[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[1]]
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.
[1]
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.
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.
A tag issued by the Village which sets forth an official
identification number as required by this article.
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.)
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.
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.
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.
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:
A.
Be at large.
B.
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.
C.
Cause damage or destruction to property.
D.
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.
E.
Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
F.
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.
A.
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.
B.
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.
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 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]
D.
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.
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.
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.
