Section 1. Purpose.
The Village Board of the Village of Sackers Harbor finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have cause physical harm to persons, damage to property and have created nuisances within the village. The purpose of this local law is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the village.
Section 2. Authority.
This local law is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
Section 3. Title.
The title of this law shall be, "Dog Control Law of the Village of Sackets Harbor".
Section 4. Definition of Terms.
As used in this local law, the following words shall have the following respective meanings:
(a) Dog means male and female, licensed and unlicensed, members of the canine species.
(b) Owner means person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the dog warden and a reasonable search has been made. If a dog is not licensed, the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or comes within the village. Any person owning or harboring a dog for a period of one (1) week prior to the filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner such dog for the purpose of this local law. In the event the owner of any dog found to be in violation of this chapter shall be under eighteen years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this local law.
(c) Run at large means to be in a public place or on private lands without the knowledge, consent and approval of the owners of such lands.
(d) Village shall mean the Village of Sackets Harbor.
(e) Dog warden means a dog control officer on or after January 1, 1980.
Section 5. Restrictions.
It shall be unlawful for any owner of any dog in the village to permit or allow such dog to:
(a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose, of the local law, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner.
(b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonable and habitually disturb the comfort or repose of any repose of any person other than the owner of the dog.
(c) Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval the owner thereof.
(d) Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonable cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
(e) Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place or of such property.
(f) Create a nuisance by defecating, urinating, or digging on public property, or on private property without the consent or approval of the owner of such property.
(g) If a female dog when in heat, be off the owner's premises unrestrained by a leash.
Section 6. Equipment.
(a) The dog warden or a peace officer having reasonable cause to believe that a person has violated this local law shall issue and serve upon such person an appearance ticket for such violation.
(b) Any person who observes a dog in violation of this local law may file a complaint under oath with the Village Justice 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 the local law.
Section 7. Penalties.
Any person convicted of a violation of this local law shall be deemed to have committed a violation and shall be subject to a fine mot exceeding two hundred fifty dollars ($250.00) or imprisonment for a period not exceeding fifteen (15) days, or both. Each separate offense shall constitute a separate additional violation.
Section 8. Separability.
Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provision shall be deemed or declared invalid, all other provisions hereof shall remain void and enforceable.
Section 9. Repealer.
This local law shall repeal all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Village of Sackets Harbor and specifically "Dog Control Ordinance, Sackets Harbor, New York" enacted August 14, 1964.
Section 10. Effective Date.
This local law shall take effect immediately upon its filing in the office of the Secretary of State.