[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 129.
[Adopted 4-23-1979 by L.L. No. 6-1979 as Chapter 50 of the 1979 Municipal Code]
As used in this article, the following terms shall have the meanings indicated:
DOG
Any dog of either sex and of any age.
DOG CONTROL OFFICER
The person authorized by the Town Board of the Town of Montgomery, as provided in § 119 of the Agriculture and Markets Law of the State of New York, who is hereby appointed to, and who may, enforce the provisions of this chapter.
[Added 6-14-2010 by L.L. No. 2-2010]
OWNER
Includes any person owning, harboring or keeping a dog within the limits of the Village and the parent, guardian or other adult person with whom a minor dog owner resides.
RUN AT LARGE
To move about, over, across or upon any public or private property, street, sidewalk, lane or place other than that of the owner.
A person who owns a dog or has a dog in his care, custody or control shall restrain said dog at all times by a leash, rope, chain, cage or motor vehicle while the dog is off the premises owned or occupied by such person, whether or not the dog is tagged or licensed.
[Amended 12-9-1991 by L.L. No. 6-1991]
Any dog not so restrained found running at large shall be seized, held and dealt with in accordance with the Agriculture and Markets Law of the State of New York.
[Added 6-14-2010 by L.L. No. 2-2010]
It shall be unlawful for any owner to permit or allow a dog to:
A. 
Engage in habitual, loud howling or barking or to conduct itself in such a manner as to annoy any person other than the owner. Continuous or intermittent howling or barking for more than 1/2 hour shall be presumptively a violation of this section.
B. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner.
C. 
Chase, bark at or otherwise harass any person in such a manner as to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
D. 
Leave the owner's property to chase or bark at motorized vehicles, bicycles, joggers or walkers.
E. 
Remain in the Village of Maybrook unless licensed and cared for in accordance with the provisions of the New York State Agriculture and Markets Law.
F. 
Defecate or urinate in such a way as to cause annoyance to the residents of the Village, on property not belonging to the owner.
G. 
Permit the dog to tip over trash cans or destroy other devices used to contain refuse.
[Amended 12-9-1991 by L.L. No. 6-1991]
Except as otherwise provided in Article 7 of the Agriculture and Markets Law and notwithstanding any other provisions of law relating to the seizure of dogs cited hereinabove, a violation of § 89-2 of this article shall be punishable by a fine of not more than $25 for the first violation, nor more than $50 for the second violation and not more than $75 for the third and every subsequent violation.
A. 
In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation thereof, and an answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in Subsections B and C of this section in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If a person charged with a violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form authorized by this article entering a plea of guilty thereby, and forward such form and appearance ticket to the office specified on such appearance ticket. A check or money order in the amount of the penalty schedule appearing on the answer form must also be submitted with such answer.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete an appropriate form likewise prescribed for that purpose, entering a plea of not guilty thereby, and forward such form and appearance ticket, together with a security fee as set by resolution of the Board of Trustees,[1] to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such persons shall be notified by return mail of the date and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
[Amended 12-9-1991 by L.L. No. 6-1991]
[1]
Editor's Note: Said fee resolution is on file and available for inspection in the office of the Village Clerk.
D. 
The form for answer by plea of guilty or not guilty shall include a statement setting forth in substance the provisions of this section and the schedule of penalties that can be imposed if a plea of guilty is entered. The form shall be approved as to form and content by the Board of Trustees.
[Adopted 4-23-1979 by L.L. No. 6-1979 as Art. I of Ch. 51 of the 1979 Municipal Code)]
No person or persons shall permit any horses, cattle, sheep, goats or other animals over which they have control, either as owner, lessee, bailee, agent or otherwise, to run or roam at large on any of the streets or public grounds of the Village of Maybrook.
No person or persons shall keep swine within the corporate limits of the Village of Maybrook for any purposes, as either owner, lessee, bailee, agent or otherwise.
[Amended 12-9-1991 by L.L. No. 6-1991]
Violation of any provision of this article shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses.[1]
[1]
Editor's Note: Former Article III, Dogs, adopted 11-23-1987 by L.L. No. 8-1987 (Ch. 50 of the 1979 Municipal Code), as amended, which immediately followed this section, was repealed 1-24-2005 by L.L. No. 2-2005.