[Adopted 6-19-1979 by L.L. No. 2-1979
(Ch. 53 of the 1974 Code)]
This article is adopted pursuant to § 412-2
of the Village Law of the State of New York and Article 7 of the Agriculture
and Markets Law of the State of New York, for the promotion of the
public welfare and general welfare of the community, including the
protection and preservation of the property of the Village and all
its inhabitants and of peace and good order in the controlling and
regulating of muzzled and unmuzzled dogs in the Village of Millbrook,
and to provide for the enforcement thereof.
It shall be unlawful for any owner or person
harboring any dog in the Village of Millbrook to permit or allow such
muzzled or unmuzzled dog to:
A.
Run at large unless said dog is restrained by adequate
collar and leash or unless accompanied by its owner or a responsible
person able to control the animal. For the purposes of this article,
a dog or dogs hunting in company with a hunter or hunters shall be
considered as accompanied by its owner.
B.
Be engaged in habitual loud howling or barking or
to conduct itself in such a manner so as to habitually annoy any person
other than the owner or owners harboring such dog.
C.
Cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner or persons
harboring the dog.
D.
Chase or otherwise harass any person in such manner
as to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to the premises of such person
during such period.
Any unlicensed or untagged dog found to be running
at large in violation of § 118 of the Agriculture and Market
Law shall be seized, and such dog shall be properly fed and cared
for until disposed of as provided by § 118.
[Amended 12-16-1997 by L.L. No. 2-1997]
An animal control officer, to be designated
by the Village Board as provided by the Agriculture and Markets Law,
shall enforce the provisions of this article and shall also investigate
and report to the Village Justice of the Village of Millbrook any
dangerous dog as described in the Agriculture and Markets Law provisions
regarding dangerous dogs and see that the order or orders of the Village
Justice in such case are carried out.
The term "to run at large" is hereby defined
as outside the premises of the owner in the absence of a leash or
rope together with a collar, muzzle or harness, outside a completely
fenced-in enclosure without the freedom of ingress and egress or unless
accompanied by its owner or a responsible person able to control the
dog.
It shall be the duty of the animal control officer
to see to the retainment of unlicensed dogs apprehended for running
at large at a pound to be designated by the Village Board for seven
days and licensed animals for 12 days only, and thereafter to take
steps necessary to dispose of any and all unclaimed dogs pursuant
to § 118 of the Agriculture and Markets Law.
Any aggrieved or injured person who observes
a dog causing damage or destruction to property of a person other
than its owner or committing a nuisance upon the premises of a person
other than its owner or the agent of such person may file a signed
complaint, under oath, with the Village Police of the Village of Millbrook
specifying the objectionable conduct of the dog, the dates thereof,
the damages caused, a description of the dog and name and residence,
if known, of the owner or other person harboring said dog.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, the Village Justice shall
summon the alleged owner or other person harboring said dog to appear
in person before him; if the summons is disregarded, the Justice shall
permit the filing of an information and issue a warrant for the arrest
of such person.
It shall be the responsibility of the animal
control officer to serve written notice upon the owner of any licensed
dog impounded, provided that the collar, harness, muzzle or leash
has attached thereto a license issued through the New York State Department
of Agriculture and Markets for the year in which the dog was apprehended
or for the prior year. Such notice shall be served personally upon
the owner or a member of his or her family at least 18 years of age
and shall inform the owner of the date on which the dog was seized
and shall state that the dog shall be destroyed unless redeemed within
the applicable period of time.
[Amended 7-17-1990 by L.L. No. 4-1990]
Any dog found to be running at large or in violation
of any other section shall be apprehended by the animal control officer
and taken to the designated pound. A dog owner may redeem his dog
from the pound upon payment to the Village Clerk in cash of $25 for
the first offense, $50 for the second offense or $100 for the third
and subsequent offenses, plus the cost of keeping, feeding and caring
for the dog while in the custody of the animal control officer or
pound.
