PART II, GENERAL LEGISLATION

Chapter 61, ANIMALS

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Animals Running at Large [Adopted 5-17-1904; amended in its entirety 9-16-1996 by L.L. No. 6-1996]

§ 61-1. Running at large prohibited. [Amended 6-15-1998 by L.L. No. 2-1998]

It shall be unlawful for any owner to allow any animals, including but not limited to horses, cattle, sheep, swine, fowl, llamas, ostriches, cats or dogs, to run at large in or upon any of the public streets, grounds or places of the village and upon private property without the consent of the owner of said property.

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§ 61-2. Disposition of collected animals.

It shall be the duty of any Animal Control Officer to take and care for any of such animals or fowl, and the expense therefor may be collected from the owner thereof or, in the case of his failure to so pay, said animals or fowls may be sold at public sale by such Animal Control Officer and any surplus received over and above such expenses shall be returned to the owner.

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§ 61-3. Penalties for offenses.

Any violation of this article shall be punishable by a fine of not more than $250 or imprisoned for not more than 15 days, or both.

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ARTICLE II, Dog Control [Adopted 1-28-1980 by L.L. No. 1-1980; amended in its entirety 9-16-1996 by L.L. No. 6-1996]

§ 61-4. Purpose.

Although dogs that are properly cared for serve a useful purpose, it appears that, in some instances, dogs have been allowed to cause annoyance and damage to the persons and properties of others within the Village of Honeoye Falls, and the Village Board of the Village of Honeoye Falls, by enacting the following article, seeks to preserve the relationship between a dog, its master and the public and at the same time to protect the health, safety and property of others from annoyance and damage caused by dogs. This Article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.

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§ 61-5. Title.

The title of this article shall be the "Dog Control Law of the Village of Honeoye Falls."

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§ 61-6. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE -- A dog off the premises of the owner.

DOG -- Includes the plural "dogs," both male and female, unless the context indicates otherwise.

DOG CONTROL OFFICER -- The person or persons, authorized by the Village Board to enforce the provisions of this article.

LEASHED or RESTRAINED BY A LEASH -- The dog is equipped with a collar or harness, to which is attached a leash, with both collar or harness and the leash of sufficient strength to restrain the dog and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.

OWNER -- Any person who is a licensed owner of a dog and/or any person who owns, keeps, feeds, harbors or has the care, custody or control of a dog. The owner need not be a resident of the Village of Honeoye Falls; but for a violation to occur, the dog must be within the village limits of the Village of Honeoye Falls. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.

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§ 61-7. Restrictions.

  1. It shall be unlawful for any owner or any person harboring any dog to permit or allow such dog, while in the Village of Honeoye Falls, to:
    1. Be at large, unless said dog is:
      1. On private property with the consent of the owner of said property.
      2. Leashed.
    2. Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually and unreasonably annoy any person other than the owner or person harboring such dog.
    3. Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
    4. Bite, chase or otherwise harass any person in such a manner as to cause intimidation or to put such person in apprehension of bodily harm or injury whereby such dog may be considered to be a dangerous dog.
    5. Habitually chase or bark at moving vehicles off the premises of the dog's owner.
    6. Run at large with a pack of other dogs or chase children, deer or other animals.
    7. Enter any public buildings or to cause any nuisance upon public sidewalks or crosswalks.
  2. Any female dog that is in heat shall be confined to the premises of its owner.
  3. It shall be unlawful for any person to keep or harbor a dog unless the premises, yard, house pen or enclosure is kept at all times in a clean, sanitary condition so as not to endanger public health, comfort or repose, and no person, other than a veterinarian or person operating an animal hospital, shall keep or allow to be kept more than two dogs over six months of age per dwelling unit on a village lot occupied as a one- or two-family residence, or, if the premises is not subdivided into village lots or occupied as a one- or two-family residence it shall be unlawful to keep or allow to be kept thereon more than one such dog for each 1/2 acre of land. [Added 6-15-1998 by L.L. No. 2-1998]

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§ 61-8. Additional dog control within defined residential areas.

Any dog that is within any such designated residential area shall be kept confined or shall be restrained by a leash that is no longer than eight feet in length, except when such dog is on his owner's property or on the private property of another person or persons, with the knowledge and consent of such person or persons.

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§ 61-9. Enforcement.

This article shall be enforced by the Dog Control Officer of the Town of Mendon or by such other law enforcement officers as are empowered to otherwise act in the Village of Honeoye Falls

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§ 61-10. Violations by dog.

Any dog which violates §§ 61-7 and 61-8 or which does not have a license may be impounded and taken to a place of detention designated by the Village Board and shall there be properly fed and cared for at the expense of the village until disposition thereof shall have been made in accordance with the provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New York.

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§ 61-11. Seizure.

  1. In the event that a dog seized bears a license tag, the person seizing the dog shall give the owner prompt notice stating that his dog has been seized, indicating when, where and why the dog was seized, and stating the dog will be destroyed or otherwise disposed of unless redeemed or unless a trial is duly demanded within seven days of notification by personal service or within nine days after notification has been sent by certified mail.
  2. Unlicensed dogs. In the event that a dog seized does not bear a current license tag and the owner is unknown or cannot be readily identified, the Dog Control Officer or other law enforcement officer shall be authorized to destroy or otherwise dispose of such dog within five days after its impoundment, unless the owner of the dog redeems such dog or demands a trial prior to the expiration of said five days.
  3. Redemption. In order to redeem a dog that has been seized, the owner shall pay the Village Clerk of the Village of Honeoye Falls such fees as are provided by § 118, Subdivision 4, of the Agriculture and Markets Law of the State of New York, together with such other fees or charges as may from time to time be established by resolution of the Village Board.

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§ 61-12. Complaints.

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 owner may file a signed complaint, under oath, with the Village Clerk of the Village of Honeoye Falls, and such complaint shall be referred by the Clerk to a Village Justice of the Village of Honeoye Falls, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name, if known, and the name of the owner or person harboring said dog, if known. Oral complaints made to the Dog Control Officer or Village Clerk must include the complainant's name and address and may be used only as the basis for an investigation by the Dog Control Officer or peace officer.

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§ 61-13. Procedure upon complaint.

Upon receipt by the Village Justice of any accusatory instrument, in writing, against the conduct of any particular dog, the Village Justice shall summon the alleged owner or person harboring said dog to appear in person before him. If the summons is disregarded, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such person. Following a hearing and a determination that a dog owner is in violation of §§ 61-7 and 61-8 of this article, the Justice may direct the owner to dispose of the offending dog outside of the village, or to deliver the same to the Dog Control Officer for humane destruction, and establish any penalty permitted by § 61-18 of this article.

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§ 61-14. Trial.

In the event that the owner of a dog charged with a violation of this article appears in Village Justice Court, a properly executed information shall be promptly filed, by the Dog Control Officer or other law enforcement officer, with the Village Justice so that the matter can be heard as expeditiously as possible. In the event that a defendant is found guilty of a violation of this article, the Village Justice may direct the defendant to pay for costs incurred by the village for the care of the dog while impounded and the redemption fee as provided in § 61-11C of this article.

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§ 61-15. Forfeiture of title to dog.

If an impounded dog is not redeemed or a trial is not demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Dog Control Officer or destroyed as hereinafter provided. In the case of sale, the purchaser must pay the purchase price to the Village Clerk and obtain a license for such dog.

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§ 61-16. Dogs destroyed; record.

  1. In the event that it becomes necessary to destroy a dog, the Dog Control Officer or other law enforcement officer shall arrange, through a veterinarian, for the destruction of the dog, cause the carcass to be disposed of and make a report, in writing, to the Village Clerk of such destruction. Said authorized personnel shall also have the authority to place such dogs with the Monroe County Humane Society.
  2. The Village Clerk shall keep a record of any dogs destroyed for one year.

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§ 61-17. No compensation for destroyed dog.

The owner, possessor or harborer of any dog destroyed under the provisions of this article shall not be entitled to any compensation for such dog, and no action shall be maintainable thereafter to recover the value of the dog.

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§ 61-18. Penalties for offenses.

A violation of this article shall be deemed an offense, and a person convicted of violation shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both, for each violation. Each day's continued offense shall constitute a separate violation. The Justice Court may further direct that the owner of the dog shall pay for part or all of the costs that may be incurred by the village as a result of seizure, impoundment and/or destruction of the dog. In addition, a dog declared by a Village Justice to be a dangerous dog may be ordered securely confined or destroyed.

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§ 61-19. Fees.

Fees for animal dog licenses and purebred licenses shall be established by the Mendon Town Board. Such fees may be modified by resolution of the Town Board, as it determines to be appropriate.

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