Village of Menands, NY Dogs and Other Animals

The purpose of this article is to promote the health, safety and general welfare of the people of the Village of Menands, New York, including the protection of the property of the Village and its inhabitants and the preservation of peace and good order, by imposing restrictions upon the keeping and running of dogs within the Village and, specifically, to implement the provisions of Article 7 of the Agriculture and Markets Law as adopted by the New York State Legislature, and any amendments thereto.

§ 77-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

Any dog that is off the premises of its owner or custodian or not under the immediate control of such owner or custodian. No dog shall be deemed to be "at large" if it is:

A guide dog actually leading a blind person.

A police dog in use for police work.

Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.

CUSTODIAN

A person that has a dog in his or her custody.

DOG

Any member of the species Canis familiaris.

GUIDE DOG

Any dog that is trained to aid the blind and is actually used for such purpose or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

IDENTIFIED DOG

Any dog carrying an identification tag as provided in § 112 of Article 7 of the Agriculture and Markets Law.

OWNER

Any person who harbors or keeps any animal, except that, if the owner is a person under 18 years of age, then the owner shall be deemed to be the parent or guardian of such person.

OWNER OF RECORD

The person in whose name any dog was last licensed pursuant to either Subdivision 1 or Subdivision 2 of § 109 of Article 7 of the Agriculture and Markets Law, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 113 of Article 7 of the Agriculture and Markets Law, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.

PERSON

Any individual, corporation, partnership, association or other organized group of persons, a municipality or other legal entity.

POLICE WORK DOG

Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for police work purposes.

§ 77-4 Dog control officers.

The Board of Trustees may, in its discretion, by resolution, appoint one or more dog control officers or may contract for dog control officer services pursuant to the Agriculture and Markets Law for the purpose of assisting with the control of dogs and the enforcement of this article and the Agriculture and Markets Law and seeing that the order or orders of the Village Court in such cases are carried out.

Every dog control officer so appointed or contracted for shall have all the powers of a peace officer in enforcing the provisions of this article. In addition, any dog control officer or any peace officer authorized by the Village of Menands to assist in the enforcement of this article and the Agriculture and Markets Law may serve any process related to any proceeding undertaken for any such purpose, whether criminal or civil in nature, including an appearance ticket.

§ 77-5 Seizure and redemption.

Any dog control officer or peace officer employed by or under contract to the Village of Menands shall seize:

(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.

Any dog control officer or peace officer employed by or under contract to the Village of Menands may seize any dog in violation of the Agriculture and Markets Law or of any local law relating to the control of dogs adopted by the Village of Menands pursuant to the provisions of Article 7 of the Agriculture and Markets Law.

Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.

Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the following impoundment fees:

(1)

Ten dollars for the first impoundment of any dog owned by that person.

(2)

Twenty dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.

(3)

Thirty dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.

Promptly upon seizure of any identified dog, the owner of record shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D of this section and by producing proof that the dog has been licensed.

An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized, provided that no such dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of this article prior to its release from the custody of a pound or shelter.

The seizure of any dog shall not relieve any person from any violation provided for by § 77-6 of this article.

No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this article.

§ 77-6 Penalties for offenses.

It shall be a violation, punishable as provided in Subsection C of this section, for any owner or custodian of any dog to permit or allow any dog to:

(1)

Run at large unless such dog is restrained by an adequate collar and leash not exceeding eight feet in length or unless accompanied by and under the immediate control of its owner or a responsible person over 16 years of age who is able to control the animal.

(2)

Engage in frequent loud howling, barking or whining or to conduct itself in such a manner so as to unreasonably disturb the comfort or repose of any person.

(3)

Cause damage or destruction to property or commit a nuisance upon the premises of any person.

(4)

Chase or otherwise harass any person in such manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.

(5)

Habitually chase or bark at motor vehicles, bicycles or pedestrians.

(6)

Run at large when in heat; such dog shall be confined to the premises of the owner during such period.

It shall be the duty of a dog control officer so appointed or contracted for by the Board of Trustees of the Village of Menands to bring an action against any person who has committed within the Village of Menands any violation of the Agriculture and Markets Law or any violation set forth in this section. The Village of Menands may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty.

A violation of this section shall be punishable, subject to such an election, either:

(1)

Where prosecuted pursuant to the Penal Law, by a fine of not more than $50, except that:

(a)

Where the person was found to have violated this section or the former Dog Control Law of the Village of Menands within the preceding five years, the fine may not be more than $100; and

(b)

Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both; or

(2)

Where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than $50, except that:

(a)

Where the person was found to have violated this section or the former Dog Control Law of the Village of Menands within the preceding five years, the civil penalty may be not more than $100; and

(b)

Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not more than $250.

§ 77-7 Complaints.

Any person observing a violation of the Agriculture and Markets Law or of this article may file an accusatory instrument with the Village Court.

Article II Dog Waste Disposal

[Adopted 10-2-2000 by L.L. No. 1-2000]

§ 77-8 Restrictions.

It shall be unlawful for any dog owner or person having possession, custody or control of any dog to allow such dog to defecate on public or private property over the objection of the owner of the property.

§ 77-9 Duty to remove.

It shall be the duty of each dog owner or person having possession, custody or control of any dog to remove any feces left by such person's dog on any property not under the care, custody or control of such dog owner or person, including but not limited to any driveway, public or private lawn or yard, sidewalk, gutter, street, grassy area between the street and sidewalk, park, school yard or any other property not under the care, custody or control of such dog owner or person and to dispose of such feces in a safe and sanitary manner in a sealed, nonabsorbent, leakproof container.

§ 77-10 Presumption of ownership.

In case a dog is unattended, information secured by an enforcement officer from a license or tag secured to an unattended dog shall present a rebuttable presumption that the owner identified by such license or tag is the owner or person in charge of said dog.

§ 77-11 Penalties for offenses; enforcement.

Any conviction of a violation of this article shall constitute a violation punishable by a fine or a civil penalty of not more than $100 for each violation. For purposes of enforcing the provisions of this article, appearance tickets may be issued by police officers, dog control officers, building code inspectors and by any persons authorized to issue tickets for parking violations. In addition thereto, the Village Board shall have the power to designate such other persons as is deemed necessary to enforce the provisions of this article.

§ 77-12 Exemption.

The provisions of this article shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability, as defined in Subdivision 21 of § 292 of the Executive Law.

§ 77-13 Issuance of tickets.

For a thirty-day period beginning December 1, 2000, persons violating this article shall be given a warning ticket advising such persons of this article and its requirements. Effective January 1, 2001, appearance tickets shall be issued as authorized and may be enforced as otherwise provided in this article.