[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:
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]
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.
