[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any type of domesticated animals, including, but not limited
to, dogs, cats, birds, reptiles and fish.
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.
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]
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
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.Â
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.Â
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.
[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:
