[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-14-1974
as Ch. 5 of the Code of Ordinances. Amendments noted where applicable.]
It shall be unlawful for any person to keep or harbor any cattle, horses,
swine, sheep, goats or other livestock or fowl in or on any premises within
the village.
[Amended 6-1-1987 by L.L. No. 2-1987]
It shall be unlawful for any person to allow or permit any cattle, horses,
swine, sheep, goats or other livestock or fowl to run at large in any public
streets, lanes, alleys or public places in the village.
No person shall have or keep or permit to be kept on any premises owned,
occupied or leased, in whole or in part, by him, within the corporate limits
of the village, any dog, cat or other animal which, by its howling, crying
or whining, shall disturb, annoy or disrupt the neighborhood. The "neighborhood,"
for this section, shall be defined as disturbing, annoying or disrupting one
or more residents who are willing to make a formal complaint.
No person owning and having in custody a dog shall allow or permit such
dog to be at large within the village except upon the premises of the owner.
Any dog which is not on the premises of the owner must be restrained by a
leash not exceeding six feet in length at all times. The owner of any such
dog shall be solely responsible for properly securing the dog, either by chain
or some other means, upon his property so as not to allow the dog to run at
large.
The Dog Warden or any police officer of the village shall have full
authority to apprehend all dogs, whether licensed or unlicensed, which are
running loose in the village. In addition thereto, the Village Dog Warden
or any police officer of the village shall have the right to impound such
dog at an appropriate place and dispose of the animal pursuant to state law.
The Village Dog Warden, with the consent of the Village Board of Trustees,
shall set a reasonable amount for daily rental for a dog, which amount must
be paid prior to the dog being released from the pound. This money is intended
to pay for the cost of keeping the dog, the exact sum to be set by agreement
between the Village Board of Trustees and the Village Dog Warden. The money
shall be payable, at the time the dog is picked up, to the Village Dog Warden.
The village reserves the right to impound any dog or cat which has bitten
any person in the village. Such dog or cat shall be placed in the care of
the Village Dog Warden or a veterinarian for a necessary period of time, at
the owner's expense, to determine whether or not such dog or cat is rabid.
It shall be unlawful for any person to keep or harbor more than 10 cats
in or on any premises in the village, unless such person shall apply to the
Village Board of Trustees for permission so to do. Such permission shall be
granted at the discretion of the Village Board of Trustees.
No person shall keep chickens crated for a period longer than six hours
in or on any premises or trucks or other vehicles within the village, and
no empty chicken crates shall be kept or stored in any yard.
No person shall kill or butcher chickens, ducks, turkeys and other domestic
fowl for sale, within the limits of the village, unless a written permit therefor
setting forth the name of such person and the place where such killing may
be permitted shall have been obtained from the Village Board of Trustees,
signed by the Mayor of the village and Village Clerk and duly granted by the
Village Board of Trustees. Such permit shall be subject to such regulations
as the Village Board of Trustees may, from time to time, provide.
A.
Upon the death of any animal within the village, except
when the same is killed for food, the owner or persons having control thereof
shall immediately notify the village and remove the carcass to such place
as the village may direct and there properly dispose of the same in a manner
approved by the village.
B.
Should any animal, whose owner is unknown, be found dead
on the premises of another or on a public road contiguous thereto, the occupant
of such premises shall immediately report the same to the village, which shall
cause such animal to be disposed of.
The village shall have the authority, pursuant to this section as well
as pursuant to the Agriculture and Markets Law of the State of New York, to
appoint a full-time or part-time Dog Warden.
[Added 8-2-1999 by L.L. No. 1-1999[1] ]
No person owning, harboring, keeping or in charge of any dog, cat, cattle,
horse, swine, sheep, goat or other livestock, fowl or domestic animal shall
cause, suffer or allow such dog, cat, cattle, horse, swine, sheep, goat or
other livestock, fowl or domestic animal to soil, defile, defecate on or commit
any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play
area, park or any place where people congregate or walk or upon any private
property without the permission of the owner of said property. Notwithstanding
the foregoing, with respect to dogs only, the restriction in this section
shall not apply to that portion of the street lying between the curblines,
which shall be used to curb such dog under the following conditions:
A.
The person who so curbs such dog shall immediately remove
all feces deposited by such dog.
B.
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping or in charge
of any dog curbed by flushing same down a sanitary sewer system or by use
of a chemical container causing disintegration. In the event that a chemical
container is used, ultimate disposal must be made in accordance with Department
of Environmental Resources regulations concerning solid waste disposal.
[Added 6-1-1987 by L.L. No. 2-1987;
amended 8-2-1999 by L.L. No. 1-1999; 10-16-2000
by L.L. No. 5-2000]
Except as provided in the Agriculture and Markets Law of the State of
New York, every person convicted of a violation of any of the provisions of
this chapter shall, for the first conviction thereof, be punished by a fine
of not less than $100 and not more than $500; for a second or subsequent conviction
within six months after any previous conviction, such person shall be punished
by a fine of not less than $200 and not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment. Each day
of continued violation shall constitute a separate additional violation, for
which separate and additional fines and punishment may be imposed and recovered.
