[Adopted 4-2-1981 by L.L. No. 1-1981]
The purpose of this article shall be to promote the health,
safety, morals and general welfare of the Village of Mount Morris,
including the protection and preservation of the property of the Village
and its inhabitants, and 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 Mount Morris and by imposing restrictions upon the
keeping and running at large of dogs within the Village of Mount Morris.
As used in this article, the following terms shall have the
meanings indicated:
A dog off the premises of the owner.
Any member of the species Canis familiaris, including both
male and female dogs, except where the context requires otherwise.
[Amended 12-1-1988 by L.L. No. 9-1988]
A dog is equipped with a collar of sufficient strength to
restrain the dog to which is attached a leash of sufficient strength
to restrain the dog, not more than eight feet long, which leash shall
be secured or 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, a hearing dog or a service dog trained
to aid a person with a disability, as such dogs are defined in § 108
of the Agriculture and Markets Law, shall be deemed a suitable leash
hereunder.
[Amended 12-1-1988 by L.L. No. 9-1988]
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 or other
head of the household where the minor resides.
A.
The owner of any dog shall be required to license said dog upon the
dog attaining the age of six months, in accordance with the Agriculture
and Markets Law of the State of New York. Said license shall be an
annual license, in accordance with the Agriculture and Markets Law
of the State of New York and rules and regulations as promulgated
by the Board of Trustees of the Village of Mount Morris, New York.
The owner of any dog shall be required to keep on each licensed dog
a suitable collar with the license securely attached. A dog at large
without a collar and license shall be presumed to be unlicensed.
B.
No person shall permit a dog owned by him to be at large within the
Village of Mount Morris unless restrained by a 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 person or when legally hunting in the company of
and under the control of a hunter or hunters upon the property of
another with the knowledge, consent and approval of the property owner.
C.
No dog, whether leashed or unleashed, shall be in any restaurant,
grocery or commercial establishment which sells food for human consumption,
except that a guide dog for the blind, a hearing dog or a service
dog trained to aid a person with a disability, as such dogs are defined
in § 108 of the Agriculture and Markets Law, may enter any
such premises if leading such a disabled person therein.
[Amended 12-1-1988 by L.L. No. 9-1988]
D.
No person shall keep or suffer to be kept 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, menaced or killed
any domestic animal, as defined in the Agriculture and Markets Law
of the State of New York, while such animal is in any place where
it may lawfully be.
E.
An owner of any dog shall not permit or suffer such dog to damage
or destroy property of any kind or to deposit waste on the property
of another person or that of the Village or other municipality.
[Amended 8-10-1995 by L.L. No. 5-1995]
F.
No person shall keep, suffer or permit to be kept on the premises
occupied by such person any dog which, by its continual barking, howling,
whining or other frequent or long-continued noises, shall unreasonably
disturb the comfort or repose of other persons.
G.
No owner of a dog shall permit the premises, structures or enclosures
in which such dog is kept to be unclean or unsanitary.
H.
No owner of a female dog shall permit such female dog to be off such
owner's premises while such female dog is in heat.
The Board of Trustees may from time to time appoint a Dog Control
Officer or Officers, a peace officer or other agents of the Village
of Mount Morris, as needed pursuant to the appropriate statutes of
the State of New York. It shall be the duty of any Dog Control Officer,
peace officer or other agent to enforce the provisions of this article,
as well as those of the Agriculture and Markets Law of the State of
New York, with respect to dogs in the Village of Mount Morris.
A.[1] Dogs contained in motor vehicles on public or private
property shall be considered in compliance with this section.
A.
It shall be the responsibility of any owner of any dog to comply
with any applicable Livingston County night quarantine on dogs, as
from time to time promulgated, by keeping said dogs confined between
the hours of sunset and one hour after sunrise on each and every day.
B.
A Dog Control Officer, peace officer or other agent as appointed
by the Board of Trustees shall seize any dog which is found at large
within the Village of Mount Morris 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 of the State of New York.
[1]
Editor's Note: The first paragraph of original Section
5, which immediately preceded this subsection and which duplicated
the provisions of Subsection C, was deleted 12-1-1988 by L.L. No.
9-1988.
A.
Every dog seized pursuant to this article or the provisions of the
Agriculture and Markets Law of the State of New York shall be immediately
taken by the Dog Control Officer or other peace officer or other agent
of the Village of Mount Morris to the shelter for dogs as established
by the Village of Mount Morris.
B.
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 of the State
of New York, both as to licensed and unlicensed dogs.
C.
In the event that the dog so seized bears a license tag, the Dog
Control Officer, peace officer or other agent shall ascertain the
owner of the dog and shall thereafter give immediate notice, in writing,
to the owner of such dog or to an adult member of said owner's
family stating that the dog has been seized and that the dog will
be destroyed or sold unless redeemed within the period hereinafter
provided.
D.
The owner of a dog seized bearing a license tag shall redeem said
dog within seven days after notice is given. The owner of a dog seized
bearing no license tag may redeem said dog within three days of the
date of receipt of notice, if possible, or the date of seizure, whichever
shall be greater.
[Amended 12-1-1988 by L.L. No. 9-1988; 8-10-1995 by L.L. No.
5-1995]
E.
The owner of any dog may redeem said dog within said applicable time
periods by paying to the Village Clerk of the Village of Mount Morris
a sum as shall be set from time to time by resolution of the Village
Board of Trustees.[1] for each day of retention plus any penalty imposed under
this article for a violation of this article.
[Amended 8-10-1995 by L.L. No. 5-1995; 9-9-2004 by L.L. No.
2-2004]
[1]
Editor's Note: The current fee resolution is on file
in the office of the Village Clerk.
F.
The owner of any dog so seized shall also be responsible to pay an
impoundment fee that shall be as set from time to time by resolution
of the Village Board of Trustees.
[2]
Editor's Note: This local law also renumbered former
Subsection F as Subsection G.
G.
If any dog so seized is not redeemed within the time period hereinbefore
set forth, the owner shall forfeit all title to said dog, and the
dog shall either be sold or destroyed by the Village in accordance
with the provisions of the Agriculture and Markets Law of the State
of New York.
A.
The Village Justice of the Village of Mount Morris shall have jurisdiction
to hear all signed complaints filed as hereinafter provided and all
actions and proceedings hereunder and all prosecutions for the violation
of this article. Upon receipt by the Village Justice of any complaint
against the conduct of any particular dog, the Village Justice shall
summon the alleged owner or other person harboring said dog to appear
in person before him. If the summons is disregarded, the Village Justice
may permit the filing of an information and issue a warrant for the
arrest of such owner or other person harboring said dog.
B.
The Dog Control Officer, peace officer or other agent of the Village
of Mount Morris 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 the
Village Justice of the Village of Mount Morris 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 alleged owner
or other person allegedly harboring said dog.
A violation of this article shall be deemed an offense against
the within article and shall be punishable by a fine not exceeding
$50 and not less than $5. Each separate offense shall constitute a
separate additional violation. The provisions hereof are in addition
to the regulations, restrictions, requirements and penalties as contained
in the Agriculture and Markets Law of the State of New York pertaining
to dogs.
