemed by the owner or harborer of the same upon payment to the designated humane facility as provided in Agriculture and Market Law § 118.

E. Disposal of unredeemed dogs. If not so redeemed, the owner or harborer of the dog shall forfeit all title to the dog, and the dog shall be sold or destroyed by the peace officer or other designated person.

§ 85-6. Pooper scooper

A. The owner of any dog or cat shall be responsible for cleaning up excrement of their animal when elsewhere other than owner's premises.

B. No person who owns a dog or cat shall permit the premises, structure or enclosure in which such dog or cat is kept to be in an unclean or unsanitary condition. Each day the owner fails to comply with this provision shall be deemed a separate offense.

§ 85-7. Training

No training of any dogs or cats on a frequent or regularly scheduled basis by a firm or business established for such purpose will be allowed on any properties owned by the Village.

§ 85-8. Enforcement

Any police officer of the Village, the Animal Enforcement Officer of the Village or any other person or agency designated by the Village or authorized by law to seize and impound a dog pursuant to the provisions of Article 7 of the Agriculture and Markets Law shall have the authority to enforce the provisions of this article, including the issuance of a warning (“Warning”) and a notice of fine (“Notice of Fine”) in forms substantially similar to those in Schedule C, and/or serve a summons or an appearance ticket or execute of any other appropriate court process and shall have the power to seize and impound any dog in violation of any provisions of this article. [See also §85-27.1 Enforcement]

§ 85-9. Penalties for offenses

Penalties for violations of this Chapter are provided in Schedule C.