No person shall keep cattle, sheep, goats or swine within the
corporate limits of the Village of Wolcott without a special permit
from the Village Health Officer providing for the conditions under
which such animals may be kept.
No slaughterhouse shall be erected, used or maintained within
said Village, or any cattle or food animals slaughtered within the
Village limits, unless a permit is obtained from the Health Officer.
Any such permit so issued may be revoked at any time.
Any persons violating this article shall be punishable for the
first offense by a fine not exceeding $25 or by imprisonment in the
Wayne County Jail for 25 days, or both, and for a second or subsequent
offense by a fine not exceeding $50 or by imprisonment in the Wayne
County Jail for 50 days, or both.
[Adopted 4-7-1992 by L.L. No. 1-1992]
This article shall be known as "L.L. No. 1-1992, a Local Law
Providing for the Regulation of Dogs in the Village of Wolcott, New
York."
The purposes of this article shall be to preserve the public
peace and good order in the Village of Wolcott and to contribute to
the public welfare, safety and good order of its people by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of all citizens of the Village of Wolcott.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
An unleashed dog off the premises of the owner.
DOGS
Includes male, female or neutered dogs.
DOG WARDEN
A person or persons appointed by the Village of Wolcott for
the purpose of enforcing this article, and for the purposes of this
article such a dog warden is a constable and thereby a peace officer
under § 2.10 of the Criminal Procedure Law. The dog warden
is also the dog control officer under Article 7 of the Agriculture
and Markets Law.
LEASHED
The dog is equipped with a collar or harness to which is
attached a leash, both collar or harness and the leash to be of sufficient
strength to restrain the dog, and which leash shall be held by a person
having the ability to control and restrain the dog, by means of the
collar or harness and the leash.
OWNER
Includes any person who owns, keeps, 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 parents or other heads of household
where the minor resides. Any person harboring a dog for a period of
two years or more prior to the filing of any complaint charging a
violation of this article shall be held and deemed to be the owner
of the dog for the purpose of this article.
UNDER VOICE CONTROL
The dog is not more than 40 feet distance from the person
in control, and the dog has been fully trained to obey commands of
said person to "heel."
The Dog Warden or any peace officer is hereby authorized to
seize or direct the confinement of any dog which is reported to have
attacked or injured a human being. Any such dog shall be confined
by the owner for such length of time as may be necessary for the purpose
of determining whether such dog is affected by rabies and if so affected,
it may be disposed of in accordance with the laws of New York State.
The owner of such dog shall, upon demand, deliver the possession of
such dog to the Dog Warden, or any officer authorized to seize the
same, and shall, upon demand, pay to the Village of Wolcott the cost
of confinement and treatment of the dog.
Any peace officer, or the Dog Warden of the Village of Wolcott,
shall seize any dog found at large not wearing the license tag required
by Article 7 of the Agriculture and Markets Law of the State of New
York, and will attempt to ascertain the owner and notify same by posting
a description of the dog at the Village Clerk's office.
Any Justice of the Village of Wolcott shall have jurisdiction
to hear all complaints under this article and all actions and proceedings
hereunder, and all prosecutions for the violations of this order.
It shall be the duty of the Dog Warden to enforce the provisions
of this article with discretion and to seize all dogs found at large
in violation of this article, or which are ordered seized by a Village
Justice in the Village of Wolcott. The Dog Warden also shall enforce
the provisions of Article 7 of the Agriculture and Markets Law and
shall have all powers granted to dog control officers under that article.
The violation of this article shall be deemed an offense against
the within local law, and a violation of this article shall be punishable
by a fine not exceeding $100, or by imprisonment for not exceeding
30 days, or by both such fine and imprisonment. 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
and may be enforced through the Criminal Procedure Law and Uniform
Justice Court Act.
This article is adopted in conformity with the powers granted
to the Village by Article IX of the New York State Constitution and
the Municipal Home Rule Law of New York State.