Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 9-21-1953; amended in its entirety 6-27-1960 (Chapter 51 of the 1972 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Dog pound and Dog Control Officer — See Ch. 22.

§ 104-1 Definitions.

[Added 3-14-2006 by L.L. No. 1-2006]
As used in this chapter, the following terms shall have the meanings indicated:
DOG CONTROL OFFICER
Any individual appointed by the Village to assist in the enforcement of this chapter or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village to assist in the enforcement of this chapter.

§ 104-2 Intermunicipal contracts.

[Added 3-14-2006 by L.L. No. 1-2006]
The Village Board may, by resolution, authorize the Mayor to enter into a contract with other governments to carry out the terms of this chapter.

§ 104-3 Permit required for keeping other than household pets.

[Amended 2-21-1977 by L.L. No. 2-1977; 8-15-1977 by L.L. No. 16-1977]
A. 
No person or persons shall keep or house horses, cattle, sheep, swine, poultry, pigeons or any other animals or bees other than household pets within the limits of the Village of East Aurora without a permit from the Board of Trustees, after investigation, that the keeping of the animal or animals or bees in question will not be objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees.
[Amended 3-19-1984 by L.L. No. 8-1984]
B. 
No person or persons shall keep or maintain three or more dogs in any one dwelling unit, as defined in Chapter 285 of the Code of the Village of East Aurora, or in any one building, as defined in Chapter 285 of the said Code, within the limits of the Village of East Aurora without a permit from the Board of Trustees. Such permit may be granted if it shall appear to the Board of Trustees, after investigation, that the keeping of the dogs in question will not be objectionable or offensive by reason of noise, smell or other cause. Such a permit shall be revocable at any time by the Board of Trustees. No resident of any two-family dwelling, multiple dwelling, townhouse or apartment house shall keep more than one dog in or on such premises.
[Amended 3-14-2006 by L.L. No. 1-2006]
C. 
The fee for the permits herein provided for shall be as provided for in Chapter 137, Article II, of this Code.
[Added 5-5-1986 by L.L. No. 11-1986]

§ 104-4 Animals running at large.

[Amended 6-21-1965; 3-17-1975 by L.L. No. 2-1975]
A. 
No person shall permit any horse, cattle, sheep, swine, poultry, pigeons or dogs owned by or under the charge, care or custody of such person to run at large in the Village of East Aurora.
B. 
No person owning or having charge, care or custody of any dog, whether licensed or unlicensed, shall permit such dog to be at any place in this Village except upon his or her own premises unless such dog is restrained by a substantial chain or leash not exceeding six feet in length.
C. 
Any dog found at large or in any place in the Village in violation of the provisions of this chapter shall be subject to seizure by any police officer or by any other proper person or agency designated by the Village to seize such dog.
D. 
Recovery fees.
[Amended 2-6-1984 by L.L. No. 2-1984; 7-15-1985 by L.L. No. 21-1985; 12-6-1999 by L.L. No. 8-1999]
(1) 
If such seized dog bears a license tag for the current year or the following year, it shall be properly fed and cared for at the expense of the Village, and the officer or other such designated person shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family, with a notice, in writing, stating that the dog has been seized and will be destroyed unless it is redeemed within the period as provided in the Agriculture and Markets Law of the State of New York. If such seized dog is not wearing an up-to-date license tag or is unlicensed, it shall be held for a period as provided in the Agriculture and Markets Law of the State of New York, during which period such dog shall be properly fed and cared for at the expense of the Village. During the time that any dog so seized is held by the Village pursuant to the Agriculture and Markets Law of the State of New York and this section, the owner of such dog may recover the same by producing a proper license, if required by law, and paying the following:
(a) 
Twenty-five dollars for the first impoundment of any dog owned by that person, plus $15 for each 24 hours or part thereof said dog is impounded. In addition thereto, the sum of $10 for each subsequent impoundment within one year of the first impoundment.
[Amended 11-26-2007 by L.L. No. 9-2007]
(2) 
Said sum shall be paid to the Aurora Town Clerk as per contract with the Town of Aurora.
E. 
If any such dog so seized and held is not redeemed as provided in this section, the keeper of such dog so designated by the Board of Trustees of this Village may order the destruction of such dog, or the said keeper may deliver said unredeemed dog to a proper person upon payment of the seizure and impounding fee and the fee for four days' keep, and upon the production of a proper license for the said dog, if required, which said combined sum shall be paid to the Town Clerk. The Town Clerk shall make and maintain a record of the disposition of all dogs seized and impounded under the provisions of this section.
[Amended 11-26-2007 by L.L. No. 9-2007]

§ 104-5 Dog control.

A. 
No person shall harbor or maintain within the Village of East Aurora any dog which, by habitually barking or crying, disturbs the peaceful living of any person. Any dog which howls, barks, cries or whines continuously or regularly for periods in excess of 30 minutes so as to disturb the peace, quiet, health or well-being of any other person shall be deemed to be habitually barking.
[Amended 3-14-2006 by L.L. No. 1-2006]
B. 
No person owning, harboring, keeping or having custody and control of a dog shall suffer, permit or allow such dog to commit any nuisance by urinating or defecating on or otherwise damaging property of the public or of another.
C. 
Complaints of violations of any of the foregoing provisions of this section shall be made on forms provided by the Dog Control Officer and signed by the complainant before a notary public of the State of New York. Each owner who owns or harbors a dog, other animal or fowl in violation of any provisions of this section shall be notified officially in writing by the Dog Control Officer of complaints. Such notice shall be served either personally upon the owner or harborer of the dog in violation, or by registered mail. The owner or harborer shall be allowed five days immediately following the issuance of the notice in which to eliminate the alleged violation.
[Amended 11-26-2007 by L.L. No. 9-2007]

§ 104-6 Carcasses.

No person shall bring, deposit or leave exposed within the Village any dead carcasses or other unwholesome or offensive substance.

§ 104-7 Slaughterhouses.

No person shall keep or use any slaughterhouse or carry on the business of the slaughtering of animals within the limits of the Village.

§ 104-8 Penalties for offenses.

[Amended 9-11-1972; 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.