[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach: Art. I, 5-1-1987 as L.L. No. 2-1987.
Section 39-4 and 39-12 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 5-11-1987 as L.L. No. 2-1987]
The purpose of this Article is to protect the health, safety and well-being
of persons and property by imposing restrictions and regulations upon keeping
or running at large of dogs and the seizure thereof within the village.
This Article is enacted pursuant to the provisions of § 124
of the Agriculture and Markets Law.
The title of this Article shall be "Dog Control Village Law of the Village
of Sylvan Beach."
As used in this Article, the following terms shall have the meanings
indicated:
The delivery to any individual 18 years of age or older, for purpose
of harboring a pet, of any unredeemed dog impounded pursuant to the provisions
of this Article and Article 7 of the Agriculture and Markets Law.
Any dog that is unleashed and on property open to the public or is
on private property not owned or leased by the owner of the dog unless verified
permission for such presence has been obtained. No dog shall be deemed to
be "at large" if it is accompanied by and under the immediate supervision
and control of the owner or other responsible person, a police work dog in
use for police work, a hunting dog accompanied by its owner or a dog accompanied
by its owner or other responsible person and is actively engaged in hunting
or training for hunting on unposted land or on posted land with the permission
of the owner of the land.[1]
Any member of the species Canis familiaris.
Any individual appointed by a municipality to assist in the enforcement
of this Article and Article 7 of the Agriculture and Markets Law or any authorized
officer, agent or employee of an incorporated humane society or similar incorporated
dog protection association under contract with a municipality to assist in
the enforcement of this Article and Article 7 of the Agriculture and Markets
Law of the State of New York.
To bring about death by a humane method.
To provide food or shelter to any dog.
Any dog carrying an identification tag as provided in § 112
of Article 7 of the Agriculture and Markets Law relating to licensing, identification
and control of dogs.
A shelter for any type of dog or a pack of dogs. A shelter harboring
more than three dogs will be considered a "kennel."
Any person who harbors or keeps any dog. In the event that any dog
found in violation of this Article shall be owned by a person under 18 years
of age, the "owner" shall be deemed to be the parent or guardian of such person
or the head of the household in which said person resides, all as defined
in Article 7 of the Agriculture and Markets Law.
It shall be unlawful for any owner of any dog to permit or allow such
dog, in the Village of Sylvan Beach, to:
A.
Be at large.
B.
Engage in habitual loud howling, barking, crying or whining
or to conduct itself in such a manner as to unreasonably and habitually annoy
any person, day or night.
C.
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.
D.
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.
Habitually chase, run alongside of or bark at motor vehicles
or bicycles.
F.
Whether leashed or unleashed, be in any restaurant, grocery,
a commercial establishment which sells food for human consumption, public
building or public beach. This section shall not apply to Seeing Eye dogs
nor to dogs owned by or under the direct control and/or ownership of the establishment.
G.
On a fixed leash, be within five feet of any road, sidewalk
or right-of-way.
A.
No person who owns a dog shall permit the premises, structures
or enclosures in which such dog is kept to be unclean or unsanitary.
B.
It shall be unlawful for any owner of any dog to fail
to provide said dog with sufficient good and wholesome food and water and
proper shelter and protection from the weather.
It shall be unlawful for any kennels of any type to operate in the Village
of Sylvan Beach.
In any enforcement proceeding hereunder, it shall be presumed that an
unleashed dog on the premises of one other than its owner is there without
consent of the owner of such premises, unless the owner of the dog proves
such consent.
A.
Each dog seized in accordance with the provisions of
Article 7 of the Agriculture and Markets Law or the provision of this Article
shall be properly sheltered, fed and watered for the redemption period as
hereinafter provided. Each dog which is not identified, whether licensed or
not, shall be held for a period of five business days from the day seized,
during which period the dog may be redeemed by its owner, provided that such
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of the Agriculture and Markets Law and further
provided that the owner first pays the following impoundment fees to the Village
Clerk:
(1)
A redemption fee of $10, plus all expenses incurred for
boarding of the dog and services of the Dog Control Officer.
(2)
If the owner of any unredeemed dog is known, such owner
shall be required to pay the impoundment fee set forth in this section, whether
or not the owner chooses to redeem the dog.
(3)
All fees as hereinbefore provided shall be payable in
cash only to the Village Clerk.
B.
Promptly upon seizure of any identified dog, the owner
of such dog shall be notified personally or by certified mail, return receipt
requested, of the facts of the seizure and the procedure for redemption. If
notification is personally given, each dog shall be held for a period of seven
days after the day of notice. If such notification is made by mail, such dog
shall be held for a period of nine days from the date of mailing, during which
period the dog may be redeemed by the owner. In either case, the owner may
redeem such dog upon payment to the Village Clerk of the impoundment fees
herein prescribed and by producing proof that the dog has been licensed. An
owner shall forfeit title to any dog unredeemed at the expiration of the appropriate
redemption period.
A.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 of the Agriculture and Markets Law.
B.
The Village of Sylvan Beach shall charge $10 for the
adoption of an identified dog, and all expenses shall be charged for the adoption
of an unidentified dog, and such fees shall be payable, in cash, to the Village
Clerk.
C.
Any adopted dog must be spayed or neutered before release
from the shelter or pound or within six months thereafter.
D.
Adoption of dog requirements for the Village of Sylvan
Beach are null and void when there is a contract with a shelter or pound in
force.
A.
The Dog Control Officer or Municipal Shelter may accept
for adoption and/or dispose of unwanted, owned dogs, solely upon compliance
with the following conditions and requirements for such service:
(1)
The owner authorizes a dispensation with the usual redemption
provisions when the owner turns in an unwanted, unlicensed dog.
(2)
It is required that the owner execute a consent and/or
affidavit in a form prescribed by the Village of Sylvan Beach agreeing to
disposition and absolving the Dog Control Officer, Municipal Shelter and Village
of Sylvan Beach of all liability.
(3)
An adoptable dog shall be held for a maximum of five
business days before being humanely euthanized.
(4)
The owner authorizes the Dog Control Officer or Municipal
Shelter to discontinue the service at such times when accepting such dogs
would create a condition whereby seized dogs could not be properly sheltered
and cared for.
(5)
The fee to be charged for this service will be all costs
incurred.
(6)
In the case of identified dogs:
(a)
This is a transfer of ownership of an identified dog.
(b)
The instructions set forth in Paragraph 3 of the instructions
on the back of owner's copy of DL-1 must be followed.
(c)
The top half of the owner's copy of the license
must be completed, showing the municipality as the owner, the date of transfer
and the signature of the owner of record. It should be given to the Dog Control
Officer or Municipal Shelter, together with the dog's identification
tag.
(d)
The bottom half of owner's copy of the license must
be completed by the original owner, showing the transfer of ownership to the
municipality, and sent to the Department within 10 days of the date of transfer.
(e)
If the surrendered dog is later adopted, this is considered
to be a transfer of ownership. The Dog Control Officer or Municipal Shelter
should give the new owner the top half of the original license and the tag,
together with proof that the dog has been adopted. The Dog Control Officer
or Municipal Shelter must then notify the Department of the transfer of ownership
within 10 days of the date of transfer. The Dog Control Officer and Municipal
Shelter should keep a supply of blank forms DL-1 on hand and
use the license change and transfer report on the back of the owner's
copy to notify the Department of the change of ownership.
(f)
If the surrendered dog is euthanized, the Dog Control
Officer or Municipal Shelter should complete a license change and transfer
report (back of form DL-1), showing that the dog has been euthanized and the
date that the dog was euthanized, and mail it to the Department, together
with the dog's identification tag, within 10 days.
B.
All the requirements for the Village of Sylvan Beach
regarding unwanted, owned dogs are null and void when there is a contract
with a shelter or pound in force.
[Amended 4-25-1988 by L.L. No. 1-1988; 9-25-1989
by L.L. No. 2-1989]
When a person has been found to have violated any provision of this
Article, it shall be punishable by a fine up to $250 or imprisonment for a
term of not more than 15 days, or both.
