[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-1983 by L.L. No. 2-1983 (Ch. 56 of the 1987
Code)]
This article shall be known as the "Dog Control Law of the Village
of Liverpool."
As used in this article, the following terms shall have the
meanings indicated:
The person or persons appointed by the Village Board to the
position of Dog Control Officer. A Dog Control Officer shall have
all the powers of a constable or other peace officer in the execution
of the provisions of this article or Article 7 of the Agriculture
and Markets Law of the State of New York. These powers shall include
service of any process, the service of an appearance ticket and the
service of any other order or process as provided under Article 7
of the Agriculture and Markets Law or this article.
Any person who is the licensed owner or last licensed owner
of a dog or any person who harbors a dog for more than one week. If
the owner of a dog is under the age of 18 years, the "owner" of the
dog shall be deemed the parent or guardian for the purpose of this
article.
This article shall apply to all dogs harbored within the Village
of Liverpool, whether or not tagged or licensed.
It shall be a violation of this article to permit or allow any
dog in the Village of Liverpool to:
A.Â
Be at large off the owner's premises except when such dog is
restrained by a leash not exceeding six feet in length.
B.Â
Permit any dog in heat to be at large off the owner's premises,
whether or not such dog is at large or restrained by a leash.
C.Â
Engage in habitual loud barking, crying or whining as to conduct
itself in such manner as to unreasonably and habitually annoy any
person.
D.Â
Cause damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner of
such dog.
E.Â
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
[Added 5-26-1987 by L.L. No. 2-1987]
A.Â
Removal of feces by owner. Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passage, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property, in violation of § 124-4D above, shall immediately remove all feces deposited by any such dog by any sanitary method approved by the local health authority.
B.Â
Disposal of feces. The feces removed from the aforementioned designated
area shall be disposed of by the person owning or in charge of any
such dog in accordance with the provisions of this article.
C.Â
Guide dogs excepted. The provisions of this section shall not apply
to blind persons who may use dogs as guides.
A.Â
The Dog Control Officer or any other peace officer or designated
representative of the Commissioner of Agriculture and Markets may
seize any dog:
B.Â
Any dog seized pursuant to this section shall be taken to such place
as may be designated by the Board of Trustees as a place of detention,
and there such dog shall be properly cared for until the expiration
of the applicable redemption period set forth in § 118 of
the Agriculture and Markets Law. In the event that such dog bears
a license tag, the person seizing the dog shall, within three days,
thereafter ascertain the name of the owner thereof and give said owner
immediate notice by serving on said owner an instrument, in writing,
stating that the dog has been seized, indicating when, where and why
the dog was seized and stating that the dog will be sold or destroyed
unless redeemed within 12 days of the date of seizure of the dog.
If an impounded dog is not redeemed within the applicable redemption
period set forth in § 118 of the Agriculture and Markets
Law, the owner shall forfeit title to such dog, and it may thereafter
be sold or destroyed by the Village.
[Amended 5-26-1987 by L.L. No. 2-1987]
The Dog Control Officer or any peace officer observing a violation of § 124-4 of this article, or by verified complaint filed by a citizen, is hereby authorized to issue and serve an appearance ticket for such violation, pursuant to the Criminal Procedure Law, to the owner of any dog violating said § 124-4 of this article. The appearance ticket shall be in the form prescribed by the Board of Trustees by resolution. Forms shall appear on all appearance tickets whereby a person charged with a violation may either admit the violation as charged on the appearance ticket or deny part or all of the violation as charged thereon. A person charged with a violation on an appearance ticket issued pursuant to this section may make an answer to such appearance ticket by registered mail, return receipt requested, within seven days of the violation in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
Each dog seized may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and identified pursuant to the provisions of this article and further provided that the owner pays the applicable impoundment fees as set forth in the then-existing contract between the Village and any incorporated humane society or dog-protective association providing pound or shelter services for the Village. These fees are in addition to the fines set forth in § 124-10.
A.Â
Any person, Dog Control Officer or any peace officer may make a verified
complaint to the Village Justice of an attack by any dog on:
B.Â
Thereupon, the Justice shall immediately determine if there is probable
cause to believe the dog is a dangerous dog and, if so, shall issue
an order to the Dog Control Officer directing such person to immediately
seize such dog and hold the same pending judicial determination as
herein provided. Whether or not the Justice finds there is probable
cause for such seizure, he shall, within seven days and upon written
notice of not less than three days to the owner of the dog, hold a
hearing on the complaint. If satisfied that the dog is a dangerous
dog, the Justice shall then order the owner or the Dog Control Officer
or any peace officer to destroy the dog immediately or shall order
the owner to confine securely such dog permanently or at such time
as otherwise specified in the order. If the owner fails to destroy
or to confine the dog as required by such order, the Dog Control Officer
or any peace officer shall destroy such dog on or off the premises
of the owner.
A violation of this article shall be punishable by a fine of
not more than $25 for the first violation of this article, nor more
than $50 for the second violation of this article and not more than
$75 for the third and each subsequent violation of this article.