[HISTORY: Adopted by the Board of Trustees
of the Village of Albion as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 236.
[Adopted 6-20-1977 by L.L. No. 6-1977 (Ch.
18 of the 1974 Code); amended in its entirety 1-8-2003 by L.L. No. 1-2003]
The title of this article shall be the "Dog
Control Law of the Incorporated Village of Albion."
The dogs in the Village of Albion have in some
instances come or been allowed to cause annoyances, damage to persons
and property of others, and it appears further that dogs properly
cared for serve a useful purpose, the Village Board of the Incorporated
Village of Albion enacts the following article to preserve the relationship
between a dog and its master and at the same time to protect the health,
safety and property of others from annoyance and damage caused by
dogs.
This article is enacted pursuant to Article
7 of the Agricultural and Markets Law of the State of New York, together
with any future modifications thereof. All provisions of said Article
7 are applicable and incorporated herein except where modified hereby.
The relevant portions of the Conservation and Public Health Laws also
apply, and enforcement of this article is intended by application
of the Penal Law.
All of the terms defined in § 108
of the Agriculture and Markets Law shall have the same meaning as
used herein unless specifically modified. For the purpose of this
article, the terms as hereinafter used are defined as follows:
The Agriculture and Markets Law of the State of New York
in effect during the life of this article.
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this article. The Animal
Control Officer shall be authorized to draw on information and obtain
supporting affidavits for submission to the Village Justice Court.
A dog is securely confined or restrained when it is kept
on the owner's premises either within its building, kennel or other
suitable enclosure or securely fastened on a chain, wire, or other
effective tether for such length or so arranged that the animal cannot
reach or injure any person on any adjacent premises or on any public
street, way or place, or, if the animal is being transferred by the
owner, it is securely confined in a crate, or on a tether or in another
container or so restrained within an enclosed vehicle in a safe manner
consistent with the dog's good health so that it cannot be expected
to escape therefrom (see Agriculture and Markets Law §§ 353
and 356, Cruelty to animals).
In addition to dogs which attack a person, or
attack, chase or worry a domestic animal as provided for in § 121
of the Agriculture and Markets law, dangerous dogs shall include:
Any dog which chases, or worries any person
so as to put the person in reasonable fear of immediate bodily harm,
provided that such person is peaceably conducting himself in a place
where he or she may lawfully be;
Any dog that presents a risk of physical injury
or death to a human being or would constitute a danger to human life,
physical well-being or property if not kept under the direct control
of the owner.
Any dog providing protection or security to
the premises upon which illegal activities are occurring.
This definition shall not apply to dogs utilized
by law enforcement officers in the performance of their duties.
The term "dangerous dog" includes any dog that,
according to the records of either the Village Animal Control or the
Humane Society or of any law enforcement agency:
Has, without justification, bitten, attacked,
endangered or inflicted physical injury on a human being on public
or private property, or when unprovoked has chased or menaced a person
upon the street, sidewalk or any public ground, provided that such
actions are attested to in a sworn statement by one or more persons
and dutifully investigated by any of the above-referenced authorities;
or
Has more than once, and without justification,
severely injured or killed a domestic animal while off the owner's
property; or
Has been used primarily or in part for the purpose
of dog fighting or is a dog trained for dog fighting.
A dog's actions shall be considered justified
if such actions are inflicted upon a person who is committing, at
the time, a crime upon the premises occupied by the dog's owner or
custodian; or committing, at a time, a willful trespass or other tort
upon the premises occupied by the dog's owner or custodian, or provoking,
tormenting or physically abusing the dog. A dog's actions shall be
considered justified if such actions were inflicted upon an animal
that initiated an attack on it.
Any member of the species Canis familiaris, both male and
female dogs.
Designates and describes each animal at all times when it
is off the premises of the owner or is on the premises of another
without his consent unless effectively restrained in a manner where
said animal is in the immediate custody and control of the dog by
an owner by a chain or leash not exceeding six feet in length affixed
to the collar or harness of the dog.
Any person or persons, firm, association or corporation owning
or keeping a dog. In the event the owner of any dog committing an
infraction of this chapter shall be under the age of 18 years, the
head of the household in which said owner resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of said dog.
The area within the appropriated limits of the Village of
Albion.
A.
All dogs within the Town and Village shall be identified,
licensed and vaccinated in accordance with Article 7 of the Agriculture
and Markets Law, particularly § 109 thereof.
B.
All dogs kept, harbored or maintained in the incorporated
Village of Albion shall be kept licensed if running at large and/or
less than six months of age, and all owners must provide with all
pertinent alarm provisions incident to obtaining such licenses and
the wearing of the license tags by a dog. A license fee for each spayed
or neutered dog shall be $6; the license fee for each unspayed or
unneutered dog shall be $15.
No person shall own or harbor a dangerous dog,
unless such dog is at all times restrained and controlled so as to
prevent the attack of or injury of any person and so as to prevent
such dog from putting any person in reasonable fear of immediate bodily
harm, provided that such person is feasibly conducting himself in
a place where he may lawfully be.
Upon finding a dog to be a dangerous dog, the
court may order the immediate destruction of the dog, or, in the alternative,
may order any or all of the following, for which failure to comply
shall result in the destruction of the dog and shall constitute a
violation of this section by the owner.
A.
Monetary penalty. The court may impose a penalty in
an amount not to exceed $1,000 upon any person found culpably negligent
in failing to control or restrain a dangerous dog.
B.
Leash. No person having charge, custody, control,
or possession of a dangerous dog shall allow a dog to exit its kennel,
pen or other proper enclosure unless such dog is securely attached
to a leash not more than six feet in length. No such person shall
permit a dangerous dog to be kept on a chain, rope or other type of
leash outside its kennel or pen unless a person capable of controlling
the dog is in physical control of the leash.
C.
Muzzle. It shall be unlawful for any owner or keeper
of a dangerous dog to allow a dog outside of its enclosure unless
it is necessary for a dog to receive veterinary care or exercise.
In such cases, the dog shall wear a properly fitted muzzle to prevent
it from biting humans or other animals. Such muzzle shall not interfere
with the dog's breathing or vision.
D.
Confinement. Except when leashed or muzzled as provided
in this section, a dangerous dog shall be securely confined indoors
or confined in a locked pen or other secured enclosure that is suitable
to prevent the entry of children and is designed to prevent a dog
from escaping. The enclosure shall include shelter and protection
from the elements and shall provide adequate exercise room, light
and ventilation. The enclosed structure shall be kept in a clean and
sanitary condition and shall meet the following requirements:
(1)
The structure must have secure sides and a secure
top or all sides must be at least eight feet high.
(2)
The structure must have a bottom permanently attached
to the sides or the sides must be embedded not less than one foot
into the ground.
(3)
The structure must be of such material and enclosed
in such a manner that the dog cannot exit the enclosure on its own.
E.
Indoor confinement. No dangerous dog shall be kept
on a porch, patio or in a part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such dog shall be kept in a house or structure when screened windows
or screened doors are the only obstacles preventing the dog from exiting
the structure.
F.
Signs. The owner of a dangerous dog shall post in
a prominent place on the premises a sign with lettering at least two
inches high and in a color contrasting the background stating "DANGEROUS
DOG ON PREMISES."
G.
Liability insurance: surety bond. The owner of a dangerous
dog shall present to the Dog Control Officer proof that he or she
has procured liability insurance or a surety bond of not less than
$100,000 covering any damage or injury that may be caused by such
dangerous dog. The policy shall contain a provision requiring that
the Village be notified immediately by the agent issuing the policy
in the event that the insurance policy is cancelled, terminates or
expires. The liability insurance or surety bond shall be obtained
prior to the redemption of a dangerous dog. The dog owner shall sign
a statement attesting that he or she shall maintain and not voluntarily
cancel the liability policy unless he or she ceases to own or keep
the dog.
H.
Notification of escape. The owner of a dangerous dog
shall notify the Dog Control Officer immediately if such dog escapes
from its enclosure or restraint and is at large. Such notification
shall also be required if the dog bites or attacks a person or a domestic
animal.
I.
Obedience training. The owner of a dangerous dog shall,
at the owner's expense, contact an obedience trainer for instruction
and shall follow the trainer' s recommendation.
J.
Neutering. The owner of a dangerous dog shall, at
the owner's expense, have the dog spayed or neutered to prevent the
potential reproduction of similarly dangerous dogs.
K.
Marking or implanting identification. The court shall
require that all dangerous dogs shall be marked or implanted with
an individual means of identification, in a form deemed most appropriate
by the Dog Control Officer, if the immediate destruction of the dog
is not ordered. This shall occur prior to the release of the dog from
animal control and shall be at the expense of the owner.
A.
PERSONAL OR PHYSICAL INJURY
Definition. As used in this section, the following
terms shall have the meanings indicated:
Impairment of physical condition; or substantial pain.
B.
Prohibitions.
(1)
No person who own or harbors a dog shall permit the
dog to cause serious physical injury to another person.
(2)
No person who has been found guilty previously of a violation under § 208-7 and who owns or harbors a dog shall suffer or permit a dog to cause physical injury to another person.
(3)
No person who owns or harbors a dog who has been previously
found to be a dangerous dog shall suffer or permit the dog to cause
physical injury to another person.
C.
Notwithstanding the penalties established elsewhere in this code, a person who violates this § 208-7.1 shall be guilty of a misdemeanor for which the penalty shall be a fine not to exceed $1,000 and/or imprisonment for a time period not to exceed one year.
D.
The owner of any premises patrolled by any guard dog
shall post a sign at each point of public access with lettering in
clear and concise English at least 2 1/2 inches high and in color
contrasting to that of the background stating that the premises are
patrolled by a guard dog.
A.
Running dog at large prohibited. No dog, whether licensed
or unlicensed, muzzled or not muzzled, shall be allowed to run at
large on any street, sidewalk, lane or public avenue. It shall be
unlawful and an infraction hereunder for any owner of a dog hereinabove
defined to permit a dog, whether licensed or unlicensed, to be at
large within the Village, including Mt. Albion Cemetery, unless effectively
restrained in the immediate custody and control of the owner or custodian
of the dog by a chain or leash not exceeding six feet in length affixed
to the harness or collar of the dog.
B.
Nuisance prohibited. No person owning, harboring,
keeping or in charge of any dog shall cause, suffer or allow such
dog to soil, defile, defecate or commit any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park or any
place where people congregate or walk, or on any public property whatsoever,
or on any private property without the permission of the owner of
said property.
C.
Removal
of dog feces by owner required.
[Added 6-10-2020 by L.L. No. 2-2020[1]]
(1)
Any
person owning or in charge of any dog which soils, defiles, defecates
on or commits any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk
or upon any public property whatsoever or upon any private property
without the permission of the owner of said property shall immediately
remove all feces deposited by any such dog by any sanitary method.
(2)
The
feces removed from the aforementioned designated area shall be disposed
of by the person owning or in charge of any such dog in accordance
with the provisions of this article.
(3)
The
provisions of this article shall not apply to blind persons who may
use dogs as guides.
(4)
Sanitary
methods for removing all feces approved by the local Board of Health are mechanical devices
such as pooch scoops, small shovels, etc. All feces removed by the
person owning, harboring, keeping or in charge of any such dog shall
be disposed of in a suitable container.
[1]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
D.
Violations.
(1)
Any owner of a dog or any person who harbors a dog
in the Village of Albion shall be in violation of this article if
such dog:
(a)
Engages in habitual loud howling or barking
in such a manner to annoy any person other than the person owning
or harboring such dog.
(b)
Is a female in heat, not securely confined (enclosed)
by the owner or person harboring the dog.
(c)
Causes damage or destruction to property or
otherwise commits a nuisance other than on the premises of the owner
of the person harboring the dog.
(d)
Is not in full compliance with Article 7 of
the Agriculture and Markets Law, which includes the wearing of a New
York State identification tag any time the dog is off the owner's
or harborer's premises.
(2)
In the event of a violation of the provisions of § 208-7.2 by a person under the age of 18 years, the notice provided for in § 208-7.2 shall also be sent to the person or persons having lawful custody of said person under the age of 18 years. Upon subsequent violation of the provisions of § 208-7.2 by the person under the age of 18 years, the person or person having lawful custody of such person will be subject to a fine as provided in § 208-7.2.1
[Added 6-10-2020 by L.L. No. 2-2020]
(3)
Any person who observes an animal committing a violation of any of the provisions of this article may file in the Town of Albion Court a signed and sworn complaint, sworn to before the Town of Albion Justice or the Village Police of the Village of Albion, specifying in detail the fact of the alleged violation, and including the name and address of the owner and other persons harboring said animal. Upon receipt by the Court of any complaint against any conduct of any animal, the Justice of said Court must summon the alleged owner or said person harboring said animal to appear in person before him or her at the designated time at least three days subsequent to the service upon him or her of said summons, at which time and place the person who is summoned shall admit or deny the information contained in the complaint and, if he denies such information, a hearing shall be had at that time or an adjourned time before the Justice of said Court. Service upon said owner or other person harboring said animal of a summons shall be made in the same manner as service of a summons in a civil action in civil court as prescribed by the laws of the State of New York. If, after such hearing, the Justice hearing the same shall find that the animal complained of had committed a violation of any one of the provisions set forth in this article hereinabove or if said person summoned admits the allegations of the complaint, the Justice may fix a civil penalty as set forth below in § 208-7.2.1 entitled Penalties for violation of § 208-7.2.
[Amended 6-10-2020 by L.L. No. 2-2020]
[Added 6-10-2020 by L.L.
No. 2-2020]
Any person to whom such notice is sent and who thereafter violates the provisions of § 208-7.2 shall be subject to a fine not to exceed $50 for the first such violation, $100 for the second such violation and $200 for the third such violation.
Every owner of or person harboring a female
dog in heat shall confine the animal during such period in or on the
premises of the owner or other person harboring such animal.
A.
Any dog found at large and not under effective restraint
as required hereunder may be seized by any duly appointed Animal Control
Officer, Assistant Animal Control Officer, peace officer or duly authorized
officer or representative of the Incorporated Village of Albion, or
the American Society for the Prevention of Cruelty to Animals, and
confined and impounded in a pound designated by the Village. Any dog
so found at large not under effective restraint that cannot be safely
seized may be destroyed by such Animal Control Officer, Assistant
Animal Control Officer, peace officer or any other duly authorized
officer. The person seizing the animal shall take any dog so found
at large which is wounded and in need of emergency veterinary care
for such care as soon as possible.
B.
The officer seizing any dog pursuant to this article
shall forthwith report such seizure to the Police Department, which
shall keep a record of the name of the officer, the time and the date
of such seizure, a description of the dog and license tag number,
if any, and of the structure and disposition of the dog thereafter.
C.
If the dog seized bears a license tag, the officer
seizing such dog shall ascertain the name of the owner and give immediate
notice to such owner by personally serving upon him or her or upon
an adult member of the family notice, in writing, stating the dog
has been seized and will be destroyed unless redeemed within the period
herein provided.
D.
The owner of a dog at large so seized may redeem the
dog within five days by paying to the Village Clerk the sum of $25
as a cost of seizure and in addition thereto the cost of feeding and
caring for such dog for the first violation; or by paying the sum
of $50 as a cost of seizure and in addition thereto the cost of feeding
and caring for such dog as a second violation hereof by such owner
within a period of six months; or by paying the sum of $100 as a cost
of seizure and in addition thereto the cost of feeding and caring
for such dog for a third subsequent violation thereof by such owner
within a period of six months.
E.
If any dog seized is not redeemed within the time
as herebefore set forth, the owner shall forfeit all title to the
dog and the dog shall be sold or destroyed.
No liability shall be imposed upon the employees
of the Incorporated Village of Albion for the destruction or sale
of any dog pursuant to the provisions of this chapter.
It shall be unlawful to keep or harbor more
than three dogs, six months or older, on any premises, regardless
of the number of the owners, except by a special permit issued by
the Village Board of Trustees with the favorable recommendation of
the Planning Board. No such permit shall be issued if the issuance
thereof shall be inconsistent with the applicable provisions of the
Code of the Village of Albion.
In the event that it becomes necessary to euthanize
a dog, the dog control officer or other law enforcement officer shall
arrange, through a veterinary or dog control officer, in their facilities,
to humanely euthanize and dispose of the carcass in accordance with
§ 370 of the Agriculture and Markets Law.
A violation of § 208-5 shall be deemed an offense and shall be punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment. An appearance ticket, pursuant to the Criminal Procedure Law, may be issued for any violation of this article and an answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in the Agriculture and Markets Law of the State of New York in lieu of personal appearance on the return date at the time and place specified in such appearance ticket.
[Adopted 8-14-1996 by L.L. No. 5-1996]
No person shall keep, house or maintain any
sheep, goat, cow, calf, horse, donkey, pony, steer or swine on premises
in the Village of Albion.
No person shall keep, house or maintain any
poultry or fowl in the Village of Albion.
In addition to any other penalty for a violation
of this Article, the Police Department of the Village is hereby empowered
to seize, pick up and confine in any proper place any cattle, horses,
goats and swine that shall be found at large in any street, park or
public place. Any animal so seized and confined may be redeemed by
the owner upon his or her payment of all necessary expenses of seizure,
removal and confinement.
Any animal so seized and confined which is not
claimed and redeemed within five days from the date of seizure shall
be deemed abandoned and may be disposed of in accordance with the
provisions of law provided therefor.
Any person, firm or corporation violating any
provision of this Article shall, upon conviction thereof, be punishable
by a fine of not more than $250 or imprisonment for a term not exceeding
15 days, or both.
