[Adopted 6-24-1959 (Ch. 14 of the 1993 Code)]
As used and intended in this article and for
the purposes hereof, unless the context otherwise indicates, the following
words shall have the meanings indicated:
Any dog over the age of six months.
As applied to a dog shall mean that such animal is securely
confined or restrained and kept on the owner's premises, within either
a building, kennel or other suitable enclosure. If the animal is being
transported, it is to be securely confined in a crate or other container
or so restrained in a vehicle that it cannot escape therefrom.
Both male and female.
Any person or persons, firm, association or corporation who
or which at any time owns or has custody or control of or harbors
or is otherwise responsible for any dog which is kept, brought or
comes within the corporate limits of the Village of Phoenix, New York.
If the dog owner is not of legal age, the parent, guardian or other
adult person with whom the minor dog owner is staying or residing
will be held responsible.
Any dog or dogs harbored or kept by any person
on any premises owned or occupied in whole or in part by him or her
within the corporate limits of the Village of Phoenix, New York, shall
be cared for, maintained and handled in a manner which shall be sanitary
and which shall prevent noises such as barking, howling, fighting
or whining at any time which may disturb the peace, comfort and quiet
of the neighborhood.
No dog shall be permitted to run at large within
the corporate limits of the Village of Phoenix, New York. A dog shall
be determined to be at large if elsewhere than on the premises of
the owner or not accompanied by the owner or his or her agent having
said dog under his or her control at all times so as not to harm,
injure or destroy the person or property of another. Where a dog does
not readily obey commands by the owner or his or her agent, said dog
shall be leashed when off the owner's premises.
[Added 8-18-1998 by L.L. No. 2-1998]
The owner of any dog shall, by suitable means,
pick up any dog defecation immediately after such defecation and properly
dispose of the same when the dog is not on the owner's property within
the village.
A.Â
The owner of any dog which bites or attempts to bite
or otherwise attacks or causes injury to any person within the corporate
limits of the Village of Phoenix shall, immediately after having been
notified or having such knowledge of any such biting, attack or injury,
report the same to the Police Department, Village of Phoenix, and
cause the dog to be securely confined for a period of 10 days.
B.Â
Upon expiration of such ten-day period of confinement,
the owner shall, at his or her own cost and expense, cause said dog
to be examined by a competent veterinarian to be certain whether such
dog is free of disease and not rabid. The owner shall procure from
such examining veterinarian a certificate so stating. The owner shall
then file such certificate with the Chief of Police, Village of Phoenix,
who, if the dog is free of disease and not rabid, may, if such owner
shall have otherwise complied with the other ordinances of the Village
of Phoenix and state statutes pertaining to dogs, permit the release
of such dog from confinement.
[Amended 2-16-1999 by L.L. No. 1-1999]
Any dog found off the premises of the owner
in violation of any provisions of this article may be apprehended
and impounded by any peace officer or Dog Control Officer. If the
dog is tagged, notice shall be given forthwith to the owner of such
seizure. The owner may reclaim such dog upon procuring a license,
if unlicensed, and payment to the Village Clerk of the Village of
Phoenix of the impoundment fee as set forth in § 118 of
the Agriculture and Markets Law. Payment of this fee shall be in addition
to any penalty prescribed for the violation of this article. If said
dog is unclaimed it shall be dealt with in accordance with the provisions
of § 118 of the Agriculture and Markets Law. If said dog
is tagged but not reclaimed by the owner as aforesaid within 72 hours
after notice of seizure given as aforesaid, the dog shall be killed
or held by said peace officer or Dog Control Officer.
In the event of the sale of an unclaimed licensed
dog, the sale price of the dog shall be no less than the charges proposed
by the village for impounding and keeping the dog for the period to
date of completion of sale. Such transaction must be made by the purchaser
obtaining a dog license and paying full charges to the Village Clerk.
[Amended 2-16-1999 by L.L. No. 1-1999]
The impoundment fees and penalties established
in this article shall not apply to violations of the licensing provisions
of the Agriculture and Markets Law.
[Amended 2-16-1999 by L.L. No. 1-1999]
Violations of this article shall be subject
to the penalties provided in § 119, Subdivision 2(a), of
the Agriculture and Markets Law.
