[HISTORY: Adopted by the Board of Trustees of the Village of Lowville: Art. I, 3-18-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
[Adopted 3-18-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law also repealed former L.L. No. 1-1974, adopted 9-3-1974
[Amended 3-7-2012 by L.L. No. 2-2012]
This article shall be entitled the "Dog Control Local Law."
[Amended 3-7-2012 by L.L. No. 2-2012]
It is determined by the Village Board of Trustees that the health, safety and welfare of persons and property in the Village will be promoted by restraining and controlled behavior of licensed and unlicensed dogs.
As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise, the following terms shall have the meanings indicated:
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by a municipality to assist in the enforcement of this article.
HARBOR
To provide feed or shelter to any dog.
OWNER
Any person who harbors or keeps any dog; any person who owns or has the right to custody or possession of any dog; any person who is in actual custody or control of a dog or who is otherwise responsible for a dog; or any person who is the head of a household within which a dog is harbored or kept where it is claimed that the dog is owned by a minor or any other person residing in such household.
PERSON
Any individual, corporation, partnership, association or other organized group of persons or other legal entity.
RUN AT LARGE
Being upon public or private lands without the consent of the landowner, and in the case of a dog, when not accompanied by the owner of such dog.
It shall be unlawful for any owner of a dog in the Village of Lowville to knowingly, recklessly or negligently allow such dog to:
A. 
Run at large.
B. 
Be on the lands of others for any purpose where permission of owner of such lands has been withheld.
C. 
Engage in habitual loud howling, barking or crying to such an extent that the animal disturbs or interferes with the peaceful living of any person.
D. 
Chase, jump on, menace or otherwise harass any person so as to cause fear of bodily harm or injury in such person. Such activity shall include the conduct of a dog while on the property of the owner of the dog or upon the property of another with the consent of the owner of such property where the person placed in fear is a pedestrian upon a path or walkway regularly used by the public for pedestrian traffic; provided, however, that this subsection shall not apply where the dog is confined upon the property of the owner of the dog.
E. 
Attack, chase, harass, molest, worry, injure or kill deer, cattle, horses, poultry or other domestic animals, including other dogs.
F. 
Commit a nuisance in any park, public building, store, parking lot, public sidewalk, or on any private property without the consent of the landowner. Nuisances shall be deemed to include, but not be limited to, frequent urination or defecation, digging, chewing or other destructive activity.
G. 
All dogs when in a public park shall be on a leash no more than six feet long and kept at least 30 feet away from children's playgrounds. Dog owners are responsible for immediately cleaning up after their dogs when walking their dog on any property which is not of their ownership. This includes public parks, sidewalks and land owned by another individual.
[Added 3-7-2012 by L.L. No. 2-2012; amended 7-20-2018 by L.L. No. 5-2018]
A. 
Any person who violates any provision of this article shall be guilty of a violation. For a first conviction thereof, such person shall be punished by a fine of not less than $25 and not more than $100. However, in the event of a violation in which knowledge by the owner is proven, a first conviction thereof shall be punished by a fine of not less than $50 and not more than $200.
B. 
For a conviction of a second violation within a period of 18 months of the conviction date of the first violation, such person shall be punished by a fine of not less than $50 and not more than $200, and/or imprisonment for not more than 15 days, or by both such fine and imprisonment. However, in the event of a second violation within a period of 18 months in which knowledge by the owner is proven, such person shall be punished by a fine of not less than $100 and not more than $300 and/or imprisonment for a period not exceeding 15 days or by both such fine and imprisonment.
C. 
For a conviction of a third or subsequent violation, all of which were committed within a period of 36 months, such person shall be punished by a fine of not less than $100 and not more than $300, or by imprisonment for not more than 30 days or by both such fine and imprisonment. However, in the event of a third or subsequent violation in which knowledge by the owner is proven, all of which were committed within a period of 36 months, such person shall be punished by a fine of not less than $150 or not more than $400, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
[1]
Editor’s Note: Former § 77-5, Kennel permit, was repealed 3-7-2012 by L.L. No. 2-2012. This local law also provided for the redesignation of former §§ 77-6 through 77-8 as §§ 77-5 through 77-7, respectively.
[Amended 3-7-2012 by L.L. No. 2-2012]
This article shall be enforced by a Dog Control Officer or peace officers or police officers authorized by the Laws of the State of New York to enforce local laws. Such Dog Control Officer shall have all of the powers and authority conferred upon such officers by Article XII of the Agriculture and Markets Law of the State of New York. As set forth by § 114 of the Agriculture and Markets Law, the Dog Control Officer shall have the power to issue an appearance ticket, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. Prior to issuance of an appearance ticket, the Dog Control Officer shall have reasonable cause to believe there has been a violation of this article, which reasonable cause may be satisfied by receipt of a signed written complaint by a person with direct knowledge or, alternatively, personal knowledge by the Dog Control Officer.
A. 
The provisions of § 77-5 regarding village kennel permits shall not apply for a period of one year after the effective date of this article to those persons who owner or harbor more than three dogs on the effective date of this article. However, upon the expiration of one year from the effective date of this article, the provisions of § 77-5 regarding village kennel permits shall be applicable to all owners and harborers of more than three dogs over the age of four months.
B. 
The provisions of this article shall not apply to a guide dogs, police work dogs, hearing dogs or service dogs, as such dogs are defined in § 108 of the Agriculture and Markets Law, while such dogs are carrying out their duties as such specialized dogs.
[Added 9-5-2012 by L.L. No. 7-2012]
A. 
Description of dangerous dog.
(1) 
A dangerous dog is one that:
(a) 
Has previously been classified as at-risk and exhibits aggressive behaviors that result in further complaints;
(b) 
Without provocation, inflicts serious injury on a human being;
(c) 
Menaces, maims, or kills domestic animals when off its owner's property;
(d) 
Is used in the commission of a crime, including but not limited to animal fighting, menacing, or guarding illegal operations.
(2) 
Notwithstanding the above, the Dog Control Officer or his representative shall have discretionary authority to refrain from filing charges against the dog or dog owner, even if the dog has engaged in the specified behaviors, if it can be determined that the behavior was:
(a) 
The result of the victim abusing or tormenting the dog;
(b) 
Directed toward a trespasser or a person committing or attempting to commit a crime; or
(c) 
Involved other similar mitigating or extenuating circumstances.
(3) 
"Dangerous dog" does not include a police work dog, while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
B. 
Procedure for classifying a dog as dangerous. The animal control officer or his representative shall investigate the circumstances of the complaint and notify the dog owner of the charge. If a dog has bitten someone, the Dog Control Officer may take the dog into custody for up to 48 hours at the owner's expense to protect the community while completing his investigation. The officer will then report the results of the investigation to a magistrate or other court officer and to the dog owner. If the court officer deems the dog to be potentially dangerous, the dog owner has the option of filing an appeal with the animal control officer or accepting the designation. Depending on the circumstances, the dog may be impounded at owner's expense pending disposition of the case.
C. 
Sanctions for owning a dangerous dog. A dangerous dog may be returned to the owner or may be destroyed depending on the outcome of the investigation. If the dog is returned to the owner, it must be microchipped, and confined in a locked pen with a top when not in a home or other building, and restricted by a sturdy leash no longer than four feet long and muzzled when in public. Photos of the dog must be filed with the animal control agency. The owner must provide proof of a liability insurance policy in an amount determined by the court, but in no event in excess of $100,000. Depending on the outcome of the investigation, the court may require a behavioral evaluation of the dog and sentence the owner to attend a responsible owner class.
D. 
Confinement of dangerous dogs. Dogs that have been adjudicated as dangerous must be confined behind a locked fence of sufficient height and materials to securely contain the dog and prevent trespass. Confinement must be sufficient to prevent children from coming into contact with the dog. When off the owner's property, a dangerous dog must be restricted by a leash of no more than four feet in length, must be under control of a legally responsible person, and will be required to wear a muzzle. Owners must also purchase liability insurance in an amount specified by law.
E. 
Transporting dangerous dogs. Dogs that have been adjudicated as dangerous must be confined in a crate in a closed, locked vehicle to prevent opportunities for escape and in a manner sufficient to prevent children from coming into contact with the dog through an open window in the vehicle.
F. 
Additional incidents. Additional incidents sufficient to identify the dog as dangerous will result in the humane euthanization of the dog and additional penalties for the owner.
G. 
Penalties for dangerous dogs running at large. Any owner or person who has custody and/or control of a dangerous dog (hereinafter, "owner") that commits acts which classify it as dangerous shall be guilty of an offense and subject to the following penalties:
(1) 
If the dog is found to be dangerous, the Court may either return it to the owner under the circumstances outlined in this law or order the dog to be impounded and euthanized at the expense of the owner.
(2) 
A dog previously classified as dangerous which is later to be found running at large, but without repeating the dangerous behavior, may be returned to its owner at the direction of the Animal Control Officer or the Court after reviewing the case and the inspection of the confinement facilities for the dog at the owner's residence.
(3) 
Additionally, an owner of a dog found to be dangerous is subject the following potential penalties:
(a) 
Upon conviction of a first offense, by a fine of not less than $150 nor more than $1,500 and/or imprisonment not to exceed 10 days.
(b) 
Upon conviction of a second offense or subsequent offense for the same animal, the owner shall be deemed guilty of an unclassified misdemeanor punishable by a fine of not less than $250 nor more than $3,000 and/or imprisonment not to exceed 15 days.
(c) 
A single act that violates more than one provision of this section shall be treated as a single conviction for the purpose of sentencing.
(d) 
If the violation of the dangerous dog law results in serious bodily injury, the Court has the ability to order restitution.
[Adopted 9-16-2015 by L.L. No. 8-2015]
As used in this article, the following terms shall have the meanings indicated:
DOMESTICATED ANIMALS
Is defined to include, but not be limited to, horses, ponies, donkeys, mules, cows, llamas, alpacas, pigs, goats, sheep and poultry such as geese, ducks, chickens, roosters, turkeys, pigeons or any flocks of the same. The definition shall not include dogs and cats.
The harboring or keeping or owning of domesticated animals on properties within the Village of Lowville is prohibited except in compliance with Chapter 77, Article II, of the Village Code.
Domestic animals as referenced above may be kept within the Village of Lowville as an accessory use for personal use and enjoyment only provided that:
A. 
They are kept fenced or penned in at all times.
B. 
The fences or penned-in areas are setback at least 15 feet from all property lines and no closer to the road than the rear line of the residence.
C. 
All animal waste must be properly disposed of off site and be kept away from all property or street lines. Disposal off-site shall be no less frequent than weekly.
D. 
No crowing animals such as roosters shall be allowed within Village limits.
E. 
Odors from animals shall be controlled so as not to be noticeable in any roadway, sidewalk or neighboring property.
F. 
Animals are to be kept from making excessive noise so that the noise level at the property line does not exceed more than five decibels over ambient noise levels.
G. 
There shall be no more than 10 poultry on a lot. For all other domesticated animals, there must be three acres per animal.
For any person owning domesticated animals preexisting, this article is permitted to continue their existing use. If such use is discontinued for a period of 12 consecutive months, it may not be reinstituted except in compliance with this article.
Any person violating Chapter 77, Article II, being found guilty of such violation, the Court may impose a penalty of no less than $50 and no more than $250 for a first offense or a minimum fine of $100 with a maximum fine of $250 for a second or subsequent offense within a one-year period. Each week that an offense continues will be considered a separate offense. In appropriate cases, the Village may also seek injunctive relief from a Court of competent jurisdiction.