[Adopted 1-21-1988 by L.L. No. 1-1988]
The purpose of this article shall be to promote
the health, safety, morals and general welfare of the Village of Fort
Plain, including the protection and preservation of the property of
the Village and its inhabitants of the peace and good order, by adopting
and enforcing certain regulations and restrictions on the privileges
of the owners of dogs and the rights and privileges of the residents
of the Village of Fort Plain and by imposing restrictions upon the
keeping and running at large of dogs within the Village of Fort Plain.
As used in this article, the following terms
shall have the meanings indicated:
A dog off the premises of the owner.
Both male and female dogs except where the context requires
otherwise.
The dog is equipped with a collar of sufficient strength
to restrain the dog to which is attached a leash of sufficient strength
not more than eight feet long, which leash shall be held by a person
having the ability to control and restrain the dog by means of the
collar and leash. A harness worn by a guide dog for the blind shall
be considered a suitable "leash" hereunder.
Includes any person who owns, keeps or harbors or has the
care, custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of the minor's parents, guardian
or other head of the household where the minor resides.
[Amended 1-16-2001 by L.L. No. 1-2001]
No person who owns or is responsible for the
care and custody of a dog shall permit:
A.
Such dog to be at large within the Village of Fort
Plain unless restrained by an adequate leash; provided, however, that
dogs may be unleashed while off the owner's premises when on the private
premises of another with the knowledge, consent and approval of such
other person.
B.
To run at large within the Village of Fort Plain any
vicious dog or dogs of dangerous disposition or dog which, by its
chasing, biting, snapping, growling or barking at persons, automobiles,
bicycles or moving vehicles or its running at large shall cause unreasonable
disturbance in the neighborhood, imperil the safety or disturb the
comfort and repose of any person or which shall reasonably put such
person in fear of attack by such dog or fear of such person's personal
safety.
C.
Such dog, whether leashed or unleashed, to be in any
restaurant, grocery or commercial establishment which sells food for
human consumption, except that a guide dog for the blind may enter
any such premises if leading or accompanying a blind person therein.
D.
Or keep a dog which has attacked any person peaceably
conducting himself in any place where such a person may lawfully be
or which has attacked, chased, unreasonably annoyed or killed any
domestic animal, as defined in the Agriculture and Markets Law of
the State of New York, or any cat or other dog while such animal is
in any place where it may lawfully be.
E.
Such dog to uproot, dig or otherwise damage or destroy
vegetation, lawns, flowers, garden beds or property of any kind, to
deposit waste on public property or the private property of other
persons or to tamper with or forage at garbage pails or trash containers
in any manner whatsoever.
F.
Or keep on the premises occupied by such person any
dog which, by its barking, howling or whining or other frequent or
long-continued noises, shall unreasonably disturb the comfort or repose
of any person other than the owner of such dog. Such barking, howling,
whining or other noises when occurring at any time in a frequent and/or
excessive manner that is deemed to unreasonably disturb the comfort
or repose of other persons.
[Amended 9-21-2021 by L.L. No. 2-2021]
G.
The premises, structures or enclosures in which such
dog is kept to be unclean or unsanitary. All accumulations of waste
therein shall be stored in such places and removed with such frequency
and in such manner as to prevent offensive or noxious odors and to
prevent their becoming breeding places for flies, vermin and other
pests.
H.
A female dog owned or under such person's care and
custody to be off such owner's premises, except when being transported
in a secure manner in a motor vehicle, whether such dog is leashed
or unleashed, while such female dog is in heat.
[Amended 4-30-1996 by L.L. No. 1-1996]
The Mayor of the Village of Fort Plain shall
appoint a Dog Control Officer as needed pursuant to the appropriate
statutes of the State of New York. It shall be the duty of such Dog
Control Officer as well as all peace officers and police officers
within the Village of Fort Plain, with the assistance of such other
officers as the Mayor may designate, to enforce the provisions of
this article as well as of the Agriculture and Markets Law with respect
to dogs in the Village of Fort Plain.
[Amended 4-30-1996 by L.L. No. 1-1996]
The Dog Control Officer, any peace officer or
any police officer shall seize any dog which is found at large within
the Village of Fort Plain in violation of this article, as well as
any dog or dogs otherwise required to be seized under and by virtue
of the Agriculture and Markets Law.
A.
Every dog seized shall be properly fed and cared for
at the expense of said Village until disposition thereof is made as
herein provided. The redemption of a seized dog shall be in conformance
with and pursuant to the provisions of the Agriculture and Markets
Law, both as to licensed and unlicensed dogs.
B.
In the event that the dog seized bears a license tag,
the Dog Control Officer or officer shall ascertain the owner of the
dog and shall give prompt notice by either certified mail, return
receipt requested, or by personally serving such owner or an adult
member of his family with a notice, in writing, stating that the dog
has been seized and that the dog will be destroyed unless redeemed
within the period provided in § 118 of Article 7 of the
Agriculture and Markets Law.
[Amended 4-30-1996 by L.L. No. 1-1996]
C.
In the event that the dog seized does not bear a license
tag, the dog shall be held for the applicable period as provided in
§ 118 of Article 7 of the Agriculture and Markets Law.
D.
Dogs which have been seized may be redeemed by the
owner during the appropriate redemption period by complying with the
provisions of § 118 of Article 7 of the Agriculture and
Markets Law, including but not limited to the payment of the applicable
impoundment fees set forth therein or such greater sum as may actually
be incurred by or on behalf of the Village at any dog pound or animal
shelter leased, hired or otherwise utilized by the Village.
E.
If any dog so seized is not redeemed within the time
set forth, the owner shall forfeit all title to the dog, and the dog
shall be sold by the Village or euthanized. In the case of sale, the
purchaser must pay the purchase price, which shall not be less than
the pound or shelter fees and the cost of seizure, to the Village
Clerk and obtain a license for such dog. The Village may accept a
lower price if necessary so as not to cause the unnecessary destruction
of such dog. In case the dog is euthanized, the Dog Control Officer
or peace officer or police officer who destroys the dog shall immediately
dispose of the carcass and make a written report of such destruction
and disposition to the Village Clerk, who shall keep a record thereof.
The owner of a dog so euthanized shall pay the Village Clerk the cost
of seizure and destruction of such dog, and such costs may be recovered
by the Village Clerk in a civil action brought in the name of the
Village before a Town Justice of the Town of Minden.
[Amended 4-30-1996 by L.L. No. 1-1996]
F.
The euthanization of any dog seized by the Dog Control
Officer, peace officer or police officer as herein provided shall
be accomplished by approved humane methods. No dog seized hereunder
shall be sold or surrendered to any person, firm, organization or
institution for experimental use.
[Amended 4-30-1996 by L.L. No. 1-1996]
A.
Any Justice of the Town of Minden shall have jurisdiction
to hear all signed complaints, appearance tickets, uniform appearance
tickets or uniform appearance tickets and simplified information filed
as hereinafter provided and all actions and proceedings hereunder
and of all prosecutions for the violation of this article. Upon receipt
by such Justice of any complaint against the conduct of any particular
dog, such Justice shall summon the alleged owner or other person harboring
said dog to appear in person before him; if the summons or any appearance
ticket, uniform appearance ticket or uniform appearance ticket and
simplified information is disregarded, such Justice may permit the
filing of an information and issue a warrant for the arrest of such
person.
B.
A violation of this chapter, subject to such an election,
may be enforced by either of the following methods:
(1)
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or violating any section
of this article may file a signed complaint under oath with such Justice,
specifying the objectionable conduct of the dog, the date thereof,
the damage caused, a description of the dog and the name and residence,
if known, of the owner or other person harboring said dog.
(2)
The Dog Control Officer, peace officer or police officer
may issue pursuant to the Criminal Procedure Law an appearance ticket
or, in lieu thereof, a uniform appearance ticket and simplified information,
as provided in § 114 of the Agriculture and Markets Law,
for any violation of this article.
[Amended 4-30-1996 by L.L. No. 1-1996]
[Amended 4-30-1996 by L.L. No. 1-1996]
A violation of this article shall be deemed
an offense against the within Article and shall be punishable by a
fine not exceeding $250 or by imprisonment for not exceeding 15 days,
or both such fine and imprisonment. In addition to such penalties,
any owner may, upon conviction, be ordered to make restitution for
such damage or injury as may have resulted from such violation. Each
separate offense shall constitute a separate additional violation.
The provisions hereof are in addition to the regulations, restrictions,
requirements and penalties contained in Article 7 of the Agriculture
and Markets Law.
Each provision of this article shall be deemed
separate and independent of all others herein, and if any provision
shall be declared invalid, all other provisions hereof shall remain
valid and enforceable. In the event that any provision of this article
should conflict with any provision of the Agriculture and Markets
Law, then such provision of the Agriculture and Markets Law shall
control.
[Amended 4-30-1996 by L.L. No. 1-1996]
This article shall be effective only in the
geographical limits of the Village of Fort Plain, and the expenses
of the establishment, maintenance or utilization of pounds and the
compensation and expense of the Dog Control Officer shall be raised
by a tax on taxable real property in the Village of Fort Plain.
