[HISTORY: Adopted by the Board of Trustees of the Village of Baldwinsville 1-17-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 112, Animals, which consisted of Art. I, Domestic Animals, adopted 12-27-1920 by Ord. Nos. 1, 2, 3 and 32, as amended; and Art. II, Dog Control, adopted 3-22-1971 by L.L. No. 1-1971, as amended.
As used in this article, the following terms shall have the meanings indicated:
DOMESTIC ANIMAL
Includes dogs and cats, as well as other common household pets, such as fish, hamsters, gerbils and birds, which are commonly maintained indoors. This term shall exclude all farm animals (horses, mules, donkeys, sheep, goats, pigs, cattle, livestock, and any fowl or poultry, etc.) and wild or dangerous animals.
No person shall maintain, house or harbor any animal, other than a domestic animal as defined in § 112-1, in the Village of Baldwinsville.
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 to exceed 15 days.
The Board of Trustees of the Village of Baldwinsville 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 have 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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law of the Village of Baldwinsville."
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
A dog control officer as defined in Article 7, § 113 of the New York Agriculture and Markets Law.
OWNER
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 Dog Control Officer and a reasonable search has 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 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
To be in a public place, to include public-use sidewalks, parks, and Village-owned property, not restrained by a leash or on private lands without the knowledge, consent, and approval of the owner of such lands.
VILLAGE
The Village of Baldwinsville.
It shall be unlawful for any owner of any dog in the Village to permit or allow such dog to:
A. 
Run at large. Dogs, when not on private lands with the knowledge, consent, and approval of the owner of such lands, must be restrained by a leash no longer than six feet.
B. 
Engage in repeatedly loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and repeatedly disturb the comfort or repose of any person other than the owner of such dog.
C. 
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 upon any property other than the premises of the owner of such dog.
D. 
Repeatedly chase, run alongside 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.
E. 
If a female dog, when in heat, be off the owner's premises unrestrained by a leash.
F. 
The owner of a dog shall not permit his dog, even though leashed, to do any of the following acts:
(1) 
Damage or destroy public or private property not belonging to the owner of the dog;
(2) 
Deposit fecal waste on any rights-of-way in the Village, on public or private property unless such waste is immediately removed for suitable and proper disposal.
A. 
The fee for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 112-9 of this article are as follows:
(1) 
The Dog Control Officer or any peace officer may seize:
(a) 
Any unlicensed dog whether on or off the owner's premises.
(b) 
Any dog not wearing a tag and not identified, and which is not on the owner's premises.
(c) 
Any dog found in violation of § 112-8 of this article.
(2) 
Such seized dog shall be kept and redeemed or disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law.
(3) 
Fees for the seizure and impounding of dogs found in violation of section § 112-8 shall be set by resolution of the Village Board and may be amended from time to time.
B. 
The Dog Control Officer or a peace officer observing a violation of this article in his presence may issue and serve an appearance ticket for such violation.
C. 
The Dog Control Officer or peace officer may also investigate and report to a Village Justice of the Village any dangerous dog as described in Article 7 of the Agriculture and Markets Law and see that the order of the Village Justice in such case is carried out.
D. 
Any person who observes a dog in violation of this article may file a complaint under oath with a Village Justice of the Village 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 the dog. Such complaint may serve as the basis for enforcing the provisions of this article.
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.