[HISTORY: Adopted by the Board of Trustees of the Village
of Walden as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
[Adopted 10-9-1979 by L.L. No. 3-1979 as Section 16 of Art.
XII of Ch. VII of the Walden Village Code (Ch. 68, Art. II, of the
1982 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any dog of either sex and of any age.
Any person owning, harboring or keeping a dog within the
limits of the Village, and the parent, guardian or other adult person
with whom a minor dog owner resides.
To move about, over, across or upon any public or private
property, street, sidewalk, lane or place other than that of the owner.
A person who owns a dog or has a dog in his care, custody or
control shall restrain said dog at all times by a leash, rope, chain,
cage or motor vehicle while the dog is off the premises owned or occupied
by such person, whether or not the dog is tagged or licensed.
B.Â
The owner of any dog seized in accordance with the provisions of Subsection A above shall be liable to pay to the Village Clerk the following impoundment fees. In addition to such fees, the owner of any dog seized shall be liable for fees of $6 per day per dog per impoundment:
[Amended 11-14-1989 by L.L. No. 4-1989[2]]
(1)Â
Ten dollars for the first impoundment.
(2)Â
Twenty dollars for the first twenty-four hours or part thereof and
$3 for each additional twenty-four hours or part thereof for the second
impoundment, within one year of the first impoundment, of any dog
owned by that person; or
(3)Â
Thirty dollars for the first twenty-four hours or part thereof and
$3 for each additional twenty-four hours or part thereof for the third
and subsequent impoundments, within one year of the first impoundment,
of any dog owned by that person.
Notwithstanding any other provisions of law relating to the seizure of dogs cited hereinabove, a violation of § 94-2 shall constitute a violation pursuant to the Penal Law and shall be punishable by a fine of not more than $25 for the first violation, not more than $50 for the second violation, and not more than $100 for the third and every subsequent violation.
A.Â
In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation hereof 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 §§ 94-2 and 94-3 in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
B.Â
If a person charged with the violation admits to the violation as
charged in the appearance ticket, he may complete an appropriate form
authorized by this article, entering a plea of guilty thereby, and
forward such form and appearance ticket to the office specified on
such appearance ticket. A check or money order in the amount of the
penalty schedule appearing on the answer form must also be submitted with such answer.
C.Â
If the person charged with the violation denies part or all of the
violation as charged in the appearance ticket, he may complete an
appropriate form likewise prescribed for that purpose, entering a
plea of not guilty thereby, and forward such form and appearance ticket,
together with security in the amount of $15, to the office specified
on such appearance ticket. Upon receipt, such answer shall be entered
and a new return date established. Such person shall be notified by
return mail of the date and place of such return date, and the security
shall be returned upon appearance thereat. If a person shall fail
to appear at a return date when such is provided for pursuant to this
section, the security posted to secure such appearance shall be forfeited
and a summons or a warrant of arrest may be issued pursuant to the
Criminal Procedure Law.
D.Â
The form for answer by plea of guilty or not guilty shall include
a statement setting forth in substance the provisions of this section
of this article and the schedule of penalties that can be imposed
if a plea of guilty is entered. The form shall be approved as to form
and content by the Board of Trustees.
[Adopted 10-12-2004 by L.L. No. 3-2004 (Ch. 68, Art. III,
of the 1982 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any member of the species Canis familiaris.
To provide food and/or shelter to any dog.
Any person owning, harboring, keeping or in charge of any
dog, and the parent, guardian or other adult person with whom a minor
dog owner resides. The owner need not be a resident of the Village
of Walden but, for a violation to occur, the dog must be within the
Village limits.
All property within the Village boundaries which is not owned
by the Village, including, but not limited to, all residential and
commercial property and any common area of a condominium or homeowners'
association.
The Village of Walden.
Any property owned, occupied or controlled by the Village
of Walden, including, but not limited to, streets, sidewalks, parks,
parking lots, and rights-of-way. The areas between the sidewalk and
the street are part of the Village right-of-way.
Any person owning, harboring, keeping or in charge of any dog,
which dog has deposited its feces upon any Village property or upon
the property of another without the property owner's consent,
shall immediately remove such feces or cause it to be removed and
shall dispose of it in a sanitary manner. A person will be considered
to have disposed of feces in a sanitary manner if such person places
such material in a bag or wrapper made of paper, plastic or some similar
material and places it in a refuse container which is regularly emptied
by the Village or some other refuse collector or otherwise disposes
of such material on his or her own property.
Any person who violates this article shall be guilty of a violation
and, upon conviction, shall be subject to a fine of not less than
$75 nor more than $250 or 15 days in jail, or both. If any person
shall be found guilty of a second offense of this article within one
year of his first conviction for a violation of this article, such
person shall be subject to a fine of not less than $150 nor more than
$250 or 15 days in jail, or both. If any such person shall be found
guilty of a third offense of this article within one year of his first
conviction for a violation of this article, such person shall be subject
to a fine of $250 or 15 days in jail, or both.
