[Adopted 3-29-1982 by L.L. No. 3-1982 (Ch. 4 of the 1970 Code)]
[Amended 2-15-2011 by L.L. No. 1-2011]
The Board of Trustees of the Village of Spring Valley, New York, finds that the running at large of dogs and other uncontrolled behavior of dogs has caused physical harm to persons and property and created nuisances within the Village of Spring Valley. The Board also finds that, as of January 1, 2011, the State of New York will no longer regulate the licensing of dogs and, therefore, the Village must do so, effective January 1, 2011. The purpose of this article is to protect the health, safety and well-being of persons and property by licensing dogs, and the imposing of restrictions upon the keeping or running at large of dogs and the seizure thereof within the Village.
Editor's Note: This local law also amended the title of this article, which was formerly Dogs.
This article is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be "Dog Control Law of the Village of Spring Valley."
[Amended 2-15-2011 by L.L. No. 1-2011]
As used in this article, the following terms shall have the meanings indicated:
- The Village Clerk.
- Any member of the species canis familiaris.
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.
- IDENTIFICATION TAG
- A tag issued by the Village which sets forth an official identification number as required by this article.
- IDENTIFIED DOG
- Any dog carrying an identification tag as provided in this article.
- Any person who harbors or keeps any dog. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or the head of the household in which said person resides.)
- OWNER OF RECORD
- The person in whose name any dog was last licensed, except 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 each such person.
- POLICE WORK DOG
- Any dog owned or harbored by any state or federal or municipal police department or any state or federal enforcement agency which has been trained to aid law enforcement officers and is actually being used for police work purposes.
- RUNNING AT LARGE
- Any dog off the premises of its owner or of the person keeping or harboring such a dog when not on a leash, tether, chain, rope or the like, the overall length of which, including the handgrip, exceeds six feet, held by its owner or other person able to control the dog.
- SERVICE DOG
- Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
It shall be unlawful for any owner of any dog to permit or allow such dog in the Village of Spring Valley to:
Be at large.
Engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person.
Cause damage or destruction to property.
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
Urinate or defecate on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. Any fecal matter which may be placed by a dog on any area, whether public or private, shall be removed by the owner, harborer, keeper or person having charge of such animal immediately after the same shall have been discharged by the dog.
This article shall be enforced by any dog control officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Village of Spring Valley.
Any dog found in violation of the provisions of § 71-5 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.
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 impoundment fees and boarding fees set forth in Chapter 118, Fees.
[Amended 4-7-1987 by L.L. No. 5-1987; 4-11-1995 by L.L. No. 1-1995]
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
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.
Any person who observes a dog in violation of this article may file a complaint under oath with a Justice of the Village of Spring Valley 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.
Any dog control officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Village of Spring Valley observing a violation of this article in his presence or having reasonable cause to believe that a person has violated this article shall issue and serve an appearance ticket for such violation.
[Amended 4-12-1988 by L.L. No. 10-1988; 2-15-2011 by L.L. No. 1-2011]
Any person whose dog violates any provision of this article shall be guilty of a violation punishable by a fine not to exceed $75 for a first violation; not less than $75 nor more than $150 for a second violation occurring within a year of the first violation; not less than $150 nor more than $500 for each subsequent violation occurring within a year of the first violation.
[Amended 5-8-1984 by L.L. No. 2-1984; 4-11-1995 by L.L. No. 1-1995; 2-15-2011 by L.L. No. 1-2011]
The fee(s) for obtaining a license are as set forth in Chapter 118, Fees. The fees set forth therein include sums which the Village is obligated to pay to the State of New York.
[Added 2-15-2011 by L.L. No. 1-2011]
All dogs within the Village of Spring Valley, four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Clerk of the Village of Spring Valley a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Village. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life in which case vaccination may not be required. Each license shall be valid for a period of one year and shall not be transferable.
[Added 2-15-2011 by L.L. No. 1-2011]
Each dog licensed pursuant to this article shall be assigned, at the time the dog is first licensed, a municipal identification number which shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. A dog participating in a dog show shall be exempt from the licensing requirement.