Village of Caledonia, NY
Livingston County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 10-6-1981 by L.L. No. 2-1981 as Ch. 51 of the 1981 Code]
It appearing that dogs in the Village of Caledonia have, in some instances, been allowed to cause annoyance and damage to the person and property of others, and it appearing further that dogs properly cared for serve a useful purpose, the Board of Trustees of the Village of Caledonia enacts this article to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.
As used in this article, the following terms shall have the meanings indicated:
DOG CONTROL OFFICER
The person authorized by the Board of Trustees from time to time, by resolution, to enforce the provisions of this article. The Dog Control Officer shall be authorized to draw an information and obtain supporting affidavits for submission to the Village Justice Court.
[Amended 11-15-1994 by L.L. No. 1-1994]
OWNER
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week. The owner need not be a resident of the Village of Caledonia but, for a violation to occur, the dog must be in the village limits. 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 the dog and shall be responsible for any acts of the dog in violation of this article.
A. 
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog while in the Village of Caledonia to:
(1) 
Run at large unless said dog is restrained by an adequate collar and a leash no longer than eight feet in length or unless accompanied by its owner or a responsible person able to control the animal. For the purposes of this article, a dog or dogs while hunting in company with a hunter or hunters shall be considered as accompanied by its owner if the dog is under the control of the hunter or hunting party.
(2) 
Engage in habitual loud howling or barking or to conduct itself in such a manner as to habitually annoy any person.
(3) 
Cause damage or destruction to property or commit a nuisance upon the premises of any person.
(4) 
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
(5) 
Habitually chase or bark at motor vehicles or bicycles.
(6) 
Kill or injure any other dog, cat or other domestic or farm animal.
(7) 
Tip over trash cans or other devices used to contain refuse.
B. 
No owner shall permit the premises or enclosure in which the dog is kept to be unsanitary or unclean.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be securely confined on the premises of such person during such period.
[Amended 11-15-1994 by L.L. No. 1-1994]
This article shall be enforced by the Dog Control Officer, the Village Police Department or any other law enforcement officer.
[Amended 4-3-1989 by L.L. No. 2-1989]
Any dog found in violation of the restrictions set forth in § 59-3 shall be impounded and shall be taken to such place of detention as may be provided by the Board of Trustees from time to time until the disposition of such dog shall have been made in accordance with the provisions of this article.
[Amended 4-3-1989 by L.L. No. 2-1989]
A. 
Seizure of licensed dogs. In the event that a licensed dog is seized, then promptly upon the seizure of such dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner.
B. 
Seizure of unlicensed dogs. In the event that an unlicensed dog is seized, then promptly upon the seizure of such dog, the owner of such dog, if known, shall be notified personally or by mail of the facts of seizure and the procedure for redemption. The dog shall be held for a period of three days after impoundment, during which period the dog may be redeemed by the owner. Upon the expiration of said period of three days, if the dog has not been redeemed, such dog may be destroyed or placed for adoption.
[Amended 4-3-1989 by L.L. No. 2-1989; 11-15-1994 by L.L. No. 1-1994]
Each dog seized under the provisions of this article may be redeemed by its owner, provided that such owner produces proof that the dog is then licensed, and further provided that the owner pays the impoundment fees which shall be as set forth from time to time by resolution of the Board of Trustees and as indicated on a fee schedule on file in the office of the Village Clerk.
[Amended 11-15-1994 by L.L. No. 1-1994]
In the event that the owner of the dog desires a trial, he shall post bail of $25 to pay for the care of the dog while impounded and demand, in writing, a trial. The Dog Control Officer or other law enforcement officer shall immediately proceed to file an information with the Village Justice so that the matter will appear on the docket of the court as soon as possible. The rules of procedure and as to proof applicable in criminal actions shall apply.
If an impounded dog is not redeemed or a trial demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the village or destroyed by the appropriate official as hereinafter provided.
[Amended 11-15-1994 by L.L. No. 1-1994]
The Dog Control Officer is hereby authorized to sell any dog not redeemed at such price as he shall determine to be fair and shall deposit such sum in the general fund of the village. The Village Clerk shall keep a record of all sales, and such records shall be open to the public. Such records shall be kept for one year.
[Amended 11-15-1994 by L.L. No. 1-1994]
In the event that it becomes necessary to destroy a dog, the Dog Control Officer or other law enforcement officer shall arrange through a veterinarian for the destruction of the dog, cause the carcass to be disposed of and make a report in writing of such destruction to the Village Clerk. The Clerk shall keep a record of the destruction for one year.
[Amended 11-15-1994 by L.L. No. 1-1994]
If at any time, in the determination of the court, the Dog Control Officer or any law enforcement officer, a dog cannot be safely restrained or is an immediate threat to the safety of the Dog Control Officer, law enforcement officer or others, the dog may be immediately destroyed in the most humane manner available.
[Amended 8-5-86 by L.L. No. 4-1986; 11-15-1994 by L.L. No. 1-1994]
Unless otherwise provided by Article 7 of the Agriculture and Markets Law, an offense against the provisions of this article shall be deemed a violation, and the person convicted of such violation shall be subject to a fine of not more than $250 or fifteen days' imprisonment, or both such fine and imprisonment. The persons authorized to enforce the provisions of this article under § 59-5 thereof are hereby authorized to enforce the provisions hereof by the issuance of a uniform appearance ticket and simplified information as provided in §§ 124 and 114 of the Agriculture and Markets Law. In addition, a dog found to be dangerous may be ordered securely confined or destroyed, in the discretion of the court.
The owner, possessor or harborer of any dog destroyed under the provisions of this article shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
[Added 12-5-2000 by L.L. No. 2-2000]
A. 
Removal of feces required. Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, play area, park or any place where people congregate or walk or upon any private property, without the permission of the owner of said property, shall immediately remove all feces deposited by any such dog, in a sanitary manner.
B. 
Disposal. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
C. 
Exception for guide dogs. The provisions of this section shall not apply to blind persons who may use dogs as guides.
D. 
Presumption of ownership. In case a dog is unattended, information secured by an enforcement officer from a license or tag secured to said dog shall present a rebuttable presumption that the owner identified by such license or tag is the owner or person in charge of said dog.
E. 
Penalties for offenses. Any person who violates or neglects to comply with any provision of this section shall, upon conviction thereof, be liable for penalties of § 59-14.