§ 89-17Statutory authority.
§ 89-20Prohibited acts; presumptive evidence.
§ 89-22Seizure of dogs; redemption or destruction.
§ 89-24Penalties for offenses.
§ 89-25Alternative penalty procedure.
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.
This article is enacted pursuant to the provisions of § 124 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.
- AGRICULTURE AND MARKETS LAW
- 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.
- DOG CONTROL OFFICER
- 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.
- RECREATIONAL AREAS
- 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.
- RUN AT LARGE
- 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]
- SCHOOL PREMISES
- 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.
It shall be unlawful for any owner of any dog in the Village of Monticello to permit or allow such dog to:
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.
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.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
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.
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.
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner.
If a female dog, be off the owner's premises when in heat.
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.
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.
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.
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.
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.
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.
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:
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.
The dog to be confined to the premises of the owner.
Such other remedy as may be warranted by the circumstances in such case.
The imposition of a fine.
A violation of any order issued by a Village Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 89-28 of this article.
Except as otherwise provided in § 119 of the Agriculture and Markets Law, upon conviction, a violation of this article shall be deemed an offense and punishable by a fine of $25 for the first offense, $50 for the second offense and $75 for each subsequent offense.
As an alternative to the procedure set forth in § 89-28 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.
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.
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.