[Adopted 12-6-1976 by L.L. No. 9-1976]
The Village Board of the Village of Monticello finds that the
running at large and other uncontrolled behavior of licensed and unlicensed
dogs has caused physical harm to persons and damage to property and
created nuisances within the Village. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Village.
[Amended 2-1-1993 by L.L.
No. 1-1993; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
This article is enacted pursuant to the provisions of § 122
of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the
Village of Monticello."
As used in this article, the following words shall have the
following respective meanings.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article and as amended thereafter.
That such animal is kept on the owner's premises, not
including those portions of the owner's property devoted to highway
purposes and to the purpose of sidewalks paralleling and along adjacent
highways.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person appointed by the Village of Monticello from time
to time to enforce the provisions of this chapter and/or the provisions
of the Agriculture and Markets Law; and anyone in the Village of Monticello
otherwise conforming to the definition of "Dog Control Officer" as
defined in Agriculture and Markets Law § 108, Subdivision
6. In the event that the Village of Monticello shall not have at any
particular time a duly appointed Dog Control Officer, the person appointed
by the Town of Thompson to enforce Article 7 of the Agriculture and
Markets Law shall, during such time, be the Dog Control Officer in
the Village of Monticello. (Nothing herein contained shall prohibit
the police officers of the Village of Monticello from exercising their
jurisdiction to enforce this chapter and/or Article 7 of the Agriculture
and Markets Law as police persons and peace officers.)
[Amended 2-1-1993 by L.L.
No. 1-1993]
The party purchasing the license, unless the dog is or has been
lost and such loss has been reported to the Dog Control Officer and
reasonable search has been made.
If an animal is not licensed, the term "owner" shall designate
and cover any person or persons, firm, association or corporation
who or which at any time owns or has custody or control of, harbors
or is otherwise responsible for any animal which is kept, brought
or comes within the Village.
Any person owning or harboring a dog for a period of one week
prior to the filing of any complaint charging a violation of this
article shall be held and deemed to be the "owner" of such dog for
the purpose of the article.
In the event that any dog found to be in violation of this article
shall be owned by a minor, the head of the household in which said
minor resides shall be deemed to have custody and control of said
dog and shall be responsible for any acts of said dog and violation
of this article.
Any real property owned by the Village of Monticello which
is used for recreational purposes by the public, including but not
limited to parks or playgrounds.
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the knowledge, consent
or approval of the owner of such lands.
[Amended 6-21-1999 by L.L. No. 5-1999]
Any real property situate within the Village of Monticello
which is used for educational purposes or purposes incidental thereto.
The area within the corporate limits of the Village of Monticello.
[Amended 1-19-1988 by L.L. No. 1-1988]
A.
It shall be unlawful for any owner of any dog in the Village of Monticello
to permit or allow such dog to:
(1)
Run at large, unless the dog is accompanied by its owner or a responsible
person able to control it by a leash restraint actually being used.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(3)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(4)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than the property of the owner or harborer of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of said owner.
(7)
If a female dog, be off the owner's premises when in heat.
(8)
Be at large on any school premises or recreational areas or the sidewalks
adjacent thereto, unless said dog is on a leash.
This article shall be enforced by the Dog Control Officer, by
any peace officer or by any person having jurisdiction under the Agriculture
and Markets Law.
A.
Any dog found running at large in violation of this article may be
seized by any Dog Control Officer, peace officer or other designated
representative of the Commissioner of Agriculture and Markets of the
State of New York, and/or of the Village of Monticello and/or the
Town of Thompson as shall be necessary to effect such seizure without
intentionally injuring or harming such dog and shall be impounded
and disposed of in accordance with the provisions of Article 7 or
other applicable provisions of the Agriculture and Markets Law.
[Amended 2-1-1993 by L.L.
No. 1-1993]
B.
After any such seizure, the record owner of such dog or an adult
member of his family, if the owner is ascertainable from the dog's
license tag, shall be notified personally by serving such owner or
adult with a notice, in writing, stating that the dog has been seized
and may be destroyed unless redeemed.
C.
A dog owner may redeem his animal from the pound upon payment in
cash of a fee as set forth from time to time by resolution of the
Village Board of Trustees for the impounding of such animal, plus
the cost of keeping, feeding and caring for the animal while in the
custody of the Animal Warden or pound.
[Amended 6-21-1999 by L.L. No. 5-1999]
D.
No action shall be maintained against the Village of Monticello,
the Town of Thompson, any duly designated Dog Control Officer, or
any other agent or officer of the Village of Monticello and/or the
Town of Thompson to recover the possession of value of any dog or
for damage for injury or compensation for the destruction of any dog
seized or destroyed pursuant to the provisions of this chapter, this
article and/or Article 7 of the Agriculture and Markets Law.
[Amended 2-1-1993 by L.L.
No. 1-1993]
A.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a Village Justice specifying the nature
of the violation, the date thereof, a description of the dog and the
name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Village Justice of any such complaint, he shall
summon the alleged owner to appear in person before him for a hearing
at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Village Justice decides that further action is warranted,
he may order:
(1)
The dog to be declared a vicious or dangerous dog, to be restrained
by a collar and leash at all times whether on or off the owner's
property.
(2)
The dog to be confined to the premises of the owner.
(3)
Such other remedy as may be warranted by the circumstances in such
case.
(4)
The imposition of a fine.
[Amended 6-21-1999 by L.L. No. 5-1999; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118 of the Agriculture
and Markets Law, a violation of this article shall be punishable:
A.
Where prosecuted
pursuant to the penal law, by a fine of not less than $25, except
that where the person was found to have violated this article within
the preceding five years, the fine may be not less than $50, and where
the person was found to have committed two or more such violations
within the preceding five years, it shall be punishable by a fine
of not less than $100 or imprisonment for not more than 15 days, or
both; or
B.
Where prosecuted
as an action to recover a civil penalty, by a civil penalty of not
less than $25, except that when the person was found to have violated
this article within the preceding five years, the civil penalty may
be not less than $50, and where the person was found to have committed
two or more such violations within the preceding five years, the civil
penalty may be not less than $100.
A.
As an alternative to the procedure set forth in § 89-24 hereof, in cases where only a penalty for violation of this article is sought, the Dog Control Officer, any peace officer or any other person having authority to enforce this article may issue an appearance ticket pursuant to the Criminal Procedure Law for violation of this article.
C.
If a person charged with the violation admits to the violation as
charged in the appearance ticket, he may complete a form which the
Village Clerk is hereby authorized to prepare, and forward such form
and appearance ticket to the office specified on such appearance ticket.
The schedule of penalties for violation having been established, such
schedule shall appear on the answer form, and a check or money order
in the amount of the penalty for the violation charged must also be
submitted with such answer.
D.
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, which the Village Clerk is likewise authorized to
prepare, and forward such form and appearance ticket, together with
security in the amount of $15, to the office specified on such appearance
ticket. Upon receipt, such answer shall be entered and a new return
date established by said office. Such person 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.
