§ 61-1. Purpose and
intent.
The purpose
of this article shall be to promote the health, safety, morale and general
welfare of the Village of New York Mills, including the protection and
preservation of the property of the Village and its inhabitants and of the
peace and good order by adopting and enforcing certain regulations and
restrictions on the privileges of the owners of dogs and of rights and
privileges of the Village of New York Mills and by imposing restrictions upon
the keeping and running-at-large of dogs within the Village of New York
Mills.
§ 61-2. Regulations and
restrictions.
It shall be
unlawful for any owner of, or any person harboring, any dog in the Village of
New York Mills, to permit or allow such dog, whether or not tagged or licensed,
to:
A. Run
at large unless said dog is restrained by an adequate collar and leash or
unless accompanied by its owner or a responsible person able to control the
animal. For the purposes of this article, a dog or dogs hunting in company with
a hunter or hunters shall be considered as accompanied by its owner.
B. Engage
in habitual loud howling or barking or to conduct itself in such manner so as
to habitually annoy any person other than the owner or person harboring such
dog.
C. Cause
damage or destruction to property, or commit a nuisance upon the premises of a
person other than the owner or person harboring such a dog.
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 or bark at motor vehicles.
§ 61-3. Female dog
restriction.
It shall be
unlawful for the owner or person harboring any female dog to permit such dog to
run at large when in heat and such dog shall be confined to the premises of
such person during such period.
§ 61-4. Enforcement.
A dog
warden, or other proper authority, designated by the Town Board as provided by
§ 119 of the Agriculture and Markets Law, and other applicable laws and
provisions, may enforce the provisions of this article and may also investigate
and report to a Town Justice any dangerous dog as described in § 121 of
the Agriculture and Markets Law, and see that the order or orders of the Town
Justice in such case are carried out.
§ 61-5. Complaints
procedure.
Any person
who observes a dog causing damage or destruction to property of a person other
than its owner, or committing a nuisance upon the premises of a person other
than its owners, or in violation of any subsection of §§ 61-2 and 61-3, may
file a signed complaint, under oath, with a Town Justice of the Town of
Whitestown or a Village Justice of the Village of New York Mills specifying the
objectionable conduct of the dog, the date thereof, the damage caused or other
violation, a description of the dog and name and residence, if known, of the
owner or other person harboring said dog.
§ 61-6. Issuance of
summons or warrant.
Upon receipt
by the Town Justice or Village Justice of any complaint against the conduct of
any particular dog, the Town Justice or Village Justice may summon the alleged
owner or other person harboring said dog to appear in person before him; if the
summons is disregarded, the Justice may permit the filing of an information and
issue a warrant for the arrest of such person.
§ 61-7. Penalties for
offenses.
Except as
otherwise provided in § 119 of the Agriculture and Markets Law, any person
who violates this article or knowingly permits the violation of this article or
any of the provisions thereof shall be deemed to have committed a violation
punishable by a fine of not less than $5 nor more than $25, or imprisonment not
to exceed 15 days, for each violation, together with the costs of such
proceeding.
§ 61-8. Seizure.
In addition
thereto, the seizure of unleashed dogs shall be as provided for in § 118
of the Agriculture and Markets Law, and all provisions thereof.
