Village of Sands Point, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 12-20-2011 by L.L. No. 1-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. 82.
Noise — See Ch. 110.
Parks — See Ch. 116.
Zoning — See Ch. 176.
[1]
Editor's Note: This local law also repealed former Ch. 72, Dogs and Other Animals, which was comprised of Art. I, Dog Control, adopted 10-18-1989 by L.L. No. 4-1989, as amended, and Art. II, Feeding of Waterfowl, adopted 2-15-2011 by L.L. No. 5-2011.

§ 72-1 Running at large prohibited; leashing required.

No person who owns, possesses or harbors a dog (male or female) shall permit, allow, suffer or tolerate such dog, whether or not tagged or licensed, to run loose or at large in the Village of Sands Point except on the premises of the owner or on the premises of another with his or her consent, and no such dog shall be permitted at any time to be within the Village except on the premises of the owner or on the premises of another with his or her consent unless effectively restrained in the immediate custody of the owner or custodian of the dog by a chain or leash not exceeding six feet in length.

§ 72-2 Presumptive evidence of failure to restrain; electric fences.

A. 
Any person owning, possessing or harboring a dog in the Village of Sands Point, whether or not tagged or licensed, who shall fail to exercise due care in preventing such dog from running loose and at large shall be guilty of a violation of this article. The presence of any dog which is loose and at large shall be presumptive evidence that the person who owns, possesses or harbors such dog suffers or tolerates it to be loose and at large in violation of this article and shall be presumptive evidence that such person has failed to exercise due care in preventing such dog from running loose and at large in violation of this article.
B. 
The use of electric dog fences or similar devices intended to prevent dogs from escaping the premises is permitted but such devices must be located and operational no closer than 15 feet from any street line. Notwithstanding this prohibition, any electric dog fences or similar devices in existence at the time of the adoption of this article that do not conform to the requirements of this section may continue to be maintained in place. However, such fences and devices may only be modified, relocated or reinstalled in full compliance with this section.

§ 72-3 Seizure of unrestrained dogs.

Any dog, whether or not tagged or licensed, found at large in the Village of Sands Point and not under effective restraint by a chain or leash not exceeding six feet in length as aforesaid may be seized by the duly appointed Dog Warden of the Town of North Hempstead and shall be impounded at the Town's animal shelter until redemption, adoption or destruction.

§ 72-4 Notice to owner of seized dog.

If the dog seized bears a license tag, the Dog Warden of the Town of North Hempstead or an officer or representative of the Village of Sands Point shall ascertain the owner of the dog and shall give immediate notice by either personally or in writing serving on such owner or an adult member of such owner's family a notice stating that the dog has been seized and will be sold or otherwise disposed of unless redeemed within the period provided in § 72-5 hereof.

§ 72-5 Redemption of seized dogs; disposition of unredeemed dogs.

The owner of a dog seized by the Dog Warden of the Town of North Hempstead and kept in the Town animal shelter may redeem said animal as stated in the Town's redemption procedures, including but not limited to the fee schedule relating to such redemptions. If not so redeemed, the owner shall forfeit all title to the dog and the dog shall be offered for adoption or destroyed.

§ 72-6 Sanitary care of dogs required; noise; pet waste.

A. 
Any dog or dogs harbored or kept by any person on any premises owned or occupied in whole or in part by such person within the corporate limits of the Village of Sands Point shall be cared for, maintained and handled in a manner which shall be sanitary and shall not cause frequent or long-continued noise so as to disturb the comfort or repose of any person or persons in the vicinity.
B. 
It shall be unlawful for a dog to defecate or urinate on public property, except on a public street, or on private property other than its owner's without the consent of the owner or persons in possession of such private property.
(1) 
A person owning or possessing a dog which defecates or urinates as prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section. It shall be presumed that a dog defecating or urinating on private property of a person other than a dog's owner or possessor does so without the consent of the owner or person in possession of such private property.
(2) 
The owner or possessor of any dog shall immediately remove all feces deposited by said dog by placing such feces in a plastic bag, which shall be sealed and deposited in a covered garbage receptacle.

§ 72-7 Number of dogs permitted; multidog special permit.

A. 
It shall be unlawful for any real property owner or resident in the Village of Sands Point to harbor more than seven dogs of any type or breed at any property within the Village at any given time, without a special permit obtained pursuant to Subsection D hereof.
B. 
Litters. Any individual breeding of any type or breed of dogs on any property within the Village of Sands Point shall have six months from the date a litter is born to comply with § 72-7A of this chapter.
C. 
Compliance. Any person(s) harboring more than seven dogs of any type or breed on any property in the Village of Sands Point at the effective date of this article shall have one year therefrom to comply with § 72-7A of this chapter or obtain a multidog permit pursuant to Subsection D.
D. 
Multidog permit.
(1) 
An owner of real property located within the corporate limits of the Village of Sands Point may apply for a multidog permit to have more than seven dogs harbored on such owner's premises to be housed predominantly within the residence of such owner. The Village Clerk may issue a multidog permit only upon approval of a multidog permit application by the Board of Appeals, after a public hearing and following inspection of the premises. The fees and procedure to obtain approval from the Board of Appeals shall be the same as those provided for an area variance in Chapters 82 and 176, respectively. The Board of Appeals or its designated representative(s) shall inspect the premises and shall apply the following criteria in determining whether to approve, deny or condition the issuance of the multidog permit, which multidog permit shall specify the number of dogs permitted:
(a) 
Capacity of the owners to provide sufficient food and water for the dogs.
(b) 
Capacity of the owners to limit barking by the dogs.
(c) 
Sufficient housing for the dogs.
(d) 
Capacity of the owners to maintain the dogs in a clean manner.
(e) 
Capacity of the owners to provide necessary veterinary care for the dogs.
(f) 
Capacity of the owners to provide housing which does not subject the dogs to extreme temperatures.
(g) 
Capacity of the property to protect the quiet enjoyment of neighboring property owners.
(h) 
Whether the dogs are spayed or neutered.
(2) 
The Village Code Enforcement Officer shall have the right to periodically inspect the premises that have been issued a multidog permit, at least once a year, to ensure that the owner maintains the standards required for the issuance of the multidog permit.
(3) 
Fee for multidog permit; renewal.
(a) 
The fee for the issuance and renewal of a multidog permit shall be $100.
(b) 
The multidog permit shall be renewable every two years by the Village Clerk upon a finding that the criteria in Subsection D(1) hereof continue to be met, consistent with the approval of the Board of Appeals.

§ 72-8 Issuance of appearance tickets; reports of violations.

A. 
The Animal Warden, a police officer, a Code Enforcement Officer or an official observing a violation of any section of this article may issue and serve an appearance ticket for such violation.
B. 
Any person observing a violation of any section of this article may personally appear at the Village Police Department and report such violation. Said person may also sign and swear to the appropriate accusatory instrument as required by law and thereby commence prosecution of the alleged violator.

§ 72-9 Dangerous dogs.

A. 
Definitions. The words hereinafter defined shall have the meanings herein indicated for the purposes of this section:
(1) 
Any dog which:
(a) 
Without justification attacks a person, companion animal as defined in the New York State Agricultural and Markets Law, farm animal as defined in the New York State Agricultural and Markets Law or domestic animal as defined in the New York State Agricultural and Markets Law and causes physical injury or death; or
(b) 
Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or
(c) 
Without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death.
(2) 
"Dangerous dog" does not include a police work dog, as defined in the New York State Agricultural and Markets Law, which acts in the manner described in this definition while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
B. 
Findings and purpose. Dangerous dogs are potentially hazardous to the community and its residents. The purpose of this section is to regulate the licensing, ownership, keeping, harboring, care, confinement and humane euthanasia of dogs with dangerous propensities in an effort to safeguard and promote the health, safety and welfare of the community and its residents.
C. 
Registration required. Within 30 days of the effective date of this chapter and at any time thereafter, a dog adjudicated as being dangerous which is owned or harbored within the corporate limits of the Village of Sands Point must be registered with the Village Clerk. The registration forms shall contain the following information:
(1) 
The name of the applicant.
(2) 
The name of the owner of the dangerous dog if different from the applicant.
(3) 
The address where the dangerous dog will be kept.
(4) 
The number of dangerous dogs to be kept or housed on the premises.
(5) 
The exact location of the property where the dangerous dogs will be kept.
(6) 
The method to be used to secure or restrain the dangerous dogs on the property.
(7) 
A description of each animal for identification purposes.
D. 
Fees and insurance.
(1) 
The fee for registering a dangerous dog shall be as provided in Chapter 82, Fees and Deposits.
(2) 
Insurance. All owners, keepers or harborers of dangerous dogs shall, within 30 days of the effective date of this chapter, provide proof to the Village Clerk of public liability insurance from an insurance company authorized to do business in the state in a single-incident amount of no less than $100,000 for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of dangerous dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a thirty-day written notice is first given to the Village Clerk. The owner or custodian of the animal shall produce evidence of the required insurance upon request of a law enforcement officer, animal patrol officer or public official.
E. 
Confinement and restraint. The following regulations shall apply upon imposition of options by a court of competent jurisdiction pursuant to § 123-2 of the Agricultural and Markets Law:
(1) 
All dangerous dogs shall be securely confined indoors or in a secure, enclosed and locked pen or kennel. The pen, kennel or structure shall be in the rear yard, shall be at least 50 feet from the property lines and have secure sides of six feet in height, and a construction permit shall be required from the Building Department. The structure shall be locked when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the structure and have a conspicuous sign displaying the words "dangerous dog" in letters no less than four inches high and one inch wide, visible at 50 feet, and the name and telephone number of the person owning, harboring or in control of said dangerous dog.
(2) 
No person, owner or harborer of a dangerous dog shall permit such dog outside its pen, kennel or structure unless the dog is securely leashed, with a leash no longer than four feet in length.
(3) 
No person, owner or harborer of a dangerous dog shall permit such dog outside its pen, kennel or structure unless it is muzzled in such a manner that it cannot bite.
(4) 
No person, owner or harborer shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless such person is in physical control of the leash. The dog may not be leashed to inanimate objects, such as trees, posts and buildings, outside of its kennel.
(5) 
No person under the age of 21 years of age shall own, control, attempt to control or walk a dangerous dog.
(6) 
No person shall walk more than one dangerous dog at a time.
(7) 
Confinement indoors. No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in the house or structure when the windows are open or when screen windows or screen doors are the only obstacle in preventing the dog from exiting the structure.
(8) 
Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in the New York State Agricultural and Markets Law, farm animal as defined in the New York State Agricultural and Markets Law or a domestic animal as defined in the New York State Agricultural and Markets Law to a dog control officer or police officer of the Village of Sands Point. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided for in Subdivision 2 of § 123 of the New York State Agricultural and Markets Law, and if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
(9) 
Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a dangerous dog registered with the Village of Sands Point to any person within the Village unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of a dangerous dog may sell or otherwise dispose of a dangerous dog or the offspring of such dog to persons who do not reside within the Village.
(10) 
An exception to these confinement requirements is hereby provided for any dog in attendance at and participating in any lawful dog show, contest or exhibition sponsored by a dog club, association, society or similar organization.
F. 
Violations and penalties. Any person who shall violate the provisions of this section shall, upon conviction, be fined not less than $250 for each violation and no more than $1,000 and/or imprisoned for a term not to exceed six months, or both, at the discretion of the court. Each day said dangerous dog shall be unregistered shall constitute a separate offense, provided a new accusatory instrument is issued. Each day that a sign shall not be posted shall constitute a separate offense.
G. 
Time for compliance of dogs adjudicated dangerous.
(1) 
All persons subject to this section shall have 30 days from the effective date of this article to comply with all confinement, registration and liability insurance requirements.
(2) 
No dangerous dogs may be sold, purchased, obtained, brought into the Village of Sands Point or otherwise acquired by residents of the Village anytime after the passage of 90 days after the effective date of this article. No such newly acquired dangerous dogs may be kept, maintained or otherwise harbored within the Village, and each day any such newly acquired dangerous dog is so kept, maintained or harbored shall constitute a separate violation of this section.
(3) 
Failure to register a dangerous dog as required by this section within the ninety-day grace period shall be prima facie evidence that the dog is a newly acquired dog.
H. 
Humane euthanasia. Upon finding a dog to be dangerous pursuant to and in accordance with § 123 of the New York State Agricultural and Markets Law and this law, the Court may order that any dangerous dog be subjected to humane euthanasia or permanent confinement after appropriate proceedings and the establishment of an aggravated circumstance, as set forth in § 123 of the New York State Agricultural and Markets Law, at the owner's expense.
I. 
Neutering. Any dog adjudicated to be dangerous, may be required to be spayed or neutered by the Court.

§ 72-10 Penalties for offenses.

Every person convicted of a violation of this article for which another penalty is not provided shall, for each violation, be fined not less than $250 and not more than $1,000 and/or imprisoned for a term not to exceed 15 days, or both, at the discretion of the court. Each week, or part thereof, on which any such violation shall exist shall be deemed a separate additional violation, provided that a new accusatory instrument is issued.

§ 72-11 Legislative intent.

A. 
The Board of Trustees recognizes that the artificial feeding of waterfowl may be harmful to these animals and can cause poor nutrition, increased hybridization, water pollution, beach closures, contamination of shellfish growing areas, delayed natural migration, high concentrations of waterfowl at unnatural sites, overcrowding, spread of disease, costly management efforts, unnatural behavior and cumulative negative environmental impacts.
B. 
It is hereby found by the Board of Trustees that the NYSDEC has directed MS4s, including the Village of Sands Point, to prohibit goose feeding in efforts to assist compliance with the Clean Water Act.

§ 72-12 Definitions.

Unless otherwise expressly stated in this article, the following terms shall have the following meanings:
DOMESTIC WATERFOWL
Those species of birds commonly known as white ducks, barnyard geese, Muscovy ducks and any other geese and ducks bred by man but not any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service and or the New York State Department of Environmental Conservation.
FEED
To give, place, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting or enticing migratory or domestic waterfowl.
MIGRATORY
Those species of birds commonly known as swans, geese, and ducks, and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service.
PERSON
Any individual, company, partnership, corporation, limited partnership, joint venture, or other legal entity.
VILLAGE PROPERTY
Any land which is owned, maintained, leased, or managed by the Village of Sands Point for any purpose whatsoever, including, but not limited to, parks, preserves, beaches and drains.

§ 72-13 Prohibition and regulation.

A. 
No person shall feed or provide food for any migratory waterfowl anywhere within the Village of Sands Point at any time of the year.
B. 
No person shall feed or provide food for any domestic or migratory waterfowl on Village property at any time of the year.

§ 72-14 Penalties for offenses.

A violation of this article shall be punishable by a fine of not less than $250 or more than $500 for a first offense. Any subsequent violation occurring within five years of the date of such first violation shall be punishable by a fine of not less than $500 or more than $750.

§ 72-15 Applicability.

The provisions of this article shall not apply to property owned by or under the jurisdiction of other municipal authorities, the State of New York and any agency thereof, or the government of the United States of America.