Chapter 89

Chapter 89

ANIMALS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia: Art. I, 6-13-1879; Art. II, 10-10-1977 as L.L. No. 7-1977, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. III, 12-8-1980 as L.L. No. 4-1980. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 201.

ARTICLE I
Animals at Large; Dead Animals
[Adopted 6-13-1879]

~ 89-1. Dogs to be leashed. [Amended 12-28-1964]

Every dog, whether or not tagged or licensed, while off the owner’s premises, shall be restrained by a chain or leash not exceeding six feet in length and in the charge of and under the control of a competent person.

~ 89-2. Seizure of unrestrained dogs. [Amended 12-28-1964 ]

Every dog not so restrained and found off the owner’s premises shall be seized and disposed of in accordance with the provisions of ~ 118 of the Agriculture and Markets Law of the State of New York.

~ 89-3. Animals running at large; impounding.

A. No person shall allow any horse, mule, cattle, sheep, swine or geese to run at large within the corporate limits of the village at any time.

B. It shall be lawful for any person or persons who may find any such animal or animals named in the preceding subsection running at large contrary to the provisions thereof to impound the same in the common pound of the village.

C. It shall be the duty of the keeper of such pound to receive such animal or animals and safely keep and supply them with food and drink until they shall be disposed of as hereinafter directed.

~ 89-4. Redemption of impounded animals.

If, within five days next after the impounding of any animal named in ~ 89-3, any person shall make claim thereto and shall make satisfactory proof to the poundkeeper of his title thereto or right to reclaim the same and shall pay to the poundkeeper the sum as set by resolution of the Board of Trustees for each day during the time he shall have kept and fed any such animal and the sum as set by resolution of the Board of Trustees per head for each of such animals for the use of the person who shall have delivered the same to him, then the poundkeeper shall deliver the animal or animals so claimed to the claimant.

~ 89-5. Unauthorized release of animals.

Every person who shall take or release or who shall aid, abet or assist in taking or releasing from the pound or from the custody of the poundkeeper any animal placed therein pursuant to the provisions of ~ 89-3 without compliance with the provisions of ~ 89-4 shall pay a fine as provided in this Article for each animal so taken or released contrary to the provisions of ~ 89-4.

~ 89-6. Sale of unclaimed animals; proceeds.

A. If any of the animals impounded as provided in ~ 89-3 shall not be claimed or redeemed as hereinbefore provided, within the five days next after the same shall have been delivered to the poundkeeper, it shall be his duty to sell the same at public auction to the highest bidder after giving five days’ previous notice of the time and place of such sale, which notice shall describe the animals to be sold and be posted in at least five public places in the village.

B. Out of the proceeds of such sale he shall be entitled to retain 5% of the amount collected on such sale for his services in advertising and attending such sale, together with the expenses of impounding, feeding and keeping such animal or animals as hereinbefore provided. If any surplus remains after paying the charges mentioned in this section, he shall pay the same to the Treasurer of the village, and his receipt therefor shall discharge the poundkeeper from liability on account thereof.

~ 89-7. Settlement of disagreements.

If any disagreement or controversy shall arise between the poundkeeper and any claimant of such animal or animals, the disagreement shall be settled by the President of the village.

~ 89-8. Burial of dead animals. [Amended 12-9-1996 by L.L. No. 8-1996]
If any animal shall die or be found dead within the corporate limits of the village, any inhabitant thereof may give notice, either verbally or in writing, to the owner of such animal or to the owner or occupant who shall neglect to remove or bury any such animal from his property; and any such owner or occupant who shall neglect to remove or bury any such dead animal in manner aforesaid for the space of three hours after the giving of such notice shall be punished as provided in ~ 89-9 of this article.

~ 89-9. Penalties for offenses. [Amended 12-28-1964; 12-9-1996 by L.L. No. 8-1996]

Except as provided in Article 7 of the Agriculture and Markets Law, the owner of any dog or animal who violates or permits the violation of this article shall be subject to a fine of not more than $250 or by imprisonment of not more than 15 days, or by both such fine and imprisonment for each violation.

ARTICLE II
Redemption of Dogs
[Adopted 10-10-1977 by L.L. No. 7-1977; amended in
its entirety 12-9-1996 by L.L. No. 8-1996]

~ 89-10. Title.

This article shall be entitled “A Local Law Authorizing the Village of Fredonia to Set a Fee for the Redemption of Dogs Seized Pursuant to ~ 118 of the Agriculture and Markets Law of the State of New York.”

~ 89-11. Authority to establish redemption fees.

The Village of Fredonia is hereby empowered and authorized to set a fee for the redemption of dogs seized within the Village of Fredonia as set forth in ~ 118 of the Agriculture and Markets Law of the State of New York.

~ 89-12. Redemption fees; failure to redeem dogs.

The owner of or harborer of a dog seized pursuant to ~ 118 of the Agriculture and Markets Law of the State of New York shall pay a fee to the Clerk of the Village of Fredonia for the redeeming of said dog in the sum of $14.50 for the first day the dog is seized and an additional $4.50 per day thereafter. Note: Dogs not redeemed within the time period set forth in ~ 118 of the Agriculture and Markets Law (presently seven days, if unlicensed, and 12 days, if licensed) are sold or destroyed as provided in said law.

ARTICLE III
Damages and Disturbances Caused by Dogs
[Adopted 12-8-1980 by L.L. No. 4-1980]

~ 89-13. Title.
This article shall be entitled “A Local Law Prohibiting Damage or Disturbance by Dogs.”

~ 89-14. Responsibility of owner. [Amended 5-24-1999 by L.L. No. 4-1999]

The owner of a dog or any person having custody or control of the dog is guilty of a violation of this article when such person allows, permits or recklessly creates a risk that such leashed or unleashed:

A. Damages or defaces property not belonging to the owner.

B. Howls or barks so as to disturb or annoy any person or persons.

C. Deposits any waste on the property of a person, firm or corporation or any other entity (including public property), except on the premises of the owner of the dog. There will be no violation of this section if the person having custody, control or ownership of the dog immediately removes all the waste.

~ 89-15. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]

Except as provided in Article 7 of the Agriculture and Markets Law, any person who shall violate any provision of this article shall be guilty of an offense and, upon conviction, shall be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both.

~ 89-7. Settlement of disagreements.

If any disagreement or controversy shall arise between the poundkeeper and any claimant of such animal or animals, the disagreement shall be settled by the President of the village.

~ 89-8. Burial of dead animals. [Amended 12-9-1996 by L.L. No. 8-1996]

If any animal shall die or be found dead within the corporate limits of the village, any inhabitant thereof may give notice, either verbally or in writing, to the owner of such animal or to the owner or occupant who shall neglect to remove or bury any such animal from his property; and any such owner or occupant who shall neglect to remove or bury any such dead animal in manner aforesaid for the space of three hours after the giving of such notice shall be punished as provided in ~ 89-9 of this Article.

~ 89-9. Penalties for offenses. [Amended 12-28-1964; 12-9-1996 by L.L. No. 8-1996]

Except as provided in Article 7 of the Agriculture and Markets Law, the owner of any dog or animal who violates or permits the violation of this Article shall be subject to a fine of not more than $250 or by imprisonment of not more than 15 days, or by both such fine and imprisonment for each violation.

ARTICLE II
Redemption of Dogs
[Adopted 10-10-1977 as L.L. No. 7-1977; amended in
its entirety 12-9-1996 by L.L. No. 8-1996]

~ 89-10. Title.

This Article shall be entitled “A Local Law Authorizing the Village of Fredonia to Set a Fee for the Redemption of Dogs Seized Pursuant to ~ 118 of the Agriculture and Markets Law of the State of New York.”

~ 89-11. Authority to establish redemption fees.

The Village of Fredonia is hereby empowered and authorized to set a fee for the redemption of dogs seized within the Village of Fredonia as set forth in ~ 118 of the Agriculture and Markets Law of the State of New York.

~ 89-12. Redemption Fees; failure to redeem dogs.

The owner of or harborer of a dog seized pursuant to ~ 118 of the Agriculture and Markets Law of the State of New York shall pay a fee to the Clerk of the Village of Fredonia for the redeeming of said dog in the sum of $14.50 for the first day the dog is seized and an additional $4.50 per day thereafter. Note: Dogs not redeemed within the time period set forth in ~ 118 of the Agriculture and Markets Law (presently seven days, if unlicensed, and 12 days, if licensed) are sold or destroyed as provided in said law.

ARTICLE III
Damages and Disturbances Caused by Dogs
[Adopted 12-8-1980 as L.L. No. 4-1980]

~ 89-13. Title.

This article shall be entitled “A Local Law Prohibiting Damage or Disturbance by Dogs.”

~ 89-14. Responsibility of owner. [Amended 5-24-1999 by L.L. No. 4-1999]

The owner of a dog or any person having custody or control of the dog is guilty of a violation of this article when such person allows, permits or recklessly creates a risk that such leashed or unleased:

A. Damages or defaces property not belonging to the owner.

B. Howls or barks so as to disturb or annoy any person or persons.

C. Deposits any waste on the property of a person, firm or corporation or any other entity (including public property), except on the premises of the owner of the dog. There will be no violation of this section if the person having custody, control or ownership of the dog immediately removes all the waste.

~ 89-15. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]

Except as provided in Article 7 of the Agriculture and Markets Law, any person who shall violate any provision of this Article shall be guilty of an offense and, upon conviction, shall be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both.