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.
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.
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.
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.
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.
[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.
[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.