Village of Red Hook, NY Chapter 80 Animals

[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 5-10-1980 by L.L. No. 1-1980]

§ 80-1 Purpose.

The Village Board of the Village of Red Hook finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and has created nuisances within the Village. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Village.

§ 80-2 Authority.

This article is enacted pursuant to provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.

§ 80-3 Title.

The title of this article shall be the "Dog Control Law of the Village of Red Hook."

§ 80-4 Definitions.

As used in this article, the following words shall have the following respective meanings:

DOG

Male and female, licensed and unlicensed, members of the species Canis Familiaris.

DOG CONTROL OFFICER

Any individual appointed by a municipality to assist in the enforcement of Article 7 of the Agriculture and Markets Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of Article 7 of the Agriculture and Markets Law.[1]

OWNER

The person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog, unless the dog is or has been lost and such loss was promptly reported to the Village Dog Control Officer and a reasonable search been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the Village. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event that the owner of any dog found to be in violation of this article shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this article.

RUN AT LARGE

Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to run at large if it is:

A. A guide dog actually leading a blind person;

B. A police work dog in use for police work; or

C. Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.

VILLAGE

The Village of Red Hook.

[1] Editor's Note: The former definition of "domestic animal," which immediately followed this definition, was deleted 1-20-1999 by L.L. No. 1-1999.

§ 80-5 Restrictions.

It shall be unlawful for any owner of any dog in the Village to permit or allow such dog to:

A. Run at large.

B. Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.

C. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof.

D. Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.

E. Habitually chase, run along side of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place or upon private property without the consent or approval of the owner of such property.

F. Create a nuisance by digging on public property or on private property without the consent or approval of the owner of such property.

[Amended 1-20-1999 by L.L. No. 1-1999]

G. If a female dog when in heat, be off the owner's premises unrestrained by a leash.

H. Kill, injure or harass domestic animals or other dogs or cats.

§ 80-6 Seizure; impoundment; disposition.

The procedure for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and this article is as follows:

A. The Dog Control Officer or any peace officer shall seize any unlicensed dog, whether on or off the owner's premises; any dog not wearing a tag, not identified and which is not on the owner's premises and may seize any dog found in violation of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Control Officer or peace officer shall also investigate and report to a Town Justice of the Town of Red Hook or a Village Justice of the Village of Red Hook any dangerous dog as described in Article 7 of the Agriculture and Markets Law and see that the order of the Town or Village Justice in such case is carried out.

B. The Dog Control Officer or a peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.

C. Any person who observes a dog in violation of this article may file a complaint under oath with a justice of the Town or Village of Red Hook specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.

§ 80-7 Penalties for offenses.

Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days.

Article II Curbing of Dogs

[Adopted 4-6-1992 by L.L. No. 2-1992]

§ 80-8 Removal of feces required.

Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, play area, park or any place where people congregate or walk or upon any private property, without the permission of the owner of said property, shall immediately remove all feces deposited by any such dog, in a sanitary manner.

§ 80-9 Disposal of feces.

The feces removal from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container.

§ 80-10 Exception for guide dogs.

The provisions of this article shall not apply to blind persons who may use dogs as guides.

§ 80-11 Penalties for offenses.

[Amended 1-20-1999 by L.L. No. 1-1999]

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.

§ 80-12 Deposition in storm or sanitary drains and sewers prohibited.

In no event shall feces be deposited in drains or sewers, whether storm or sanitary.