[HISTORY: Adopted by the Board of Trustees of the Village
of Celoron as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-28-1983 by L.L. No. 3-1983; amended in its entirety 8-24-2009 by L.L. No.
4-2009 (Ch. 7 of the 1966 Code)]
It appearing that dogs in the Village of Celoron have, in some
instances, been allowed to cause annoyance and damage to the person
and properties of others and it appearing further that dogs properly
cared for serve a useful purpose, the Village of Celoron enacts the
following article to preserve the relationship between a dog and his
master and, at the same time, to protect the health, safety and property
of others from annoyance and damage caused by dogs.[1]
[1]
Editor's Note: Original § 7-2, Title, of the 1966
Code, which immediately followed this section, was repealed 12-9-2013
by L.L. No. 4-2013.
As used in this article, the following words shall have the
following respective meanings:
The person authorized by the Village Board of Trustees from
time to time, by resolution, to enforce the provisions of this article,
having all of the powers of a constable or other peace officer in
the execution of the provisions of this article, including the service
of a summons, the service of an appearance ticket pursuant to and
in accordance with the Agriculture and Markets Law of the State of
New York, regulations as established by the Department of Environmental
Conservation, county law, this chapter and the service and execution
of any other order or process, notwithstanding any provisions of the
Uniform Justice Court Act. The Animal Control Officer shall be authorized
and required to take all steps necessary and appropriate to prevent
and to limit disturbance of the peace, nuisances, injury to persons,
animals or property, and the possible spread of disease, by domestic
and/or wild animals, including the authority to trap, confine, test,
euthanize, and deliver such animals to persons or organizations authorized
to conduct such activities.
[Amended 12-9-2013 by L.L. No. 4-2013]
Any person who is an owner of a licensed dog and/or any person
who keeps, feeds or harbors a dog. The owner need not be a resident
of the Village of Celoron but, for a violation to occur, the dog must
be in the Village of Celoron.
It shall be unlawful for any owner of or any person harboring
any dog to permit or allow such dog, while in the Village of Celoron,
to:
A.
Be outdoors without being restrained by an adequate collar of a length
and strength sufficient so such dog cannot leave the boundaries of
the premises of the owner, or the individual harboring the dog; or,
in the alternative, the dog must be confined within an area upon the
premises which shall have a secure fence which shall prohibit the
dog from leaving the premises. Furthermore, any dog shall be restrained
by an adequate collar and leash no longer than six feet long when
not on the premises of the owner, or the individual harboring the
dog.
[Amended 9-12-2011 by L.L. No. 4-2011]
B.
Engage in habitual loud howling or barking or to conduct itself in
such a manner as to habitually annoy any person other than the owner
of such person harboring such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such dog.
D.
Chase or otherwise harass any person in such manner as reasonably
to cause intimidation or to put such person in a reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
F.
Defecate in such a way as to cause annoyance to persons other than
the owner.
G.
Tip over trash cans or other devices used to contain refuse.
H.
Remain in the Village of Celoron unless licensed in accordance with
the New York State Agriculture and Markets Law.
I.
No dog shall be allowed on Village-owned property known as Lucille
Ball Memorial Park and Burtis Street Playground unless such dog is
securely under control and on a leash and the person in possession
of the dog immediately removes and properly disposes of any defecation
from such dog.
[Added 8-24-2009]
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to enclosed premises of such person during such
period.
A.
This article shall be enforced by the Animal Control Officer, the
Village Trustee with the designated responsibility for animal control
issues, or by any other law enforcement or peace officer.[1]
[1]
Editor's Note: Original § 7-6B of the 1966 Code,
regarding enforcement by a Village Trustee with designated responsibility
for animal control issues, which immediately followed this subsection,
was repealed 12-9-2013 by L.L. No. 4-2013.
B.
The Animal Control Officer, designated Village Trustee, or peace
officer observing a violation of this article in his or her presence
shall issue and serve an appearance ticket for such violation, which
appearance ticket shall be in the form prescribed by the Agriculture
and Markets Law of the State of New York and this article.
[Added 8-24-2009; 12-9-2013 by L.L. No.
4-2013]
[Amended 12-9-2013 by L.L. No. 4-2013]
Any dog which violates any of the provisions of this article
may be impounded and taken to such places as may be designated by
the Village Board of Trustees as a place of detention until disposition
thereof shall have been made in accordance with the provisions of
this article.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that the dog seized bears a license tag, the person
seizing the dog shall, within three days thereafter, ascertain the
name of the owner and give the owner immediate notice by serving upon
the owner an instrument, in writing, stating that the dog has been
seized, indicating when, where and why the dog was seized and stating
that the dog will be made available for adoption or euthanized as
provided in statute unless redeemed or a trial is demanded within
seven days of the impounding of the dog. If notification is personally
given, such dog shall be held for a period of seven days after service
of notice, during which period the dog may be redeemed by the owner.
If such notification is made by mail, such dog shall be held for a
period of nine days from the date of mailing, during which period
the dog may be redeemed by the owner.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that the dog seized does not bear a licensed tag
or the owner is unknown, the Animal Control Officer or other law enforcement
officer shall be authorized to euthanize the dog as provided in statute
five days after impounding or to dispose of the dog by sale or other
means, unless the owner redeems the dog, if permitted, or unless a
trial is demanded by the owner within five days of seizure.
[Amended 12-9-2013 by L.L. No. 4-2013]
If the dog is to be redeemed, the owner shall pay the Animal
Control Officer or Village Clerk-Treasurer a fee of $25.
A.
The owner of a dog who is issued an appearance ticket pursuant to § 65-7 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If the person charged with the violation admits to the violation
as charged in the appearance ticket, he may complete the appropriate
form on such appearance ticket and forward such form and appearance
ticket to the office specified on such appearance ticket. Such appearance
ticket shall set forth the schedule of penalties and fines for violation
of this article, and a certified check or money order in the amount
of the penalty for the violation charged shall be submitted with such
answer.
C.
If the person charged with the violation denies part or all of the
violation as charged in the appearance ticket, he may complete the
appearance ticket likewise prescribed for that purpose and forward
such appearance ticket, together with a certified check or money order
in the amount of $15, to the office of the court specified on such
appearance ticket. Upon receipt, such answer shall be entered in the
docket and a new return date established by said court officer. Such
person shall be notified by return mail of the date and place of such
return date and/or trial 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. The person
charged with a violation hereunder, should he or she request a trial
as provided herein, shall pay for the care of the dog while impounded.
D.
In the event that there is a violation of this article based upon
an information and not an appearance ticket and the owner of the dog
denies a violation, he shall post bail of $25, pay for the care of
the dog while impounded and demand, in writing, a trial. The Animal
Control Officer or other law enforcement officer shall immediately
proceed to file an information with a Town Justice so that the matter
will appear on the docket of the Town Justice Court as soon as possible.
The rules of procedures and proof applicable in criminal action shall
apply.
[Amended 12-9-2013 by L.L. No. 4-2013]
If an impounded dog is not redeemed or a trial demanded within
the time hereinbefore set forth, the owner shall forfeit title to
the dog, and it may thereafter be sold by the Village of Celoron or
euthanized as provided in statute by the appropriate official hereinafter
provided.
[Amended 12-9-2013 by L.L. No. 4-2013]
To the extent authorized by this chapter, the Animal Control
Officer is hereby authorized to sell any dog impounded at such price
as he shall determine to be fair and shall deposit such sum in the
general fund of the Village of Celoron. The Village Clerk shall keep
a record of all sales, and such records shall be open to public inspection.
Such records shall be kept for one year.
[Amended 12-9-2013 by L.L. No. 4-2013]
In the event that it becomes necessary to euthanize a dog, the
Animal Control Officer or other law enforcement officer shall arrange,
through a veterinarian or Animal Control Officer in his facilities,
to humanely euthanize. Any Animal Control Officer that euthanizes
a dog must make a report in writing to the Village Clerk. This report
will be kept on file for one year.
[Amended 12-9-2013 by L.L. No. 4-2013]
A violation of this article shall be deemed an offense, and
a person convicted of a violation shall be liable to a fine for a
first violation of $25; for a second violation within the preceding
year, to a fine of $50, and for a third and subsequent violation within
the preceding year, to a fine of $100 or imprisonment for not more
than 15 days, or both. In addition, a dog found to be dangerous may
be ordered securely confined or euthanized at the discretion of the
Court.
[Amended 12-9-2013 by L.L. No. 4-2013]
The owner, possessor or harborer of any dogs euthanized under
the provisions of this article shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
[Amended 12-9-2013 by L.L. No. 4-2013]
The cost of the confinement of a dog ordered by a court or required
by statute shall be $25 per day, plus the necessary and reasonable
costs associated with veterinary care and other costs associated with
the well-being of the animals, said costs to be reimbursed to the
Village immediately upon the owner obtaining said dog.
