[Adopted 3-11-1974 by Local Law No. 1-1974]
No person owning or having custody or control
of a dog, whether or not tagged or licensed, shall permit such dog
to be at large in the Village of Warwick elsewhere than on the premises
of the owner or person having such custody and control, unless restrained
by a chain or leash not exceeding six feet in length.
Any person owning, harboring or having the care,
custody or charge of any dog, when such dog is housed or confined,
shall so house and confine such dog in a place so constructed as to
prevent the disturbance of persons residing in the neighborhood by
habitual or continued barking of such dog.
Any dog running at large, whether or not tagged
or licensed, contrary to the provisions of this Article within the
limits of the Village of Warwick shall be subject to seizure and impounding
by any police officer or by any other person or agency designated
by the Village officials or authorized by law to seize and impound
animals pursuant to Article 7, Section 120, of the Agriculture and
Markets Law of the State of New York, as amended.
After such seizure and impounding, the owner
of such dog, if known, shall be notified in accordance with Article
7, Section 114-a, of the Agriculture and Markets Law of the State
of New York, as amended, if unlicensed and untagged, and if unleashed
but bearing a license tag the owner shall be notified in accordance
with Article 7, Section 114-a, of the Agriculture and Markets Law
of the State of New York, as amended.
If said dog is not redeemed, the owner shall
forfeit all title to the dog as provided in the aforesaid sections
of Article 7 of the Agriculture and Markets Law of the State of New
York, as amended.
[Added 5-14-1990 by L.L. No. 5-1990]
A.
It shall be unlawful for any person or persons owning,
harboring or having the care, custody or control of any dog to permit
such dog to soil, defile, defecate on or commit any nuisance upon
any common thoroughfare, sidewalk, passage-way, public street, 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. The restriction in this
section shall not apply to that portion of a street lying between
the curblines, which portion may be used to curb such dog, provided
that such person shall immediately remove all feces deposited by such
dog as follows:
(1)
Feces shall be picked up with a scoop, shovel, broom,
tong or other similar implement and be deposited directly into an
airtight container, plastic or otherwise, and then subsequently deposited
in a container used for the disposal of refuse or by any other method
approved by the Board of Health.
(2)
In no event shall any feces be deposited in sewers
or drains, whether storm or sanitary.
B.
This section may be enforced by the Dog Warden, Health
Department, Police Department or any private citizen by the filing
of a complaint in the Village Justice Court.
C.
Guide dogs excepted. The provisions of this section
shall not apply to blind persons who may use dogs as guides.
[Added 5-14-1990 by L.L. No. 5-1990]
Any person violating this Article shall be subject
to a fine not exceeding $250 or imprisonment for not more than 15
days, or both.
