LOCAL LAW #2 OF 2015
A LOCAL LAW FOR THE CONTROL OF DOGS WITHIN THE
VILLAGE OF OTISVILLE, NEW YORK
BE IT ENACTED by
the Village of Otisville Board of Trustees as follows:
SECTION 1.
INTENT: This Local Law is
intended to provide for the safety, health and general welfare of the residents
of the Village of
Otisville and the users
of the streets, sidewalks and public areas within the Village.
SECTION 2.
REPEAL OF PREVIOUSLY ADOPTED LAWS:
The adoption of this Local Law shall repeal and annul Local Law # 2 of
2013, and any other local laws previously adopted by the Village Board of
Trustees which relate to the licensing and control of dogs within the corporate
limits of the Village of Otisville.
SECTION 3. LICENSE AND TAG REQUIRED
A. All
dogs owned or harbored in the Village of Otisville, who have reached the age of
four months, shall be licensed and must wear a tag as required by Article 7 of
the Agriculture and Markets Law of the State of New York. Such license and tag shall be procured by the
owner or harborer from the Town Clerk of the Town of Mount Hope and shall have
stamped thereon the license number recorded in the office of the Town
Clerk. Such license must be renewed
annually.
B. The
fees for such license shall be established by the Town of Mount Hope.
C. The
fact that a dog is without a tag attached to a collar, as provided by law, shall
be presumptive evidence that the dog is unlicensed.
SECTION 4.
RUNNING AT LARGE
A. No
person owning or harboring a dog, whether licensed of otherwise, shall permit
the dog to run at large within the corporate limits of the Village of
Otisville.
B.
No person owning or harboring a
dog, whether licensed of otherwise, shall permit the dog to leave the premises
of the owner or harborer unless the dog is restrained by a leash.
C. Any police officer or Village of
Otisville Dog Control Officer is hereby authorized to seize any dog not so
restrained and found off the owner’s or harborer’s property.
D. Any dog so seized and impounded shall be
sheltered, fed and cared for in accordance with Article 7 of the Agriculture
and Markets Law of the State of New York.
Notice of impounding of such dog shall be given to the owner of record,
if known, in accordance with the aforesaid section of the State statute.
E. Any dog so seized and impounded may be
claimed by the owner within seventy-two (72) hours of the day of notification
that said dog has been seized provided the owner or harborer produces evidence
that the dog is licensed and pays the required impoundment fee to the Village
Clerk/Treasurer, in addition to the actual and reasonable costs incurred by the
Village.
F. Impoundment Fees:
a)
One hundred dollars ($100) for the first impoundment of any dog owned or
harbored by the individual.
b) One hundred fifty dollars ($150) for the
second impoundment within one year
of the first impoundment of any dog owned or harbored by the individual.
c)
Two hundred dollars ($200) for any and each additional impoundment
within one year of any dog owned or harbored by the individual.
SECTION 5.
REMOVAL OF FECES
A. Any person owning or in charge of any
dog which soils, defiles, defecates on or commits any nuisance on any private
property, public property or any place where people congregate or walk,
including, but not limited to, common thoroughfares, sidewalks, passageways, and
areas adjacent thereto, play areas and parks, shall immediately remove all
feces deposited by any such dog.
B. The feces shall be removed in a sanitary
manner and disposed of by the person owning or in charge of the dog. The feces shall be disposed of in a sealed,
nonabsorbent, leak-proof container.
C. The provisions of this section shall not
apply to disabled persons using service dogs, when the nature of the disability
would prevent them from so doing.
SECTION 6.
DANGEROUS DOGS
A. Any
person found to be the owner or harborer of a dangerous dog within the Village
of Otisville, in a proceeding brought under Article 7 of the Agriculture and
Markets Law of the State of New York, shall be subject to the penalties set
forth in section 9 of this Local Law.
B. The
owner or harborer of said dangerous dog, shall be required to post at each
entrance to the premises on which such dog is kept, a legible and conspicuous
notice as follows: “WARNING DANGEROUS
DOG”
C. In
addition to the penalties set forth in this Local Law, any owner or harborer of
a dangerous dog shall be responsible to pay the actual and reasonable costs and
charges incurred by the Village, as well as the cost of euthanizing such dog as
authorized under Article 7 of the Agriculture and Markets Law of the State of
New York. The owner or harborer of said dog shall be responsible for any costs
or damages incurred by any other party as the result of the actions of said
dangerous dog.
SECTION 7.
BARKING: No person shall
permit a dog to howl or bark, at any time of the day or night, continuously for
a period in excess of fifteen (15) minutes, or intermittently for an aggregate
of 30 minutes within a three hour period, in such a way as to disturb or annoy
any person or persons.
SECTION 8.
ENFORCEMENT OFFICERS: Any
police officer or Village of Otisville Dog Control Officer is hereby authorized
to investigate report and enforce all requirements set forth in this local law.
SECTION 9. PENALTIES
A. Any person who violates any section of
this Local Law shall, upon conviction thereof, be subject to a fine of not more
than one hundred dollars ($100) for each violation; except that where a person
has been found to have violated the same section of this Local Law within the
preceding six months, the fine shall not exceed two hundred and fifty dollars
($250) for each such violation. Such
penalties shall be payable to the Village of Otisville.
B. In addition to the penalties set forth
in this Local Law, any dog owner or harborer found to be in violation of this
Local Law shall be responsible to pay the actual and reasonable costs and
charges incurred by the Village in sheltering, feeding and caring for such
seized dog, as well as the cost of euthanizing such dog as authorized under the
Agriculture and Markets Law.
SECTION 10. DEFINITIONS: The terms used in this Local Law shall have
the same meaning and definitions as those set in the Agriculture and Markets
Law of the State of New York.
SECTION 11. SAVING CLAUSE: In the event that any provision of this law
is declared unconstitutional or invalid, or the application thereof to any
person or circumstances is held invalid, the applicability of such provision to
other persons and circumstances and the constitutionality or validity of every
other provision of the law shall not be affected.
SECTION 12. EFFECTIVE DATE: This local law was adopted by the Village
of Otisville Board of Trustees by resolution on September 17, 2015 and shall
take effect immediately upon its filing with the Secretary of State of the
State of New York.
