[HISTORY: Adopted by the Board of Trustees
of the Village of Perry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-1971 by L.L. No. 2-1971]
The purpose of this article shall be to preserve
the public peace and good order in the Village of Perry and to contribute
to the public welfare and the preservation and protection of the person
and the property of the inhabitants by declaring and enforcing certain
regulations and restrictions on the activities of dogs within the
Village of Perry.
The title of this article shall be "Dog Control
Law of the Village of Perry."
As used in this article, the following words
shall have the following respective meanings:
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this article.[1]
Other than on the premises of the owner or on the premises
of another person without the knowledge, consent and approval of said
other person.
Both male and female dogs, both licensed and unlicensed.
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week.
A.
It shall be unlawful for any owner of or any person
harboring any dog in the Village of Perry to permit or allow such
dog to:
(1)
Run at large unless said dog is restrained by adequate
collar and leash or unless said dog is accompanied by its owner or
a responsible person able to control the animal. For the purpose of
this article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as accompanied by their owners.
(2)
Engage 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 person harboring such dog.[1]
(3)
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
(4)
Habitually chase or bark at motor vehicles or cycles.
B.
No owner or harborer of a dog shall permit or allow
said dog to defecate or commit any other nuisances or damage to public
property in any park, public building, street, parking lot, alley
or sidewalk, or on any private property of another without the consent
of such owner.
[Added 5-15-1995 by L.L. No. 2-1995]
C.
The owner shall be responsible for the immediate cleanup
of any excrement deposited by his or her animals.
[Added 5-15-1995 by L.L. No. 2-1995]
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.
This article shall be enforced by the Animal
Control Officer or by the Village Police Department or any other law
enforcement officer.
Any unlicensed or untagged dog found to be running
at large in violation of § 118 of the Agriculture and Markets
Law shall be subject to seizure, and any dog found to be running at
large during the period of a night quarantine in violation of § 123
of the Agriculture and Markets Law or any dog found to be running
at large during the period of a quarantine to prevent deer depreciation
in violation of § 122 of the Agriculture and Markets Law
shall be subject to the provisions of such laws and shall be impounded
and taken to such place as may be designated by the Village Board
as a place of detention.
A.
Seizure of licensed dogs. In the event that the dog
seized bears a license tag, the person seizing the dog shall thereafter
ascertain the name of the owner and give the owner notice in writing
that the dog has been seized, indicating when, where, and why the
dog was seized and stating that the dog will be destroyed unless redeemed
or a trial is demanded within five days after notice.
B.
Seizure of unlicensed dogs. In the event that the
dog seized does not bear a license tag and the owner is unknown, the
Animal Control Officer or other law enforcement officer shall be authorized
to destroy the dog five days after impounding.
C.
Redemption. After any such seizure or impounding,
the record owner of such dog so seized and impounded shall be notified
personally or by affixing a written notice to the owner's last known
residence. Such dog so seized or impounded shall be held for a period
of five days during which period such dog shall be fed and properly
cared for at the normal rate so charged by the pound or place where
the dog is held in custody. During said period the owner of such dog
may recover the same during the business hours of the pound or place
of keeping the dog by producing a license for such dog and by paying
the sum as provided in § 118 of the Agriculture and Markets
Law for seizure and impounding and the normal rate of charge for each
day or part thereof for the keeping, feeding and caring for such dog
while in custody. Said sum shall be paid to the Village Clerk who
will issue a receipt.
A.
Any person who observes a dog in violation of this
article or who observes a dog causing damage or destruction to property
of a person other than its owner may file a complaint under oath with
a Village Justice specifying the objectionable conduct of the dog,
the date thereof, the damage caused, a description of the dog and
the name and residence, if known, of the owner or other person harboring
said dog.
B.
Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, such Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him. If the summons is disregarded, he may permit the
filing of an information and issue a warrant for the arrest of such
person.
In the event that the owner of the dog desires
a trial, he shall post bail of $25, pay for the care of the dog while
impounded and demand a trial before the Village Justice.
If an impounded dog is not redeemed or trial
demanded within the time hereinbefore set forth pursuant to the Agriculture
and Markets Law, the owner shall forfeit title to the dog and it may
thereafter be sold by the Village or destroyed.
In the event that it becomes necessary to destroy
a dog, the Animal Control Officer or other law enforcement officer
shall arrange for the destruction of the dog and make a report in
writing of such destruction to the Village Clerk. The Village Clerk
shall keep a record of the destruction for one year.
A.
A violation of this article shall be deemed an offense,
and the person convicted of such violation will be subject to a fine
of not more than $25, except that where the person was found to have
committed a violation within the preceding five years the fine may
be not more than $50, and where the person was found to have committed
two or more such violations within the preceding five years the penalty
shall be a fine of not more than $100 or imprisonment for not more
than 15 days, or both.[1]
B.
In addition, a dog found to be dangerous may be ordered
securely confined or destroyed in the discretion of the court.
[Adopted 2-7-1983 by L.L. No. 1-1983]
For the purposes of this article the following
words are defined:
The term "chicken" shall refer exclusively to domestic hens
and shall intentionally exclude roosters. No other fowl, but the domestic
chicken, is to be permitted or included in the category of chicken
addressed by this article.
[Added 5-2-2016 by L.L.
No. 2-2016]
Any parcel of land containing five acres or more which is
used for the raising, production or breeding of livestock or the raising
of cattle for the purpose of milk production; provided, however, that
the structures for such uses shall be located not less than 100 feet
from any property line and that the storage of manure shall be not
less than 200 feet from any residence on a neighboring lot.
Any domesticated bird kept for its eggs or flesh including,
but not limited to, ducks, geese, chickens, turkeys, pheasants, and
pigeons; this does not include birds that are kept as household pets
as defined in this article.
[Added 5-2-2016 by L.L.
No. 2-2016]
Those creatures which are normally kept within the confines
of a dwelling for humans, such as dogs, cats, rabbits, birds, turtles,
tropical fish and so forth.
Every person having a right of property in the subject dog,
animal or fowl and every person who has a dog, animal or fowl in his
keeping or who harbors the same. Dogs, animals or fowl owned by minors
shall be deemed to be in the custody and control of the minor's parents
or other head of the household where the minor resides.
An individual, firm, partnership, corporation or association
of persons.
[Amended 5-2-2016 by L.L.
No. 2-2016]
A.
No person shall hereafter keep or harbor horses, cattle, sheep, swine,
fowl, or any animal other than cats, dogs, or similar household pets
within the Village of Perry without a permit issued by the Code Enforcement
Officer. The permit shall be revocable at any time if it appears that
the keeping of the animals in question is objectionable or offensive
by reason of noise, smell, or other cause. This section shall not
apply to any public pound or animal hospital operated by a New York-licensed
veterinarian located within the Village nor to any person who operates
a farm pursuant to the definition of "farm" in this article.
[Amended 1-16-2018 by L.L. No.
1-2018]
B.
Requirements applicable to keeping and raising of chickens.
(1)
Permit. The keeping and raising of chickens for personal use within
the Village of Perry shall be authorized only upon obtaining a permit
from the Village Code Enforcement Officer. Said permit shall be made
upon an application form to be promulgated by the Village of Perry
Clerk, and upon satisfactory inspection by the Code Enforcement Officer
to verify compliance with the requirements of this section. The original
permit application shall include a site plan detailing the dimensions
of the enclosure, and location of all poultry housing and runs including
their distance from all neighboring properties. The permit shall be
valid for one year only, and an annual permit fee and all renewal
fees, to be set by the Village Board of Trustees, shall be assessed
and paid by each successful applicant. The total number of permits
to keep and raise chickens within the Village is limited to five at
any one time.
(2)
Area requirements.
(a)
All chickens must be kept at all times in an enclosure containing
a coop and run that is constructed and maintained to prevent the chickens
from running at large. The enclosure must be resistant to rodents
and to predators, provide chickens with adequate protection from inclement
weather, provide proper ventilation, and include an enclosed shaded
run that is easily accessed and cleaned.
(b)
The enclosure is to be constructed of materials that are reasonably
complementary to existing structures within the viewshed of the enclosure,
in order to forestall complaints by neighbors or persons within viewing
vicinity of the enclosure.
(c)
The enclosure shall not be permitted to be located in a storm
drainage area that would allow chicken manure to enter any storm drainage
system or stream.
(d)
All enclosures must be located at least 30 feet from any neighboring
property line. The Code Enforcement Officer may grant an exception
to this setback requirement upon written permission from the affected
bordering resident(s). Enclosures shall be prohibited from being located
in the front yard of the property.
(3)
Minimum standards for condition of enclosure.
(a)
No more than six chickens may be housed or kept on the property
at any time. No roosters shall be permitted. The enclosure must provide
adequate space for free movement of all chickens and provide chickens
with access to water at all times. The enclosure must be regularly
cleaned and serviced so as to keep it clean, dry, and odor free at
all times in order to minimize possible nuisance to neighboring properties,
including, but not limited to, odors and the attraction of flies.
The enclosure must be maintained in a sanitary condition at all times.
All feed for chickens must be kept within a building in rodentproof
containers, and may not be kept outside.
(b)
Storage of chicken manure shall be permitted no closer than
30 feet to any property line. Storage of chicken manure is discouraged,
unless such waste is properly and sanitarily composted. If the presence
of chicken manure shall result in runoff or lead to unsanitary conditions
such as the attraction of pests, insects or rodents, such condition
must be rectified to the reasonable satisfaction of the Code Enforcement
Officer, or the permit to keep chickens may be revoked.
(4)
Inspection of chicken enclosure by Code Enforcement Officer. All
applicants for a permit to authorize the keeping of chickens in the
Village of Perry shall agree, as an incident of the application process,
to allow the Village Code Enforcement Officer to enter upon the premises
of the applicant at any reasonable time during daylight hours to inspect
the enclosure to verify compliance with the requirements of this section.
It is specifically understood, and a condition of the application,
that the applicant shall allow such inspection without the necessity
of prior notice. Because all enclosures housing chickens are required
to be located in exterior lot areas inspected and authorized by the
Code Enforcement Officer, it shall be deemed permissible for the Code
Enforcement Officer to enter upon the premises of any party maintaining
an enclosure housing chickens.
(5)
Slaughter of chickens. The slaughter of chickens is banned within
the Village of Perry and is not authorized by the permit to house
chickens.
(6)
Penalties.
(a)
Upon receipt of a complaint of a violation of the permit, the
Code Enforcement Officer shall inspect, investigate and verify such
violation. The findings of the Code Enforcement Officer shall be made
in writing, and delivered or mailed to the permit holder. Such notice
shall identify the violation, and shall require the immediate remediation
of the violation by the permit holder. The Code Enforcement Officer
shall inspect and verify compliance with the permit within five days
of the delivery of such notice of violation. If the permit holder
fails to remediate the violation, the permit shall be revoked.
(b)
Revocation for cause of any permit to raise or keep chickens
shall result in a disallowance of a new or renewal permit by that
party for at least one year.
(c)
If the violation of the permit continues unabated, the Code Enforcement Officer or Village Attorney may file a complaint in the Village Court to prohibit such violation, and may request the Court to invoke the penalty provision of § 160-18 of the Village Code. Section 160-18 provides that a violation of this article is hereby declared to be an offense punishable by a fine not exceeding $100. Each week's violation shall constitute a separate additional violation.
[Amended 3-5-2007 by L.L.
No. 1-2007]
No person owning, harboring or keeping any cat,
animal or fowl shall suffer, permit or allow such creature to disturb
the peace and quiet of the neighborhood or other persons by yowling,
barking, howling, or making other loud or unusual noises for or at
an unreasonable period of time or in an unreasonable manner, nor shall
such person suffer, allow or permit such creature to conduct itself
in such a manner as to habitually annoy any other person.
[Amended 3-5-2007 by L.L.
No. 1-2007]
No person owning, keeping, harboring or having
the care, custody and/or control of any cat, animal or fowl shall
suffer, permit or allow such creature to commit any nuisance in any
public street, building, or park or on any private property except
with the consent of the owner thereof.
Any person who at the adoption of this article has, keeps or harbors horses, cattle, sheep, swine, chickens or any other animal other than cats, dogs or similar household pets within the Village of Perry shall have until July 1, 1983, to secure other quarters for said animal or animals outside of the Village of Perry, after which date § 160-14 of this article shall be enforced.
[Amended 3-5-2007 by L.L.
No. 1-2007]
A violation of this article is hereby declared
to be an offense punishable by a fine not exceeding $100. Each week's
violation shall constitute a separate additional violation.
