[HISTORY: Adopted by the Board of Trustees of the Village of Canton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-1975 by L.L. No. 5-1975 as Ch. 49 of the 1975 Code]
No person, firm or corporation being the owner of or having possession, custody or control of any animal or fowl shall suffer or permit such animal or fowl to run at large within the Village of Canton, and any person who harbors any animal or fowl shall be deemed the owner thereof.
No person, firm or corporation shall keep swine or goats or allow them to be kept on premises owned or leased by him or it within the Village of Canton.
A. 
No person, firm or corporation shall keep chickens, ducks, geese or any domestic fowl, animal or animals within the village without the written consent of the adjoining property owners and the Board of Trustees.
B. 
Any building or structure housing such fowl or animals must be kept in a sanitary condition.
Any person who shall violate any of the provisions of this article shall be punishable by a fine of not more than $50 and every such violation shall constitute disorderly conduct. If such offending person shall have received notice to abate any nuisance and shall neglect to do so, the continuance of the same each day after notice shall constitute a separate violation of this article.
[Adopted 12-12-1977 by L.L. No. 7-1977]
This article shall be known and cited as the "Dog Control Law of the Village of Canton, New York."
This article is enacted pursuant to the provisions of § 126 of the Agriculture and Markets Law of the State of New York.[1]
[1]
Editor's Note: See now § 124 of the Agriculture and Markets Law. Former § 126 was repealed by L. 1978, c. 220.
The Village Board of the Village of Canton has determined that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and have damaged property and have created nuisances within the village. The purpose of this article is to protect the health, safety and well-being of persons and property and to preserve public peace and good order in the village by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of other residents of the village.
When used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated:
CONFINED
That any such animal is securely confined or restrained or kept on the owner's premises, either 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 on any adjacent premises or in 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
Includes any dog of either sex and of any age, unless otherwise indicated herein.
DOG WARDEN
The person appointed by the Board of Trustees of the Village of Canton to assist in the enforcement of this article, and every dog seized by the Dog Warden shall be maintained, redeemed, sold or destroyed in accordance with Article 7 of the Agricultural and Markets Law of the State of New York.
OWNER
The party purchasing the license for the dog. If the dog is not licensed, the term "owner" shall be construed to include any person who at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the village. In the event that the owner of any dog which is found to be in violation of this article is 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 article.
RUN AT LARGE
A dog shall be deemed to be running at large if it is elsewhere than on the premises of the owner while not under the control of the owner or his agent and without the knowledge, consent or approval of the owner of such lands.
UNDER CONTROL
A dog shall be deemed to be under control when it is under either voice command or a suitable restraining device designed for that purpose.
A. 
No dog shall be knowingly allowed to run at large within the Village of Canton.
B. 
No unspayed female dog in season shall be knowingly allowed to be outside a building or a fenced enclosure.
C. 
No dog shall be knowingly allowed upon the public streets or upon any public property within the Village of Canton unless it shall be accompanied by its owner or a responsible person able to restrain and control said dog by command and unless such person accompanying said dog shall actually control and restrain said dog by some suitable device designed and used for that purpose.
D. 
No dog shall be knowingly allowed upon the golf course at the Remington Recreation Center.
[Added 6-2-1998 by L.L. No. 6-1998]
E. 
No dog shall be knowingly allowed upon the trail known as the "Canton Trail" located at the Remington Recreation Center unless the dog is accompanied by its owner or a responsible person and unless such person shall actually control and restrain said dog by some suitable device designed and used for that purpose.
[Added 6-2-1998 by L.L. No. 6-1998]
No person being the owner or the agent of the owner of any dog shall knowingly allow such dog to commit any nuisance within the Village of Canton or cause damage to the person or property of others. The following are declared to be public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances, and the establishment of the fact that the owner of a dog has allowed or permitted such dog to commit any of the acts hereinafter prohibited shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine or control said dog:
A. 
Engaging in loud howling or persistent barking, crying or whining or so conducting itself in such a manner as to unreasonably and persistently disturb the comfort or repose of any person other than the owner of such dog.
B. 
Chasing and/or barking 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.
C. 
Jumping upon, chasing or otherwise harassing 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.
D. 
Being found upon the school grounds of any school within the Village of Canton during the time of year when said schools are open, and between one hour prior to commencement of the school day and one hour after the end of the school day, or upon a playground within said Village of Canton at any hour during the time of year when playground activities are conducted.
E. 
Running together in a pack or in any way forming a pack of dogs. For the purpose of this article, the word "pack" is hereby defined to mean three or more dogs.
F. 
Defecating, urinating, digging or otherwise damaging public property or private property other than the property of said owner.
Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York shall be dealt with in accordance with Article 7 of said Agriculture and Markets Law.
[Amended 4-27-1992 by L.L. No. 3-1992]
A. 
Any person who observes or has knowledge of a dog violating any provision of this article may file or register a verbal complaint with the Dog Warden or the Village of Canton Police Department specifying the objectionable conduct of the dog, the date thereof, the description of the dog and the name and address, if known, of the owner or other person harboring said dog.
B. 
Upon receipt by the Dog Warden of any such complaint or in the event that any dog is found by the Dog Warden to be in violation of any provision of this article, the Dog Warden shall, if possible, seize and take into custody said dog and, in any event, as soon as circumstances will permit, issue and deliver to the owner of said dog a ticket providing for payment of a civil penalty of $75 in lieu of court appearance and fine. Such civil penalty shall be paid to the Village Clerk within 10 days following the issuance of the ticket. Changes in the civil penalty may hereafter be made by the Village Board of Trustees, from time to time, by resolution passed by a majority thereof.
C. 
In the event that the owner of said dog does not pay the civil fine, then the Dog Warden shall issue an appearance ticket, pursuant to § 126 of the Agriculture and Markets Law of the State of New York,[1] detailing the violations and instructing the owner to appear before the Justice Court of the Village of Canton within five days. If such appearance ticket is disregarded by such person, the Dog Warden or complainant may file an information with said Court, which Court shall then issue a summons or warrant for the arrest of such person.
[1]
Editor's Note: See now § 124 of the Agriculture and Markets Law. Former § 126 was repealed by L. 1978, c. 220.
D. 
In the event that any dog has been seized or taken into custody by the Dog Warden, its owner shall be required to pay to the boarding facility designated by the village the sum designated by said boarding facility for each day during which said dog shall be boarded by the boarding facility designated by the village. In addition, the owner shall be required to pay directly to the Village Clerk the sum by which the amount charged to the village by the designated boarding facility exceeds the civil penalty collected pursuant to Subsection B of this section or by which said charge exceeds the penalty imposed by the Justice Court upon conviction pursuant to § 98-13.
[Amended 11-18-1991 by L.L. No. 10-1991]
Upon conviction, a violation of any of the provisions or restrictions of this article shall be punishable by a fine not exceeding $75 for each violation. Increases in the fine may hereafter be made by the Village Board of Trustees, from time to time, by resolution passed by a majority thereof.