[Adopted 5-23-1977 as Ch. 30, Art. I, of the 1977 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any person who owns or harbors a dog for a period of one
week.
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the knowledge, consent or approval
of the owner of such lands.
[Added 8-26-1996 by L.L. No. 3-1996]
It shall be unlawful for the owner of any dog
or for any person harboring any dog in Cuba Village to permit or allow
such dog to:
A.
Run at large in any place in Cuba Village. Every dog
outside the property limits of the owner shall be restrained by an
adequate collar and leash no longer than eight feet in length and
be accompanied by its owner or responsible person able to control
the animal. For the purposes of this article, a dog or dogs hunting
in the company of a hunter or hunters shall be considered as accompanied
by its owner.
[Amended 8-26-1996 by L.L. No. 3-1996]
B.
Engage in habitual loud howling or barking or to conduct
itself in such a manner so as to habitually annoy any person other
than the owner or person harboring such dog.
C.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
D.
Chase or otherwise harass in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to the premises of such person
during such period.
Any person who observes a dog causing damage
or destruction to property of a person other than its owner or committing
a nuisance upon the premises of a person other than its owner in violation
of this article may file a signed complaint, under oath, with the
Town Justice of the Town of Cuba specifying the objectionable conduct
of the dog, the date thereof, the damage caused, a description of
the dog and the name and the residence, if known, of the owner or
other person harboring said dog.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, the Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him/her; if the summons is disregarded, the Justice
may permit the filing of information and issue a warrant for the arrest
of such person.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No.
3-1996]
All local police officers of the Village or
Town of Cuba and/or the Town Dog Control Officer shall be authorized
to enforce the appropriate provisions of this article as well as the
Agriculture and Markets Law of the State of New York with respect
to dogs in Cuba Village. Such local police officers and/or the Town
Dog Control Officer shall have the authority to seize any dog which
is found to be in violation of any portion of this article as well
as any dog or dogs otherwise required to be seized under and by virtue
of the Agriculture and Market Law of the State of New York in pursuance
of and in conformance with Article 7 of the Agriculture and Markets
Law of the State of New York.
Every dog seized shall be cared for and disposed
of as follows:
A.
Every dog seized shall be properly sheltered, fed
and watered until disposition thereof is made as herein provided.
The redemption of a seized dog shall be in conformance with and pursuant
to the provisions of the Agriculture and Markets Law of the State
of New York, both as to licensed and unlicensed dogs.
[Amended 6-9-1997 by L.L. No. 2-1997]
B.
In the event that a dog is identified after seizure
by its license or otherwise, the police officer and/or Town Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice, personally serving such owner or an adult member of his/her
family with a notice, in writing, stating that the dog has been seized
and that the dog will be destroyed unless redeemed within the period
herein provided.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No.
3-1996]
C.
Any dog so impounded shall be confined for a period
of five days if unlicensed or seven days if licensed and may be redeemed
by the owner or harborer thereof upon payment of the actual cost to
maintain the dog during the impoundment period not to exceed a fee
as set forth from time to time by resolution of the Board of Trustees,[1] and if the dog is unlicensed, presenting proof the dog
has been licensed.
[Amended 5-23-1977 by L.L. No. 18-1977; 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No. 3-1996]
[1]
Editor's Note: The current fees resolution
is on file in the office of the Village Clerk.
D.
If any dog so seized is not redeemed within the time
hereinbefore set forth, the owner shall forfeit all title to the dog
and the dog shall be made available for adoption or euthanized, provided
that no such dog shall be delivered for adoption unless it has been
licensed pursuant to the provisions of this article prior to its release
from the custody of Cuba Village.
[Amended 3-12-1979 by L.L. No. 1-1979]
E.
The Village Clerk and/or the Town Dog Control Officer
is hereby authorized to dispose of any dog seized after the expiration
of the redemption period pursuant to § 118 of the Agriculture
and Markets Law of the State of New York. The Village Clerk shall
keep a record of all dispositions of unclaimed dogs, which such record
shall be a public record open to inspection during office hours by
interested parties. Any peace officer or dog control officer destroying
a dog seized within Cuba Village shall make a written report of such
destruction and disposition and file such written report with the
Village Clerk. The Village Clerk shall keep a record of such written
reports, and such reports shall be a public record open to inspection
during office hours by interested parties.
[Amended 3-12-1979 by L.L. No. 1-1979; 8-26-1996 by L.L. No.
3-1996]
[Amended 5-23-1977 by L.L. No. 18-1977; 3-12-1979 by L.L. No. 1-1979]
Any person who violates this article or knowingly
permits violation of this article or any of the provisions thereof
shall be deemed to have committed an offense against this article,
and any person convicted of any such violation after investigation
and hearing shall be subject to the fines as prescribed in Subdivision
2 of § 119 of the Agriculture and Markets Law of the State
of New York prosecuted civilly/criminally as therein designated.
