[Adopted 2-6-1956]
No person shall keep or allow upon any premises
owned or occupied by him any dog or other animal which shall by noise
disturb the quiet or repose of any one in the vicinity to the detriment
of the life or health of any human being.
If a dog of any age or other either sex shall
bite any person in the Village of Port Chester, said person, his parents
or legal guardian shall forthwith notify the Village Clerk of said
fact, together with all attendant circumstances, and the person owning,
possessing or harboring said dog shall, within 24 hours after such
biting, deliver said dog to a licensed veterinarian located within
20 miles of the Village Port Chester and also serve upon the Village
Clerk a statement in writing, giving the name of such owner or person
possessing or harboring such dog, the date of biting, the address
where the same occurred, the name and address of the licensed veterinarian
to whom said dog was delivered and the date of such delivery. Said
dog shall then be held in quarantine by such veterinarian for a period
of 10 days and given all proper tests for the purpose of determining
the presence of rabies.
At the end of said period of quarantine, or
as soon as the existence of rabies may be determined by said veterinarian,
the owner or person harboring such dog shall forthwith procure from
said veterinarian and deliver to the Village Clerk a report certifying
to the existence or nonexistence of rabies in said dog. The Village
Clerk shall forthwith notify the person bitten, or his parents or
guardian, of the contents of said report.
The expense of such examination, tests, quarantine
and report shall be borne entirely by such owner, person possessing
or person harboring such dog.
No agreement, expressed or implied, between
such owner, person possessing or person harboring such dog and any
person bitten, or his or her parent or guardian, purporting to waive
the necessity for strict compliance with the provisions of this article
shall be a defense to prosecution hereunder, as hereinafter provided.
[Amended 7-21-2014 by L.L. No. 5-2014]
A.
The police or a representative of a Humane Society,
which shall have been retained by the Village to control dogs, shall,
under the following circumstances, apprehend and impound dogs:
B.
When the Police Justice, upon written complaint and
after a hearing upon due notice to each owner, custodian or person
in charge of any dog, shall find the noise, damage or injury to property
made by such dog a public nuisance, such dog shall be forthwith impounded
at his direction unless the owner, custodian or person in charge shall
give assurance, satisfactory to such Police Justice, that such a nuisance
shall be forthwith abated. If such assurance is violated, the dog
shall be forthwith impounded.
The owner, custodian or person who keeps, harbors or otherwise has charge of any dog which has been impounded pursuant to any provision of this article or which runs at large in violation of § 136-1 shall be deemed an offender and shall be subject to the penalty hereinafter prescribed.
[Added 11-2-1981 by L.L. No. 9-1981]
It shall be the duty of any person owning, harboring
or having the custody and control of a dog to remove any feces left
by such dog on any sidewalk, gutter, street or any other public area;
provided, however, that this provision shall not be applicable to
a blind person while such person is actually using a Seeing Eye dog
licensed as such pursuant to § 109 of the Agriculture and
Markets Law.[1]
[Amended 8-6-1979 by L.L. No. 11-1979; 3-1-1989 by L.L. No.
4-1989; 11-3-1997 by L.L. No. 17-1997; 12-20-2010 by L.L. No.
14-2010]
A.
No person shall keep any dog within the limits of
the Village of Port Chester without receiving a yearly license from
the Clerk of the Town of Rye at the rate provided for by the Town
of Rye.
[Amended 8-6-1979 by L.L. No. 11-1979]
Any unlicensed dog or any dog which shall not wear said metal tag as provided in the above section may be taken in charge by any Village officer or person duly designated for such job and conveyed to the public pound. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period as set forth by New York State Department of Agriculture and Markets, Article 7, § 118, and the dog shall then be made available for adoption or euthanized.
[Amended 8-6-1979 by L.L. No. 11-1979; 11-3-1997 by L.L. No.
17-1997]
Any owner or person having charge of any dog
which shall have been impounded, upon reclaiming same and before receiving
same, shall obtain a release at the office of the Village Clerk after
payment of fee as follows:
[Amended 3-5-1979 by L.L. No. 4-1979; 9-30-1992 by L.L. No.
13-1992; 2-27-2002 by L.L. No. 2-2002]
Any violation of the provisions of this local
law shall constitute a violation, and the person so violating any
of the provisions of this regulation shall be deemed to be guilty
of such violation and, upon conviction thereof, shall be subject to
a fine of not more than $250 or to imprisonment for not less than
two days nor more than 10 days, or to both such fine and imprisonment.
Each day on which such violation continues shall constitute a separate
offense.
