[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 5-10-1999 by L.L. No. 4-1999 (Ch. 13 of the 1968 Code). Amendments
noted where applicable.]
This chapter shall be entitled the "Animal Control
Law of the Village of Fairport."
The purpose of this chapter shall be to preserve
the public peace and good order in the Village of Fairport and to
contribute to the public welfare and the preservation and protection
of the property and the person of the inhabitants of said Village
by declaring and enforcing certain regulations and restrictions on
activities of animals and owners of animals within the Village.
As used in this chapter, unless otherwise expressly
stated, the following definitions shall apply:
The Agriculture and Markets Law in and for the State of New
York, in effect as of the date of the enactment of this chapter, and
as may thereafter be amended.
Any nonhuman domestic animal or, if not naturally domestic,
one which has come under the control of a human person by being taken
from its natural state and tamed by continued association with or
training by such human person.
Not on the premises of the animal's owner and not confined.
A domestic hen kept for eggs.
[Added 9-12-2022 by L.L. No. 5-2022]
Kept on the owner's premises, either within a building, kennel,
fenced-in area 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 on any public street, way or place, or, if the animal
is being transported, that it is securely confined in a vehicle so
that it cannot escape therefrom.
A structure that is designed to house hens, which is enclosed
on all sides by a roof, doors, and walls, with or without windows,
and no larger than 24 square feet. A mobile or permanent structure
that meets this definition shall be considered a coop.
[Added 9-12-2022 by L.L. No. 5-2022]
The Criminal Procedure Law in and for the State of New York,
in effect as of the date of the enactment of this chapter, and as
may thereafter be amended.
Any member of the species Canis familiaris.
A female domestic chicken.
[Added 9-12-2022 by L.L. No. 5-2022]
The person or persons to whom the animal is licensed, if
a license is required and has been issued, but if not, then the person
who owns, has custody of, harbors or otherwise cares for an animal
found within the Village of Fairport. If the owner of the animal is
a minor, the head of the household in which said minor resides shall
be deemed to be the owner of said animal and shall be liable for any
violation of this chapter.
Any individual, association, partnership, corporation or
other entity.
A male domestic chicken.
[Added 9-12-2022 by L.L. No. 5-2022]
An outdoor area that is enclosed by fencing that is attached
to or surrounding a coop. A run shall be at least four square feet
per chicken.
[Added 9-12-2022 by L.L. No. 5-2022]
A.Â
No person shall keep or house animals or birds except
customary household pets and chickens within the Village of Fairport.
[Amended 9-12-2022 by L.L. No. 5-2022]
B.Â
No owner of any animal in the Village of Fairport
shall permit or allow such animal to:
(1)Â
Run at large unless said animal is restrained by an
adequate collar and leash or unless accompanied by its owner or a
responsible person able to control the animal.
(2)Â
Engage in habitual loud howling or barking, make other
noise or conduct itself in such other manner so as to annoy any person
other than the owner of such animal.
(3)Â
Cause damage or destruction to property of a person
other than the owner of such animal.
(4)Â
Bite, chase or otherwise harass any person in such
a manner as reasonably to cause intimidation to or to put such person
in reasonable apprehension of bodily harm or injury.
(5)Â
Habitually chase or bark at any person other than
its owner or any vehicles.
(6)Â
Create a nuisance by defecating, urinating or digging
on property other than the property of the owner.
C.Â
No owner of any animal in the Village of Fairport
shall permit any premises, structures or enclosures in which such
animal is kept to be unclean or unsanitary.
D.Â
No person shall keep more than four customary household
pets which are six months or older on any premises, regardless of
the number of owners.
[Amended 9-12-2022 by L.L. No. 5-2022]
[Added 9-12-2022 by L.L. No. 5-2022]
A.Â
There
shall be no slaughtering of chickens on the premises at any time.
B.Â
No roosters
may be kept in the Village of Fairport.
C.Â
No more
than six chickens shall be kept on the parcel at any time.
D.Â
All chickens
shall be kept on the parcel at all times.
E.Â
Chickens
shall be kept outdoors and contained within a coop or run at all times.
F.Â
Coops
and runs shall not be placed in front yards. All chicken coops and
runs shall be at least five feet from any dwelling, building, and
lot line.
G.Â
Chickens
shall always have access to food and water which shall not be accessible
to rodents, wild birds, or predators. All food which is stored shall
be kept in rodent- and predator-proof closed containers.
An Animal Control Officer or Officers shall
be appointed by the Village Board, and such officer(s) shall have
all reasonable and necessary powers to enforce all provisions of this
chapter, including but not limited to those powers and responsibilities
with respect to dogs as a dog control officer or officer(s) as enumerated
in Agriculture and Markets Law § 114, including but not
limited to the powers of a peace officer, the power to issue and serve
any process and to execute any order or process in the execution of
this chapter.
Any violation of this chapter shall be deemed
a violation as defined in the Criminal Procedure Law and shall be
prosecuted in the same manner as a violation, pursuant to the Criminal
Procedure Law.
A.Â
Any Animal Control Officer, peace officer or police
officer in the employ of the Village of Fairport, or under contract
with the Village of Fairport for Animal Control Officer services,
may seize any dog which is not identified and which is not on the
owner's premises, any dog which is not licensed, whether on or off
the owner's premises, or any animal which is in violation of this
chapter.
B.Â
Any dog or other animal so seized shall be cared for,
redeemed and/or disposed of in accordance with the procedures set
forth for dogs in Agriculture and Markets Law § 118, except
as follows:
(1)Â
The impoundment fee shall be $50 for the first offense,
plus an additional $25 for each subsequent offense, as a cost of seizure,
plus an additional charge for the reasonable cost of caring and feeding
such animal incurred by the Village.
(2)Â
The redemption period for a dog or other animal shall
be five days, if notice to the owner is given by personal delivery,
or eight days if notice to the owner is given by mail. The redemption
period for a dog or other animal when an owner cannot be identified
shall be eight days.
[Amended 9-12-2022 by L.L. No. 5-2022]
(3)Â
If an animal is not redeemed, the owner shall forfeit
all title to the animal, and the animal shall be made available to
the Monroe County Humane Society, Inc., the American Society for the
Prevention of Cruelty to Animals or any other society duly incorporated
for that purpose for adoption or euthanasia in accordance with Agriculture
and Markets Law § 374.
[Amended 5-10-2010 by L.L. No. 1-2010]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, any person who is convicted of
violating any provision of this chapter shall be sentenced for each
offense to a penalty of a fine of not more than $250 or imprisonment
for not more than 15 days, or by both such fine and imprisonment.
The Dogs and Other Animals Law in and for the Village of Fairport, as previously set forth in Chapter 13 of the Fairport Village Code, is repealed as of the effective date of this chapter. Such repeal shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect.
