[HISTORY: Adopted by the Board of Trustees of the Village of Menands
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 75.
[Adopted 10-6-1980 by L.L. No. 6-1980]
This article shall be known and may be cited as the "Dog Control Law
of the Village of Menands."
The purpose of this article is to promote the health, safety and general welfare of the people of the Village of Menands, New York, including the protection of the property of the Village and its inhabitants and the preservation of peace and good order, by imposing restrictions upon the keeping and running of dogs within the Village and, specifically, to implement the provisions of Article 7 of the Agriculture and Markets Law as adopted by the New York State Legislature, and any amendments thereto.
As used in this article, the following terms shall have the meanings
indicated:
Any dog that is off the premises of its owner or custodian or not
under the immediate control of such owner or custodian. No dog shall be deemed
to be "at large" if it is:
A person that has a dog in his or her custody.
Any member of the species Canis familiaris.
Any dog that is trained to aid the blind and is actually used for
such purpose or any dog owned by a recognized guide dog training center located
within the state during the period such dog is being trained or bred for such
purpose.
Any dog carrying an identification tag as provided in § 112 of Article 7 of the Agriculture and Markets Law.
Any person who harbors or keeps any animal, except that, if the owner
is a person under 18 years of age, then the owner shall be deemed to be the
parent or guardian of such person.
The person in whose name any dog was last licensed pursuant to either Subdivision 1 or Subdivision 2 of § 109 of Article 7 of the Agriculture and Markets Law, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 113 of Article 7 of the Agriculture and Markets Law, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
Any individual, corporation, partnership, association or other organized
group of persons, a municipality or other legal entity.
Any dog owned or harbored by any state or municipal police department
or any state or federal law enforcement agency which has been trained to aid
law enforcement officers and is actually being used for police work purposes.
A.
The Board of Trustees may, in its discretion, by resolution,
appoint one or more dog control officers or may contract for dog control officer
services pursuant to the Agriculture and Markets Law for the purpose of assisting
with the control of dogs and the enforcement of this article and the Agriculture
and Markets Law and seeing that the order or orders of the Village Court in
such cases are carried out.
B.
Every dog control officer so appointed or contracted
for shall have all the powers of a peace officer in enforcing the provisions
of this article. In addition, any dog control officer or any peace officer
authorized by the Village of Menands to assist in the enforcement of this
article and the Agriculture and Markets Law may serve any process related
to any proceeding undertaken for any such purpose, whether criminal or civil
in nature, including an appearance ticket.
B.
Any dog control officer or peace officer employed by or under contract to the Village of Menands may seize any dog in violation of the Agriculture and Markets Law or of any local law relating to the control of dogs adopted by the Village of Menands pursuant to the provisions of Article 7 of the Agriculture and Markets Law.
C.
Each dog seized in accordance with the provisions of
this article shall be properly sheltered, fed and watered for the redemption
period as hereinafter provided.
D.
Each dog which is not identified, whether or not licensed,
shall be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner, provided that such owner produces
proof that the dog has been licensed and has been identified pursuant to the
provisions of this article and further provided that the owner pays the following
impoundment fees:
(1)
Ten dollars for the first impoundment of any dog owned
by that person.
(2)
Twenty dollars for the first 24 hours or part thereof
and $3 for each additional 24 hours or part thereof for the second impoundment
within one year of the first impoundment of any dog owned by that person.
(3)
Thirty dollars for the first 24 hours or part thereof
and $3 for each additional 24 hours or part thereof for the third and subsequent
impoundments within one year of the first impoundment of any dog owned by
that person.
E.
Promptly upon seizure of any identified dog, the owner of record shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D of this section and by producing proof that the dog has been licensed.
F.
An owner shall forfeit title to any dog unredeemed at
the expiration of the appropriate redemption period, and the dog shall then
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 a pound or shelter.
G.
The seizure of any dog shall not relieve any person from any violation provided for by § 77-6 of this article.
H.
No liability in damages or otherwise shall be incurred
on account of the seizure, euthanization or adoption of any dog pursuant to
the provisions of this article.
A.
It shall be a violation, punishable as provided in Subsection C of this section, for any owner or custodian of any dog to permit or allow any dog to:
(1)
Run at large unless such dog is restrained by an adequate
collar and leash not exceeding eight feet in length or unless accompanied
by and under the immediate control of its owner or a responsible person over
16 years of age who is able to control the animal.
(2)
Engage in frequent loud howling, barking or whining or
to conduct itself in such a manner so as to unreasonably disturb the comfort
or repose of any person.
(3)
Cause damage or destruction to property or commit a nuisance
upon the premises of any person.
(4)
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.
(5)
Habitually chase or bark at motor vehicles, bicycles
or pedestrians.
(6)
Run at large when in heat; such dog shall be confined
to the premises of the owner during such period.
B.
It shall be the duty of a dog control officer so appointed
or contracted for by the Board of Trustees of the Village of Menands to bring
an action against any person who has committed within the Village of Menands
any violation of the Agriculture and Markets Law or any violation set forth
in this section. The Village of Menands may elect either to prosecute such
action as a violation under the Penal Law or to commence an action to recover
a civil penalty.
C.
A violation of this section shall be punishable, subject
to such an election, either:
(1)
Where prosecuted pursuant to the Penal Law, by a fine
of not more than $50, except that:
(a)
Where the person was found to have violated this section
or the former Dog Control Law of the Village of Menands within the preceding
five years, the fine may not be more than $100; and
(b)
Where the person was found to have committed two or more
such violations within the preceding five years, it shall be punishable by
a fine of not more than $250 or imprisonment for not more than 15 days, or
both; or
(2)
Where prosecuted as an action to recover a civil penalty,
by a civil penalty of not more than $50, except that:
(a)
Where the person was found to have violated this section
or the former Dog Control Law of the Village of Menands within the preceding
five years, the civil penalty may be not more than $100; and
(b)
Where the person was found to have committed two or more
such violations within the preceding five years, the civil penalty may be
not more than $250.
Any person observing a violation of the Agriculture and Markets Law
or of this article may file an accusatory instrument with the Village Court.
[Adopted 10-2-2000 by L.L. No. 1-2000]
It shall be unlawful for any dog owner or person having possession,
custody or control of any dog to allow such dog to defecate on public or private
property over the objection of the owner of the property.
It shall be the duty of each dog owner or person having possession,
custody or control of any dog to remove any feces left by such person's
dog on any property not under the care, custody or control of such dog owner
or person, including but not limited to any driveway, public or private lawn
or yard, sidewalk, gutter, street, grassy area between the street and sidewalk,
park, school yard or any other property not under the care, custody or control
of such dog owner or person and to dispose of such feces in a safe and sanitary
manner in a sealed, nonabsorbent, leakproof container.
In case a dog is unattended, information secured by an enforcement officer
from a license or tag secured to an unattended dog shall present a rebuttable
presumption that the owner identified by such license or tag is the owner
or person in charge of said dog.
Any conviction of a violation of this article shall constitute a violation
punishable by a fine or a civil penalty of not more than $100 for each violation.
For purposes of enforcing the provisions of this article, appearance tickets
may be issued by police officers, dog control officers, building code inspectors
and by any persons authorized to issue tickets for parking violations. In
addition thereto, the Village Board shall have the power to designate such
other persons as is deemed necessary to enforce the provisions of this article.
The provisions of this article shall not apply to a guide dog, hearing
dog or service dog accompanying any person with a disability, as defined in
Subdivision 21 of § 292 of the Executive Law.
For a thirty-day period beginning December 1, 2000, persons violating
this article shall be given a warning ticket advising such persons of this
article and its requirements. Effective January 1, 2001, appearance tickets
shall be issued as authorized and may be enforced as otherwise provided in
this article.