[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton 9-11-1973. Amendments noted where applicable.]
The purpose and intent of this chapter shall
be to preserve the public peace and good order of the Village of Hamilton,
Madison County, New York, to contribute to the public welfare and
to 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 dogs and owners of dogs
within the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
Any dog shall be deemed "at large" when it is off the property
of its owner and not under restraint.
Any member of the species Canis familiaris.
[Amended 1-14-1992 by L.L. No. 1-1992]
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head of the
household where the minor resides.
A dog is under restraint when it is controlled by a leash,
said leash not to be in excess of six feet, or in the presence of
a competent person and obedient to that person's commands; or on or
within a vehicle being driven or parked on the street, or within the
property limits of its owner or keeper or upon the premises of another
with the consent of such other person.
The position of Dog Warden may be created by
the Village Board of Trustees of the Village of Hamilton, and such
Dog Warden shall have all of the powers of a peace officer in the
execution of this chapter and in the execution of Article 7 of the
Agriculture and Markets Law, including the service of summons, and
the service and execution of any other order or process. Every dog
seized by the Dog Warden shall be maintained, redeemed, sold or destroyed
in accordance with Article 7 of the Agriculture and Markets Law.
A.
No owner shall permit or allow a dog to run at large within the Village of Hamilton, unless such dog shall be restrained as provided in § 52-2 herein.
B.
No dog shall be permitted to cause damage or destruction
to property or commit a nuisance or to defecate upon the premises
of a person, other than to or upon the premises of the owner or persons
harboring such dog.
C.
No owner shall keep or harbor a dog which howls or
barks habitually or continuously so as to disturb the peace and quiet
of other persons.
D.
No dog shall be permitted to chase or otherwise harass
any person in such manner as to reasonably cause intimidation or to
put such person in reasonable apprehension of bodily harm or injury.
E.
No dog shall be permitted to habitually chase or bark
at moving motor vehicles, bicycles, animals or snowmobiles.
F.
No unspayed female dog in season shall be permitted
to be outside a building or a fenced enclosure, except that the owner
may exercise such dog while on a securely fastened leash not more
than six feet long.
G.
No person owning or harboring a dog shall fail to
provide such dog with wholesome food and water, proper shelter and
protection from the weather, veterinary care when needed to prevent
suffering and humane care and treatment.
[Amended 1-14-1992 by L.L. No. 1-1992[1]]
[1]
Editor's Note: This local law also repealed original Section
5 of this ordinance, Unlicensed dogs, which immediately followed this
section.
A.
Any person who observes a dog violating or which is being permitted to violate any of the restrictions set forth in § 52-4 herein may file a complaint, signed under oath, with the Municipal Judge, Village of Hamilton, specifying the violation, the date thereof, damage, if any, caused, a description of the dog and name and residence, if known, of the owner or other person harboring such dog.
B.
Upon receipt by the Municipal Judge of any complaint
against the conduct of any particular dog or the owner thereof, the
Municipal Judge shall, upon a three-day notice, summon the alleged
owner or other person harboring said dog to appear in person before
him to answer to said complaint. If the summons is disregarded, the
Judge may permit the filing of an information and issue a warrant
for the arrest of such person.
[Amended 1-14-1992 by L.L. No. 1-1992]
This chapter shall not apply to any dog exempted
by § 107 of the New York State Agriculture and Markets Law.
[Amended 11-14-1978 by L.L. No. 2-1978; 1-14-1992 by L.L. No.
1-1992]
[Amended 1-14-1992 by L.L. No. 1-1992]
A.
For a violation of § 52-4, the Dog Warden may, upon determination and identification of the dog, seize the same and hold the same for redemption or otherwise as provided in § 118 of the Agriculture and Markets Law; in addition to such seizure and, in any event, whether or not such seizure is made, the Dog Warden shall serve, mail or deliver to the owner of the dog a notice of second violation, which notice shall instruct the owner to report to the Village Clerk's office in regard to such violation. Each owner shall, within the time period set forth in § 118 of the Agriculture and Markets Law, pay to the Village an additional civil penalty for such violation, the sum of not to exceed $50.
B.
The failure of such owner to make payment to the Village
Clerk shall render the owner subject to a civil action in the name
of the Village to recover from the owner the applicable penalty established
in this section.
