As used in this chapter, the following terms shall have the
meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned by or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate control and supervision
of the owner or responsible person.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or is in training for hunting on unposted
land or posted land with the permission of the owner of the land.
A police work dog in use for police work.
Any service dog trained (or in training) to function as an aid
to the blind, hearing impaired, handicapped, disabled or the elderly
and is actively being used for such purpose. Further, this would also
include any therapy dog trained as an aide for the emotional or physical
health and well being of residents in hospitals, nursing homes, adult
homes, rehabilitation facilities, retirement homes or other personal
service settings.
In control by an electronic device.
Howling, barking, crying or any other audible sounds made
by a dog(s) shall be considered unreasonable if it persists on either
an intermittent or continuous basis for more than 30 minutes at a
time without complete interruption of at least 10 minutes' continuous
duration or should it continue over a period of two hours or more
regardless of any interruption time.
Any individual or department designated by the Malone Village
Board to assist in the enforcement of this chapter, or any authorized
officer, agent or employee of an incorporated humane society or similar
incorporated dog protective association under contract with the Village
of Malone to assist in the enforcement of this chapter.
That any employee of the Village of Malone shall have received
three official complaints within a seven-day period; five official
complaints within a fourteen-day period; or eight official complaints
within a thirty-day period.
To provide food or shelter to any dog, even including a dog
claimed to be a stray by a person that is in fact providing that food
or shelter.
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this chapter shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person or the head of the household in which said
person resides.
Any person(s) owning, harboring or possessing a dog, while living
within the Village of Malone, must obtain and thereafter continuously
maintain for the life of the dog a license pursuant to the provisions
of Article 7 of the New York State Department of Agriculture and Markets
Law.
A.
Any Dog Control Officer, peace officer, or Village police officer
acting pursuant to his special duties, in the employ of or under contract
to a municipality, shall seize
[Amended 12-29-2021 by L.L. No. 1-2022]
(1)
Any dog which is not identified and which is not on the owner's premises;
(2)
Any dog which is not licensed, whether on or off the owner's premises;
(3)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there is
probable cause to believe the dog is a dangerous dog; and
(4)
Any dog which poses an immediate threat to the public safety.
B.
Any Dog Control Officer or peace officer, acting pursuant to his
special duties, or police officer in the employ of or under contract
to a municipality may seize any dog in violation of any local law
or ordinance relating to the control of dogs adopted by any municipality
pursuant to the provisions of this chapter.
The Malone Village Police and Malone Village Code Officers are
empowered to issue tickets for habitually barking dogs.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Village of Malone, New York, to:
A.
Be
at large.
B.
Habitually
engage in loud howling, barking, crying, or whining or to conduct
itself in such a manner so as to unreasonably annoy any person at
any time of day.
C.
Cause
damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner of
such dog.
D.
Chase
or otherwise harass any person or other animal in such a manner as
reasonably to cause intimidation or to put such person or animal in
a reasonable apprehension of bodily harm or injury.
E.
Habitually
chase, run alongside of or bark at motor vehicles, motorcycles or
bicycles.
[Added 12-29-2021 by L.L. No. 2-2022]
A.
No dog
shall be allowed to run at large within the Village of Malone.
B.
No dog
shall be allowed upon the public streets or upon any public property
within the Village of Malone unless it shall be accompanied by its
owner or a responsible person able to restrain and control such dog
by command and unless such person accompanying such dog shall control
and restrain such dog by some suitable device designed and used for
that purpose.
A.
No
person who owns, possesses, harbors, keeps or is in any charge or
control of a dog/animal shall cause, suffer, allow or permit any such
animal to soil, defile, defecate on or commit any nuisance on any
public highway, street, thoroughfare or side-walk used in common by
the public, or any place where people congregate, or on any private
property without the permission of the property owner.
B.
In
the event this happens, the dog/animal owner or handler shall remove
the feces and dispose of it in a proper manner.
The Village of Malone will contract with the Town of Malone
for the enforcement of this chapter by the Town Dog Control Officer.
The organization contracted with the Village of Malone for dog/animal
control is empowered to perform the following:
A.
Educating
pet owners of their responsibilities.
B.
Enforcement
of dog/animal control ordinances.
C.
Enforcing
dog/animal licensing laws.
D.
Seizing
and impounding unlicensed, stray, running, or dangerous dogs/animals.
E.
Investigating
dog/animal complaints or cruelties.
F.
Transportation
of seized dogs/animals to the shelter.
G.
Issue
tickets for violations of the Village of Malone dog/animal control
ordinances.
[Added 12-29-2021 by L.L. No. 3-2022]
A.
Any dog
which shall attack any person or domestic animal, as such term is
defined in Article 7 of the Agriculture and Markets Law of the State
of New York, shall be dealt with in accordance with Article 7 of said
Agricultural and Markets Law.
B.
A dog shall
not be a dangerous dog within the meaning of this section if the owner
shall prove that any threat, injury, or damage caused by such dog
was sustained by a person who, at the time, was committing a willful
trespass or other tort upon the premises occupied by the owner of
the dog, or was tormenting, abusing or assaulting the dog, its owner
and/or household members, or has in the past been observed or reported
to have tormented, abused or assaulted the dog, or was committing
or attempting to commit a crime. Nor shall a dog be a dangerous dog
if the dog was responding solely to pain or injury or was protecting
itself while on its owner's property.
