[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock 3-10-1974
by L.L. No. 1-1974 as Art. 19 of the 1974 General Ordinance.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any and all types of animals, fowl and fish, both domesticated and
wild.
A dog which, when it is not on the premises of its owner or custodian,
without being provoked, harasses or threatens a person in such a manner so
as to create the apprehension of fear of bodily injury by such person or deposits
animal waste on or damages the real property of or damages or destroys the
personal property of a person other than the dog's owner or custodian.
When an animal is not on the premises of its owner or custodian or
is not on a leash and under the immediate control of its owner or custodian.
Any animal which is capable of inflicting bodily harm upon a person,
such as, but not limited to, poisonous snakes and reptiles, carnivorous birds,
felines larger than domestic cats, large monkeys, apes and bears, excluding
nonvicious dogs and other domestic animals.
A dog which has once bitten any person or twice makes an unprovoked
attack upon and bites another dog or other domestic animal while at large.
Any person who is the owner or harborer or having custody or control
of any animal shall not permit any animal, except dogs that are not declared
vicious or annoying and house cats not exceeding 15 pounds in weight, to be
at large in the village.
A.
Complaint by village resident. Any village resident claiming
that a dog is vicious or annoying as defined herein or is or was at large
in violation of this chapter may make a written complaint to an officer of
the Police Department, whose duty it shall be to issue an appearance ticket
requiring the owner or person harboring such dog to appear before the Village
Justice to determine such issue.
B.
Complaint by police officer. Upon reasonable belief by
an officer of the Police Department that a dog is vicious or annoying as defined
herein or is or was at large in violation of this chapter, it shall be his
duty to issue an appearance ticket requiring the owner or custodian of such
dog to appear before the Village Justice to determine such issue.
C.
Procedure and trial. The Village Justice shall hold a
trial for the purpose of determining whether the dog which is the subject
of the complaint is vicious or annoying as defined herein or was at large
in violation of this chapter. If, after trial, the Village Justice finds that
such dog is vicious or annoying, he shall order and declare that such dog
is vicious or annoying and thereafter it shall be unlawful for such vicious
or annoying dog to be at large in the village.
A.
Upon a finding by the Village Justice that a dog is vicious or annoying or that an animal was at large in violation of this chapter, the owner or custodian of such animal shall be responsible in damages for any injury or damage caused by such animal and shall also be liable for a fine as provided for in Chapter 1, General Provisions, Article II. The Village Justice may order that any dangerous animal or vicious dog be destroyed.
B.
Any officer of the Police Department is
authorized to kill any dangerous animal or vicious dog when it is necessary
for the protection of any person or property.
