[Adopted 5-5-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law also repealed
the former provisions on dogs adopted 11-19-1979 as Ch. 62 of the
1979 Code.
A.
Except as specifically defined in this section, all
words and terms used in this article shall carry their customary meaning
and shall be interpreted and construed to carry out the purposes and
intent of this article.
B.
CURB
DOG
DOG CONTROL OFFICER
OWNER
PREMISES
RUNNING AT LARGE
As used in this article, the following terms shall
have the meanings indicated:
To lead a dog to a suitable place for defecation, so as to
not adversely affect the general public or private landowners other
than the dog's owner.
Any member of the species Canis familiaris.
Any individual appointed by the Mayor and approved by the
Village Board to enforce and implement the provisions of this article.
Any person who harbors and keeps or who last harbored and
kept any dog, except that if said person is under the age of 18 years,
the owner shall be the parent or guardian of such person.
Any lot or parcel of land to which a dog's owner has the
right to quiet enjoyment.
Any dog while roaming, running, self-hunting, or otherwise
off the premises of its owner while not on a leash or under the owner's
or his agent's immediate control or contained in a vehicle or a suitable
cage.
No person shall own, harbor, keep, maintain
or allow a dog in the village unless it is licensed in accordance
with Article 7 of the Agriculture and Markets Law.
It shall be unlawful for any owner of a dog
to:
A.
Allow his/her dog to travel unattended upon public
lands, parks, streets, sidewalks, highways or other public places
without restraining and controlling his/her dog with the use of a
leash or other restraining device, not to exceed six feet in length.
B.
Harbor or keep a dog that has attacked a person so
long as that person was lawfully present.
C.
Allow his/her dog to damage or destroy property other
than that of the owner.
D.
Allow his/her dog to bark, whine or howl or make other
frequent and continual noises so as to unreasonably disturb the peace
of any person.
E.
Fail to properly curb his/her dog respectful of public
and private areas, without immediately removing such defecation.
F.
Allow his/her dog to roam or walk on all public property,
including the sidewalks, immediately adjacent to and including Eaton
Park (a/k/a Wading Pool).
G.
Treat his/her dog in a cruel or inhumane manner.
H.
Allow his/her dog to be running at large.
I.
Own more than four dogs. Household dogs and cats must not exceed
a combined total of six animals, with no more than four dogs or four
cats.
[Added 1-16-2018 by L.L.
No. 1-2018]
To effectuate the implementation of this article
of the Village Code, the Board of Trustees of the Village of Springville
is hereby authorized, pursuant to Article 5G of the General Municipal
Law, to contract with the Town of Concord, or any other municipality,
for the services of the Town Dog Control Officer, and the Mayor of
the Village of Springville, with the approval of the Board of Trustees
of said village, may appoint a Dog Control Officer.
The duties of the Dog Control Officer are to:
A.
Enforce any provision of this article within the Village
of Springville.
B.
Cooperate with and work in conjunction with the Village
of Springville's law enforcement contractee, or its own Police Department
so as to enforce the provisions of this article and the provisions
of any applicable state statute in the Village of Springville.
C.
When there is a violation of this article or the state
statutes in the Village of Springville, issue a summons in the appropriate
court.
D.
Seize, contain and impound any dogs found on any public
roads, streets, sidewalks, highway or other public places within the
Village of Springville when said dogs are not restrained in accordance
with the provisions of this article.
E.
Appear in Town Court when requested by the Village
Attorney, so as to prosecute any violations of this article.
F.
Adhere to the provisions of the Agriculture and Markets
Law of the State of New York.
G.
Aid and assist in the filing of complaints with the
Village Attorney and/or the local Justice.
It shall be the responsibility of the Dog Control
Officer to maintain accurate records and to complete and submit the
following records to the Mayor and the Board of Trustees of the Village
of Springville on a bimonthly basis:
A.
A listing of all complaints, including the name, address
and phone numbers of each complainant and the type of complaint and
the resolution of each complaint.
B.
A separate log of each official action taken in each
case.
C.
A daily mileage log.
D.
The number of dogs impounded.
E.
The number of dogs redeemed by their owners.
F.
A list of all expenditures incurred by the Dog Control
Officer.
G.
The gross receipts collected by the Dog Control Officer.
Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint alleging a violation
of this article shall be deemed to be the owner of such dog for the
purpose of this article.
Any unlicensed dog or dog engaged in conduct
which violates the provisions of this article or Article 7 of the
Agriculture and Markets Law may be seized and temporarily impounded
by the Dog Control Officer. Upon such seizure the Dog Control Officer
shall ensure that the dog is properly sheltered, fed and watered until
released to its owner in accordance with the provisions of this article
and the Agriculture and Markets Law or until released to the care
and custody of the County Dog Control Officer for impoundment and
disposition.
Pursuant to § 118 of the Agriculture
and Markets Law, a Dog Control Officer who seizes any licensed dog
pursuant to this article shall notify the owner of record of the dog's
seizure and that the dog may be redeemed at the town's temporary impoundment
facility until the dog is delivered to the County Dog Control Officer
for disposition, at which time it may be redeemed at the county dog
pound shelter. All impoundment fees paid for the redemption of a dog
at the town's temporary impoundment facility shall be the same as
those provided in § 118 of the Agriculture and Markets Law,
as amended from time to time.
Any owner who violates the provision of this
article shall be subject to a fine not to exceed $25 for the first
offense, $50 for the second offense, and $100 for each subsequent
offense committed within 12 months of any prior violation of this
article.
