[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-28-1998 by L.L.
No. 1-1998]
This article shall be known as the "Nuisance Animal Local Law of the
Village of Skaneateles."
The Village of Skaneateles finds that the uncontrolled behavior of animals
has caused physical harm to persons and damage to property and 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 and
regulations upon the keeping of animals within the Village.
This article is enacted pursuant to the provisions of § 124
of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule
Law.
As used in this article, the following terms shall have the meanings
indicated:
Any animal, reptile, bird or fowl, domesticated or wild, owned or
otherwise maintained by any person.
That person or his or her authorized representative designated as
such by the Town Board of the Town of Skaneateles.
Any dog shall be deemed to be at large when it is off the property
of its owner and not under restraint of a competent person.
Any member of the species Canis familiaris.
To provide food or shelter to any animal.
Any person, firm, partnership, trustee, association or corporation
owning, keeping, harboring or otherwise maintaining an animal. Animals owned
by minors shall be deemed to be in the custody and control of the minor's
parents or head of the household where such minor resides.
A dog is under restraint if it is controlled by a leash or in the
presence of a competent person and obedient to that person's commands, on
or within a vehicle being driven or parked on the street, or within the property
limit of its owner or keeper, or upon the premises of another with the consent
of such other person.
A.
It shall be unlawful for any owner of any animal to permit
or allow such animal of the Village of Skaneateles to:
(1)
Engage in habitual loud howling, barking, crying or whining or
to conduct itself in such a manner as to unreasonably and habitually annoy
any person.
(2)
Cause damage or destruction to property, including scattering
garbage, or commit a nuisance by defecating or urinating upon the premises
of a person, other than the owner of such animal.
(3)
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or annoyance or to put such person in reasonable apprehension
of bodily harm or injury.
(4)
Habitually chase, run alongside of or bark at motor vehicles,
bicycles or pedestrians.
All owners of female dogs in heat shall keep such dogs confined in such
manner as to not be in contact with other dogs (except for intentional breeding
purposes) and so as to avoid creation of a nuisance by attracting other dogs.
A.
This article shall be enforced by any Town Animal Control
Officer, peace officer, when acting pursuant to special duties, police officer,
law enforcement officer, or New York State Department of Environmental Conservation
licensed Nuisance Control Officer.
B.
Notwithstanding the existence of any other enforcement
procedure or remedy, the Town Animal Control Officer shall be authorized to
seize any animal that is unlicensed or that in his or her judgment is endangering
the public health, welfare or safety within the Village of Skaneateles.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption period set forth in § 118 of
the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing
and identification pursuant to the provisions of Article 7 of the Agriculture
and Markets Law and by paying the seizure fee established by the Board of
Trustees to the Town Clerk of the Town of Skaneateles.
[Amended 4-22-2002 by L.L.
No. 2-2002]
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the seizure fees set forth in Subsection C of this section, the impoundment and storage fees of the animal shelter keeping said dog and authorization fee, if applicable, whether or not such owner chooses to redeem his dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 of the Agriculture and Markets Law.
F.
Other animals shall be seized and disposed of in the
same manner as dogs, except that in no event shall the costs of seizure, impoundment,
redemption, and euthanization be less than the actual costs incurred by the
Town of Skaneateles.
Any person who observes any animal in violation of this article may file a complaint under oath with the Village police, the Town Animal Control Officer, or a Justice of the Town of Skaneateles specifying the nature of the violation, the date thereof, a description of the animal and the name and residence, if known, of the owner of the animal. Such complaint may serve as the basis for enforcing the provisions of this article by commencement of a civil action by the Village to collect the penalties referenced in § 69-10.
Any owner in violation of this article shall be subject to a civil penalty
of up to $50. Upon a second violation of this article by an owner within one
year, the civil penalty shall be up to $100.
