Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 1-3-1984 as L.L. No. 1-1984; amended in its entirety 7-18-1994 by L.L. No. 2-1994. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 85.
Peace and good order — See Ch. 90.

§ 39-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ANIMALS
Any type of domesticated animals, including, but not limited to, dogs, cats, birds, reptiles and fish.
ANNOYING ANIMAL
An animal which, when it is not on the premises of its owner, custodian or person harboring or controlling such animal, without provocation, harasses or threatens a person by growling, baring its teeth or otherwise in such a manner as would in a person of ordinary sensibilities create apprehension or fear of bodily injury or which by its conduct causes a hazard to vehicular traffic or which deposits animal waste on or damages or destroys the real or personal property of a person other than the owner, custodian or person harboring or controlling such animal.
AT LARGE
An animal which, when it is not on the premises of its owner, custodian, or person harboring or controlling such animal, is not on a leash and under the immediate control of such animal's owner, custodian, or person harboring or controlling such animal.
[Added 10-8-2013 by L.L. No. 6-2013]
DANGEROUS ANIMAL
An animal which, when not on the premises of its owner, custodian or person harboring or controlling such animal, has attacked a person or which, without provocation, attacks, worries or chases another animal in a place where such other animal may lawfully be.
DISTURBING PEACE
The continuous or intermittent barking, howling or the making of other loud noises by any animal for more than any fifteen-minute period or the continuous or intermittent barking, howling or the making of other loud noises by any animal for periods of less than 15 minutes but more than five minutes, which periods occur on two or more consecutive days, shall be deemed to be a disturbance of the peace.

§ 39-2 Animals at large.

It shall be unlawful for any person to permit an annoying or dangerous animal or an animal which disturbs the peace to be at large in the village. The fact that such an animal is at large in the village shall be sufficient to constitute a violation of this provision by the person who owns, harbors or keeps in his custody or control such animal.

§ 39-3 Animals which are dangerous or annoying or which disturb the peace.

It shall be unlawful for any person to own, harbor or keep in his custody or control any animal which behaves in an annoying or dangerous manner or which disturbs the peace.

§ 39-4 Complaints.

A. 
Any person who believes that an animal is dangerous, annoying or disturbing the peace, as defined herein, or at large in violation of this chapter may make a written complaint to an officer of the Old Brookville Police Department, who may issue an appearance ticket returnable in the Village Justice Court charging such owner, custodian or person harboring or controlling such animal with violating this chapter. Each complaint submitted to the Old Brookville Police Department shall include the date, time, place and manner in which the animal was dangerous, annoying, disturbing the peace or at large, together with the name and address of the owner, custodian or person harboring or controlling such animal, to the extent known or reasonably ascertainable.
B. 
Upon reasonable belief by an officer of the Old Brookville Police Department that an animal is dangerous, annoying or disturbing the peace, as defined herein, or at large in violation of this chapter, he may issue an appearance ticket returnable in the Village Justice Court charging such owner, custodian or person harboring or controlling such animal with violating this chapter.

§ 39-5 Situations requiring immediate action.

A. 
In the case of a dog which is a dangerous animal and which involves a situation requiring action necessary for the protection of any person or other animal, and in accordance with the provisions of § 121, Subdivision 4, of the Agriculture and Markets Law, any person may make a complaint under oath or affirmation to the Village Justice. Thereupon the Village Justice shall immediately determine if there is probable cause to believe the dog is a dangerous animal and, if so, shall issue an order to any dog control officer, peace officer acting pursuant to his special duties or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Justice finds that there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner, custodian or person harboring or controlling the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous animal, the Justice shall then order the owner, custodian, person harboring or controlling the dog or any dog control officer, peace officer acting pursuant to his special duties or police officer to destroy the dog immediately or shall order the owner, custodian or person harboring or controlling the dog to confine securely such dog permanently or for such time as otherwise specified in the order.
B. 
Any officer of the Old Brookville Police Department is authorized to destroy any animal when the officer has reason to believe that such act is necessary for the immediate protection of any person or any other animal.

§ 39-6 Judicial determinations.

Any dog which has been adjudicated by the Village Justice as being an annoying or dangerous animal or as disturbing the peace and which is thereafter found to be at large in the village in violation of § 39-2 of this chapter may be seized by the Town of Oyster Bay Animal Warden and thereafter confined and impounded in the Town of Oyster Bay Animal Shelter. Any such dog so impounded shall be confined and may be redeemed by the owner, custodian or person harboring or controlling such dog in accordance with the provisions of the Agriculture and Markets Law and the rules and policies of the Town of Oyster Bay Animal Shelter.

§ 39-7 Penalties for offenses.

If after a hearing before the Village Justice any animal has been found to be in violation of the provisions of this chapter, the owner, custodian or person harboring or controlling such animal shall be deemed to have committed an offense against this chapter punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment, for each such offense. In addition to the foregoing, the Village Justice, upon finding that an animal was dangerous, annoying, disturbing the peace or at large in violation of this chapter, may order such animal confined or removed from the village or make such other direction as the Village Justice deems appropriate to prevent recurrence of such behavior by the animal. If the owner, custodian or person harboring or controlling such animal fails to destroy or to confine the animal as required by the Village Justice, any officer of the Old Brookville Police Department may destroy such animal on or off the premises of the owner, custodian or person harboring or controlling such animal.

§ 39-8 Defecation on public or private property.

[Added 2-7-2011 by L.L. No. 1-2011]
A. 
No person owning, possessing, harboring or having custody or control of any animal shall permit such animal to defecate on any public street, road, or highway, including the rights-of-way thereof, or other public place, or on any private street that produces stormwater runoff that drains into a municipal separate storm sewer system, unless such feces are immediately removed in a sanitary matter.
B. 
No person owning, possessing, harboring or having custody or control of any animal shall permit such animal to defecate or urinate on private property without the consent of the owner or person in possession of such property. It shall be presumed that an animal defecating or urinating on private property does so without the consent of the owner or person in possession of such private property.
C. 
A violation of this § 39-8 shall be punishable by a fine of not less than $100 nor more than $500.

§ 39-9 Control of animals.

[Added 10-8-2013 by L.L. No. 6-2013]
Any person who is the owner, harborer or has custody or control of any animal shall:
A. 
Not permit any animal, except house cats, to be at large in the R1 (eight-thousand-square-foot) District as said district is defined in Chapter 129 of the Code of the Village of Mill Neck.
B. 
Not permit any animal, except dogs that are neither dangerous nor annoying, and house cats, to be at large in the E1 (five-acre) and R2 (three-acre) Districts as said districts are defined in Chapter 129 of the Code of the Village of Mill Neck.