[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy as indicted in article histories. Amendments noted where applicable.]
[Adopted 7-11-1977 by L.L. No. 3-1977]
The purpose of this article shall be to promote the health, safety, morals and general welfare of the Village of LeRoy, including the protection and preservation of the property of the village and its inhabitants and 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 LeRoy and by imposing restriction upon the keeping and running at large of dogs within the Village of LeRoy.
No person owning, keeping, harboring or having the care, custody and/or control of any dog shall permit such dog to be at large in the Village of LeRoy, New York, unless under a leash not exceeding eight feet in length, other than when on the premises of the person owning, keeping, harboring, having the custody and/or control of such dog or upon the premises of another with the knowledge, consent and approval of the owner of such premises.
No person shall own, keep, harbor or permit to be kept on the premises of such person any dog which, by its continual barking, howling or whining or other frequent or long-continued noises, shall disturb the comfort or repose of any person.
No person owning, keeping, harboring or having the care, custody and/or control of any dog shall suffer, permit or allow such dog to defecate on any park, church yard or premises or schoolyard or premises or any other public or private property, except the private property owned, leased or otherwise occupied by such person. Such person shall be responsible to clean up any such defecation of any dog so owned, kept or controlled by him or her and, upon conviction for failure to do so, shall be punishable under § 60-4 below. If such dog at the time of such defecation is not under the control of any responsible person, the licensed owner thereof shall be legally presumed to be responsible for such violation.
[Amended 6-8-1994 by L.L. No. 2-1994]
Any dog owned by a child under the age of 16 years shall be deemed for the purposes of this article to be in the custody and/or control of the head of the household in which the child resides.
Any dog warden, police officer or other peace officer shall seize any dog which is found in violation of § 60-2A, of this article and shall cause the dog to be deposited at the place or facility designated by the Board of Trustees for the care and feeding of such dogs while restrained.
The officer seizing any dog pursuant to this article shall forthwith report such seizure to the Police Department which shall keep a record of the name of the officer, the time and date of such seizure, a description of the dog and license tag number, if any, and of the destruction or disposition of the dog thereafter.
If the dog seized bears a license tag, the officer seizing such dog shall ascertain the name of the owner and shall give immediate notice to such owner by personally serving upon him, or upon an adult member of his family, notice in writing stating that the dog has been seized and will be destroyed unless redeemed within the period herein provided.
The owner of a dog so seized may redeem the dog within seven days, except that the owner of a dog bearing a license tag may redeem the dog within 12 days by paying to the Village Clerk the sum of $15 as the cost of seizure and in addition thereto the cost of feeding and caring for such dog for a first violation: or by paying the sum of $20 as the cost of seizure and in addition thereto the cost of feeding and caring for such dog for a second violation hereof by such owner within a period of six months; or by paying the sum of $25 as the cost of seizure and in addition thereto the cost of feeding and caring for such dog for a third or subsequent violation hereof by such owner within a period of six months.
If any dog so seized is not redeemed within the time as before set forth, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed.
A violation of this article shall be deemed an offense and shall be punishable by a fine not exceeding $50. An appearance ticket, pursuant to the Criminal Procedure Law, may be issued for any violation of this article, and an answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in Subdivisions 2(b) and (c) of § 124 of the Agriculture and Markets Law of the State of New York in lieu of personal appearance on the return date at the time and place specified in said appearance ticket.
[Adopted 8-9-1995 by L.L. No. 5-1995]
As used in this article, the following terms shall have the meanings indicated:
- Its usual and normal meaning and shall include offering to said geese for their consumption items which are not digestible by the geese.
- PUBLIC AREAS
- Any village park, public thoroughfare, parking lot or other open space available and open to the public, specifically including herein the bank of Oatka Creek and any other stream or watercourse within the village.
- WILD GEESE
- Any geese initially not domesticated and initially coming into the village in their wild state, including those that become tame or domesticated after their arrival within the village.
It shall be unlawful for any person to feed wild geese in public areas within the Village of LeRoy.
Violation of this article shall be treated as an offense and shall be punishable by a fine not to exceed $100.