Village of Wappingers Falls, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers Falls: Art. I, 1-22-1991 as L.L. No. 1-1991; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Noise — See Ch. 100.
Zoning — See Ch. 151.
Fees — See Ch. A155.
[Adopted 1-22-1991 as L.L. No. 1-1991]
The title of this Article shall be "Dog Control Law of the Village of Wappingers Falls."
The Village Board of the Village of Wappingers Falls finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and 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.
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
The person authorized by the Village Board from time to time, by resolution, to enforce the provisions of this Article. A Dog Control Officer shall have all the powers of a Constable or other peace officer in the execution of the provisions of this Article, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 114 of the Agriculture and Markets Law of the State of New York, notwithstanding any provisions of the Justice Court Act.
[1]
OWNER
A person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing a 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 (1) 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 that the owner of any dog found to be in violation of this chapter shall be under eighteen (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 or on private lands without the knowledge, consent and approval of the owner of such land.
VILLAGE
The Village of Wappingers Falls.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
It shall be unlawful for any owner of any dog in the village to permit or allow such dog to:
A. 
Run at large unless the dog is restrained by an adequate leash.
[Amended 10-9-1991 by L.L. No. 3-1991]
B. 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
C. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof.
D. 
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.
E. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles or other vehicles while on a public street, highway or place or upon private property without the consent or approval of the owner of such property.
F. 
Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.
G. 
If a female dog when in heat, be off the owner's premises unrestrained by a leash.
H. 
Defecate on any property not titled to the dog owner or upon which the dog owner has a tenancy, unless said dog owner immediately removes said waste.
[Added 5-8-2013 by L.L. No. 2-2013]
I. 
Enter or remain in any fenced area or children's playground located within a Village park or recreation center.
[Added 5-8-2013 by L.L. No. 2-2013]
This Article shall be enforced by the Dog Control Officer or any other law enforcement officer.
A. 
The Dog Control Officer or a peace officer observing a violation of this Article in his presence or having reasonable cause to believe that a person has violated this Article shall serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of § 114 of the Agriculture and Markets Law and this Article.
B. 
The Dog Control Officer or any peace officer shall seize:
(1) 
Any unlicensed dog, whether on or off the owner's premises.
(2) 
Any dog not wearing a tag and which is not on the owner's premises.
(3) 
Any dog found in violation of § 47-5A of this Article.
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 § 121 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 observed 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this Article.
The Dog Control Officer is hereby empowered to seize any dog which has violated any of the provisions of this Article and/or Article 7 of the Agriculture and Markets Law, and any such dog so seized shall be impounded or taken to such place as may be designated by the Village Board as a place of detention until disposition thereof shall have been made in accordance with the provisions of this Article.
A. 
Periods of redemption. Any dog seized by the Dog Control Officer shall continue to be impounded and held by him for the following prescribed time periods:
Type of Seizure
Redemption Period
Unlicensed or unidentified dog
5 days
Licensed dog
5 days (if personal notice, from date of notice)
Licensed dog
7 days (if mail notice, from date of mailing)
B. 
Redemption fees. At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified, and provided further that the owner pays the redemption fees as set by resolution of the Board of Trustees.
[Amended 2-12-1997 by L.L. No. 3-1997]
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be available for adoption or euthanized. The village shall keep for one (1) year a record of the disposition of all dogs seized, which records shall be open to public inspection.
A. 
The owner of a dog who is issued an appearance ticket pursuant to § 47-6 herein may answer the same by registered or certified mail, return receipt requested, within five (5) days of the violation(s) as 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.
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 to the Village Court. Upon receipt, such answer shall be entered in the docket and a new return date established by said Court. Such person shall be notified by mail of the date and place of such return date and place of such return date and/or trial. If a person shall fail to appear at a return date, a summons or a warrant for arrest may be issued pursuant to the Criminal Procedure Law.
D. 
In the event that there is a violation of this Article based upon an information and not an appearance ticket, the Dog Control Officer or other law enforcement officer shall immediately proceed to file an information with a Village Justice so that the matter will appear on the docket of the Village Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.
[Amended 2-12-1997 by L.L. No. 3-1997]
Except as provided otherwise by § 119 of the Agriculture and Markets Law, 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 two hundred fifty dollars ($250.) or imprisonment for a period not to exceed fifteen (15) days, or both, together with any costs incurred by the village in furtherance of its enforcement of this Article.
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Editor’s Note: L.L. No. 8-2008, adopted 12-8-2008, created a uniform section for the application of penalties occurring when any ordinance, resolution or act of the Village is violated. See Ch. 1, General Provisions, Art. II, General Penalty.
[Adopted 2-12-1997 by L.L. No. 3-1997]
No person or persons shall breed, raise, harbor or maintain any chickens, turkeys, ducks, geese or any other fowl or reptile or bees or any horses, cows, mules, goats or any other animals except domesticated pets within the Village of Wappingers Falls.
In any district, kennels shall comply with the following provisions:
A. 
The minimum area for a kennel shall be five (5) acres.
B. 
Kennels shall be screened from adjacent streets and properties and should conform to landscaping as well as the conditions established in the site plan approval process.
C. 
There shall be no offensive odor, emitted by the use, discernible at the property line of the lot.
D. 
Any building housing animals shall be located at a distance of at least two hundred (200) feet from any residential district boundary. If soundproof construction is used, normal district setbacks and bulk regulations shall apply.
No person or persons shall knowingly or willfully permit any vicious animal to run at large in the Village of Wappingers Falls. It is further ordained that any policeman or peace officer may destroy without notice any vicious animal within the corporate limits of Wappingers Falls.
Any person violating any provision of this Article may be punishable by a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or both.
[1]
Editor’s Note: L.L. No. 8-2008, adopted 12-8-2008, created a uniform section for the application of penalties occurring when any ordinance, resolution or act of the Village is violated. See Ch. 1, General Provisions, Art. II, General Penalty.