[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 7-25-1983 by L.L. No. 2-1983; amended in its entirety 7-19-2010 by L.L. No. 1-2010. Subsequent amendments noted where applicable.]
The Village of Cornwall-on-Hudson, New York, finds that the running at large and other uncontrolled behavior of animals has caused physical harm to persons, damage to property, and impairment of the public health and created nuisances within the Village. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the harboring of animals and the seizure of same within the Village.
This chapter is enacted pursuant to the provisions of § 122 of Article 7 of the Agriculture and Markets Law.
This title of this chapter shall be the "Animal Control Ordinance of the Village of Cornwall-on-Hudson" and shall apply to the entire Village of Cornwall-on-Hudson.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- A dog, cat or a companion animal, as defined in this section.
- ANIMAL CONTROL OFFICER
- Any person or persons appointed by the Village, or by the Town of Cornwall, or by any other municipality, or by an authorized humane society or protective association with which the Village contracts for services, for the purposes of enforcing this chapter and Article 7 of the Agriculture and Markets Law.
- ANIMAL HOUSE
- An enclosed shelter providing protection from the elements for an animal.
- ANIMAL SHELTER
- An establishment for the confinement of animals seized either under the provisions of this chapter or otherwise.
- AT LARGE
- Any unleashed animal off the premises of the owner and on or in a public place or private property not owned or leased by the owner of the animal, unless permission for such presence has been obtained. No animal shall be deemed "at large" if it is:
- Both male and female cats and shall include the singular and plural.
- COMPANION ANIMAL
- Any domesticated animal, other than a dog or a cat, harbored in the household or on the residential premises of the owner of such companion animal, and shall include the singular and the plural. For purposes of this chapter, an animal is S presumed domesticated if it is harbored in or near the household or on the residential premises of its owner, without regard as to whether the species to which said animal belongs is generally accepted as being domesticated.
- Both male and female dogs and shall include the singular and plural.
- GUARD DOG
- Any dog trained or exclusively used for the purpose of protecting people, property or businesses.
- To provide food or shelter to any animal.
- IDENTIFIED ANIMAL
- Any animal which an Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer knows, or has a reasonable basis to believe he or she knows, the identity of said animal's owner.
- Restrained by a leash of any type attached to a collar or harness of sufficient strength to restrain the animal and which shall be held by a person having the ability to control the animal.
- Any person having a right of property in, or who harbors, an animal.
- A. A dog belonging to any of the following breeds or possessing any of the characteristics' of such breeds as such breeds and characteristics are defined by the American Kennel Club:
- B. As well as any dog which has the appearance, characteristics or ancestry of being predominantly of at least one of the above-stated breeds and/or any other breed commonly known as "pit bulls," "pit bull dogs" or "pit bull tethers" or a combination of any of these breeds.
- PRIVATE PROPERTY
- Includes all areas within the Village, both indoors and outdoors, which are not Public Places and shall include the singular and plural.
- PUBLIC PLACE
- Includes all areas within the Village, both indoors and outdoors, which are owned, leased and otherwise controlled by any government entity and shall include the singular and plural.
- SERIOUS PHYSICAL INJURY
- Physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function or any bodily organ or part.
- UNIDENTIFIED ANIMAL
- Any animal which an Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer does not know, or lacks a reasonable basis to believe he or she knows, the identity of said animal's owner.
- The Village of Cornwall-on-Hudson, County of Orange, State of New York.
It shall be a violation of this chapter for any owner of any animal to permit or allow such animal to:
Be at large, provided that an animal leashed by leash retractable to no more than six feet in length and in charge and continuously under the control of a responsible person shall not be considered at large if said animal is present in a public place or on private property and permission for such presence has been obtained or granted. Any animal not leashed that is found off the owner's premises may be seized by any Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer. Proof that an animal has been in a public place or on private property without being leashed will be prima facie evidence of a violation of this chapter by the owner of said animal. Any animal leashed by a leash not in continuous control of a person shall be leashed so as to not go nearer than 15 feet from any unfenced perimeter property line of the owner. Any animal not so restrained on the owner's premises or found off the owner's premises shall be subject to seizure.
Engage in habitual loud barking or howling or to conduct itself in such a manner so as to produce an unreasonable noise or noise of a type or volume that a reasonable person under the circumstances would find offensive.
Cause damage or destruction to property of a person other than the person owning such animal or commit a nuisance by defecating and/or urinating in a public place or on private property of a person other than the person owning said animal, provided that it shall not be a violation of this chapter for an animal to defecate or urinate in an outdoor public place if said animal is leashed at the time and the person who is in continuous control of said animal immediately removes any fecal waste deposited by said animal before leaving the vicinity and properly disposes of said waste.
Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation, whether leashed or otherwise, or to put such a person in reasonable apprehension of serious physical injury.
Habitually chase, leap on or otherwise harass either powered or unpowered vehicles.
Kill or injure any other animal.
Be a dog over six months of age and not be vaccinated against the rabies virus.
Persons or business entities owning a guard dog must post on all gates and entrances to the property and post in other conspicuous places signs which specifically state there is a guard dog on the premises. Failure to comply with this subsection shall be a violation of this chapter.
Persons or business entities harboring a pit bull must post on all gates and entrances to the property and post in other conspicuous places signs which specifically state as follows: "WARNING: PIT BULL ON PREMISES." Failure to comply with this subsection shall be a violation of this chapter.
It shall be a violation of this chapter for any owner of any animal to permit or allow the premises, structures or enclosures in which such animal is kept to be unclean or unsanitary.
Animals that are kept outdoors, either unleashed or not under the direct control of the owner, for more than 12 consecutive hours, shall be provided with an animal house constructed of wood and having three sides, a floor and a roof. The front of the animal house shall be constructed with an opening of sufficient size as to allow the animal to enter but shall not be completely open. During the winter months, said animal house shall be provided with hay or other material, to be placed inside said animal house, which material shall be replaced as needed. An animal house shall be provided for each animal that is at the animal owner's residence. Failure to comply with this subsection shall be a violation of this chapter.
It shall be a violation of this chapter for any owner of any animal under the age of six months to be kept outdoors during the winter months on a permanent basis.
It shall be a violation of this chapter for any person to breed or attempt to breed or aid or abet the breeding of any animal in any public place or on private property not entirely enclosed and completely screened from observation by those without the enclosure. Any female dog that is in season (heat) shall not be left outdoors unattended unless said dog is leashed or in a fenced-in area so as to prevent said dog from being loose and also to prevent any male dog from gaining access to said female dog while in season.
No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation or in such a way as to subject the animal to temperatures sufficiently above the surrounding atmosphere which would affect the animal's health and welfare. If an Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer deems such an animal to be in distress, it may be removed from said vehicle to prevent further risk to its health. Failure to comply with this subsection shall be a violation of this chapter.
No dog or any other animal shall be transported on any public thoroughfare in any external part of any automobile or truck unless such dog or animal is totally enclosed within such vehicle, within a secured container carried upon the vehicle or securely cross-tethered to such vehicle in such a way as to prevent falling out of or off such vehicle and to prevent injury to the animal. No dog or any animal shall be transported in the trunk of any vehicle. Failure to comply with this subsection shall be a violation of this chapter.
Any dog which shall be in or upon any public place or which shall be at large in violation of this chapter may be taken into custody and impounded and thereafter redeemed, adopted or destroyed in accordance with the procedure set forth.
After any such seizure and impounding, the owner of an identified animal may be notified thereof. The animal so seized and impounded shall be held for a period of from five to 10 days. The owner of said animal may redeem the animal by producing a license or otherwise providing proof that said owner has a right of property in said animal and by paying a redemption fee as established in § 69-7E below and all other costs incurred by the Village for the seizure and impounding of, and provision of shelter and food to, said animal while in custody. Upon the seizure of an identified animal, the owner of such animal shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of seven days after the day of notice, during which period the animal may be redeemed by the owner. If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner.
If any animal impounded is not redeemed as provided in this section, any licensed veterinarian designated for the purpose may euthanize such animal.
If any unidentified animal is not redeemed by its owner after five days, said animal may be available for adoption by any responsible or proper person upon purchase of a dog license, if applicable, and payment of adoption Tees as established in § 69-7E below. If any identified animal is not redeemed by its owner after either seven or 10 days, as applicable, said dog may be available for adoption by any responsible or proper person upon purchase of a dog license and payment of adoption fees.
The Village Board may set and determine, by resolution, any and all fees to be collected for the costs associated with the care of animals impounded pursuant to this chapter, to include, but not limited to, costs of boarding, veterinary care and rabies vaccination.
All impoundment fees shall be the property of the Village and shall be used only for controlling animals and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of animals.
The Village Board may set and determine, by resolution, any and all fees to be collected for the costs associated with the adoption of animals impounded pursuant to this chapter.
All adoption fees shall be the property of the Village and shall be used only for controlling animals and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of animals.
Any person who violates this chapter or knowingly permits the violation of this chapter or any of its provisions or who shall molest, obstruct or interfere with any Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer while engaged in the enforcement of this chapter shall be deemed to have committed an offense against this chapter, and any person convicted of any such violation shall be liable for the following fines, penalties and/or imprisonment:
Any person convicted of a violation of this chapter shall forfeit and pay as a civil penalty $50 for a first violation, $100 for a second violation committed within a five-year period of the first violation, and $100 for each violation thereafter committed within five years of the first violation.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be deemed to have committed an offense against this chapter and shall be punishable by a fine not exceeding $100.
The imposition of any penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within 24 hours of the issuance of such citation or accusatory instrument to the violator. Each day that prohibited conditions exist shall constitute a separate offense.
In the event that any person is guilty of a second or subsequent violation of the same or any other provision of this article, in addition to any other penalties which may be imposed, the animal in question, even if such animal was not the subject of the prior violation or violations, may be confiscated by the Village and then destroyed, in accord with the provisions of § 69-7.
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. The Village shall have the right to recover from the owner, proprietor or other person(s) responsible for any animals or premises the cost to the Village of correcting or removing such conditions. In the event the person(s) responsible fail to reimburse the Village for its costs, the Village may relevy such costs as a tax upon the real property where such conditions existed and may thereafter enforce the collection of same as provided by law for the collection of taxes.
Any person who observes an animal in violation of this chapter may file a deposition or complaint under oath with the Justice of the Town of Cornwall, or any Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer, specifying the nature of the violation, the date thereof, a description of the animal and the name and residence, if known, of the owner of such animal. Such deposition or complaint may save as the basis for enforcing the provisions of this chapter.
Any Animal Control Officer, peace officer, when acting pursuant to the officer's special duties, or Village police officer, upon obtaining a written deposition or complaint under § 69-9 above, observing or having reasonable suspicion to believe that a violation of this chapter has occurred, may, in his or her discretion, issue and save upon such person, pursuant to the New York Criminal Procedure Law, an appearance ticket or, in lieu thereof, a uniform appearance ticket or, in lieu thereof, a uniform appearance ticket and simplified information as provided for in Agriculture and Markets Law § 113 for such violation.
In case of violation of § 69-6A, B, C or D above or § 118, Subdivision 1(a), of the Agriculture and Markets Law, an order to remedy the violation will be saved along with an appearance ticket, or uniform appearance ticket or uniform appearance ticket and simplified information. The owner of said animal will be given seven days in which to remedy the violation. An additional appearance ticket, uniform appearance ticket or uniform appearance ticket and simplified information may be issued after this seven-day period if the violation still exists, and additional appearance tickets, uniform appearance tickets or uniform appearance tickets and simplified informations may be issued accordingly until the violation is corrected.
This article shall supersede any inconsistent provisions of Article 7 of the Agriculture and Markets Law, except as otherwise prohibited under Agriculture and Markets Law § 122, Subdivision 1.