[L.L. No. 1-1975, § 1]
Whenever in this article the following terms are used they shall
have the meanings respectively ascribed to them in this section:
Any dog which is unleashed and unconfined within its owner's
premises or, even if leashed, is unaccompanied by a person having
control over such animal.
Any person, as that term is herein defined, who owns, keeps
or harbors a dog.
Any natural person of either sex, corporation, partnership,
association, joint-stock company, society and other legal entity of
any kind capable of being sued, whether acting by itself or by servant,
agent or employee. The singular number shall include the plural.
[L.L. No. 1-1975, § 2]
No person being the owner, harboring or having custody and control
of any dog shall permit or allow such dog to run or be at large in
the streets or on the walks or public grounds of the Village, unless
effectively restrained by a chain or leash not exceeding six feet
in length, by a competent person, except when on the premises of the
owner or on the premises of another person with the knowledge and
assent of such other person.
[L.L. No. 1-1975, § 3]
Proof of the running or being at large of a dog, contrary to
the provisions of this article, shall be presumptive evidence that
the person in whose name such dog is registered and/or the person
who harbors such dog is the person who permitted or allowed such dog
to run or be at large.
[L.L. No. 1-1975, § 4; L.L. No. 7-1975, §§ 1,
2]
(a)
Prohibited. Any person who owns, harbors or keeps a dog shall have
the duty and responsibility of exercising and maintaining such care
and control over such dog as will prevent the dog from becoming a
nuisance as defined below, and failure to exercise and maintain such
care and control shall be unlawful.
(b)
Defined. A dog shall become and constitute a nuisance whenever it
shall, within the Village:
(1)
Injure or threaten injury to a person elsewhere than on the premises
where its owner, harborer or keeper resides.
(2)
Injure property, including lawns, flowers, shrubs or trees, or interfere
with garbage receptacles, elsewhere than on the premises where its
owner, harborer or keeper resides, provided that there has been prior
complaint to the owner, harborer or keeper of the dog of acts producing
similar injury or interference by the dog.
(3)
Be present in any commercial or public establishment without the
consent or permission of the owner or person in charge of such establishment,
except that no dog shall be allowed in an area of a food plant or
any other establishment where food is served, stored, manufactured,
processed, packaged, labeled or otherwise held.
(4)
Habitually chase or run at persons, motor vehicles, motorcycles or
bicycles upon any of the public streets, highways or parkways or in
any public place.
(5)
Habitually or in a prolonged manner bark, whine or howl so as to
disturb the safety, health welfare, and peace and quiet of the neighborhood
at any time of the day or at night.
(6)
Defecate upon any sidewalk of any public street, which includes that
part of the highway between the sidewalk and the curbline; park, public
square or place in the Village; or upon any multiple residence or
the floor, wall, stairway, courtyard area or other such facility thereof;
or upon the fences, grounds or facilities of any premises; or upon
any building used in common by the public or abutting on a public
street, park, public square or place, or the walls, floors, stairways
or other public facility thereof; nor shall any person fail to take
the reasonable proper precautions to prevent any such dog from defecating
in, on or upon any of the places or premises herein specified.
(7)
Be present in any public playground, recreation area or park and
all other outdoor places of public assembly.
[L.L. No. 1-1975, § 6; L.L. No. 7-1975, §§ 3
— 5; L.L. No. 1-1991, § 1]
(a)
Any police officer of the Village or a representative of a humane
society which shall have been retained by the Village to control dogs
shall, under the following circumstances, apprehend and impound dogs:
(2)
When found tied or fastened to any public tree, hedge, post or other
structure in such a manner which would cause the police officer or
humane society representative to believe the dog has been abandoned
or when not removed by the owner upon request of the officer or humane
society representative.
(b)
Any animal impounded under the provisions of this section shall be
properly cared for and fed by the Village and its agent. If the dog
seized bears a license tag, the officer or representative of the Village
shall ascertain the owner of the dog and shall give immediate notice
by serving such owner or an adult member of his family with a notice,
in writing, stating that the dog has been seized and must be redeemed
within 12 days by paying to the Village Clerk the sum of $25 as the
cost of seizure incurred by the Village or its agent with respect
to the custody and care of the animal.
[L.L. No. 1-1975, § 7; L.L. No. 4-1991, § 2;
L.L. No. 4-1996, § 1; L.L. No. 1-2011, § 1]
Except as provided in § 118 of the Agriculture and
Markets Law, any person violating any of the provisions of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment.
[L.L. No. 3-1985; L.L. No. 1-1991, § 2; L.L. No.
1-2011, § 2]
(a)
In addition to any licensing fees imposed by the state pursuant to
the Agriculture and Markets Law of the state, any resident of the
Village owning a dog or dogs shall apply for individual licenses for
any such animal from the Clerk of the Town of Eastchester.
(b)
The seizure, redemption, fees and disposal of dogs pursuant to this
article shall be governed by Article 7 of the Agriculture and Markets
Law.
