[Adopted 3-11-1996 by L.L. No. 2-1996 (Ch. 52, Art. III, of the 1981 Code)]
This article is adopted to protect the health,
safety and well-being of persons and property in the Village of Great
Neck Estates by imposing restrictions on the keeping or harboring
of wild or exotic animals within the Village. The Board of Trustees
finds that the harboring or keeping of wild or exotic animals may
be offensive to other residents of the Village so as to constitute
a public nuisance and may pose a threat to persons and property within
and without the Village.
As used in this article, the following terms
shall have the meanings indicated:
Any and all types of animals, both domesticated and wild,
male and female, singular and plural.
To keep or contain upon public or private property or to
permit another to keep or contain upon public or private property.
Any species of animal whose natural or usual habitat is either
in the wild or in a zoo, as opposed to a domesticated environment,
regardless of whether such animal poses an actual or apparent threat
to persons, other animals or property, and any species of animal which,
as a matter of common knowledge, is naturally ferocious, unpredictable,
dangerous and mischievous. The following animals, the ownership of
which is normally legal, and which are normally found within a domesticated
environment, are specifically declared not to be "wild or exotic animals"
subject to regulations under this article: dogs; cats; tropical birds
such as canaries, parakeets, parrots and myna birds; guinea pigs;
gerbils; hamsters; white mice; turtles other than snapping turtles;
tropical fish; and nonpoisonous snakes.
[Amended 11-12-2012 by L.L. No. 12-2012]
No person shall harbor a wild or exotic animal
within the Village of Great Neck Estates, except as permitted by this
article.
A.
Applications for permits to harbor a wild or exotic
animal shall be submitted, in writing, to the Village Clerk, who shall
maintain a permanent record of such applications and the disposition
of each such application.
B.
Each such application shall include identification
of the applicant and the person who proposes to harbor such wild or
exotic animal, the nature and species of such animal, a description
of the characteristics of such animal and its propensity or ability
to cause harm to persons or property and the location where the wild
or exotic animal is to be harbored, a list of any other wild or exotic
animals harbored or proposed to be harbored at the same location,
and the consent of all owners of such location. Such application shall
be accompanied by such fee as may be prescribed by the Board of Trustees,
by resolution.
C.
Upon receipt of a complete application, the Village
Clerk shall notify the Board of Trustees, which shall schedule a public
hearing for the purpose of hearing all interested persons as to whether
a permit should be issued to permit the harboring of the wild or exotic
animal.
D.
The applicant shall give notice of such public hearing
to all owners of property located within 500 feet of the boundaries
of the property where it is proposed to harbor the wild or exotic
animal.
E.
Notice of such public hearing shall be published by
the Village, at the applicant's expense, in the Village's official
newspaper designated for such purpose, at least 10 days before the
commencement of such hearing.
A.
The Board of Trustees shall not grant any permit pursuant
to this article, without first having determined that:
(1)
The wild or exotic animal does not constitute a present
or future threat to the safety and well-being of the residents of
the Village, their animals or property.
(2)
Such animal does not constitute a nuisance to those
who may be exposed to it including but not limited to, the immediate
neighbors of the harborer of such animal. A wild or exotic animal
shall be deemed a nuisance if it or methods to care for it are unsightly
or are likely to create offensive sounds or odors. A wild or exotic
animal shall also be deemed a nuisance if exposure to it creates a
reasonable apprehension of danger.
(3)
The harborer of such animal has the ability to provide
a safe, healthy and humane environment for the animal and to prevent
its escape from confinement.
(4)
The ownership or harboring of such animal is otherwise
permitted by law.
B.
In granting any such permit, the Board of Trustees
may impose reasonable restrictions, including, without limitation,
restrictions as to the duration of such permit and as to the portions
of the premises where the animal is to be harbored.
C.
Upon the approval of the Board of Trustees, the Village
Clerk shall issue a permit to the applicant, which permit shall clearly
state the conditions, if any, imposed by the Board of Trustees upon
such permit. The permit shall also state that it is subject to revocation
as provided in this article.
Notwithstanding any other provisions of this article, prior to the commencement of any public hearing pursuant to this article, the Board of Trustees may waive the requirement for a public hearing after review of any application for a permit pursuant to this article where the Board makes a determination that each of the criteria in § 86-13A have been met. In such instance, the Village Clerk shall issue the requested permit without conditions, except that such permit shall be subject to revocation by subsequent action of the Board of Trustees, after public hearing held in accordance with the procedural provisions of § 86-12 of this article and after a determination by the Board of Trustees that the criteria set forth in § 86-13A have not been met.
In addition to any other procedure for revocation of permits as provided in this article, the Board of Trustees may at any time, and shall upon written petition of at least 10 residents of the Village, hold a public hearing, on notice to a permit holder and under the same procedure as provided in § 86-12 hereof, to determine whether a permit shall be revoked. After conclusion of such hearing, the Board of Trustees may revoke such permit where the Board finds that the standards for permit approval are not or have not been, or that the conditions of an approval have not been complied with, or impose new or additional conditions where the Board finds the same to be reasonable and appropriate.
A.
In any case where no valid permit has been issued
or is outstanding to harbor a wild or exotic animal, such animal may
immediately be seized by a person or persons authorized by the Mayor
or Board of Trustees, or by any police officer. In such case, the
person seizing such animal shall transport or deliver such animal
or animals to an appropriate agency or facility equipped and authorized
by law to possess such animal or animals, including a public or private
zoo or society for the prevention of cruelty to animals.
B.
Whenever any animal shall be seized pursuant to this
section, such seizure shall be promptly reported to the owner or harborer
of such animal by reasonable means, if such owner or harborer can
reasonably be ascertained and located.
C.
Within a reasonable time after seizure of such animal
and written request from the owner or harborer of such animal, the
Mayor shall hold a public hearing to determine if the seizure was
proper. Notice of such hearing shall be given by the Village by publication.
If the Mayor shall determine after public hearing that the seizure
was proper, title to the animal shall be forfeit to and shall vest
in the Village, which may then dispose of the animal in such manner
as may be determined by the Board of Trustees. If the Mayor shall
determine after public hearing that the seizure was improper, the
Mayor shall direct the return of such animal to the owner or harborer
thereof.
All actions of the Mayor or the Board of Trustees
pursuant to this article shall be reviewable pursuant to Article 78
of the Civil Practice Law and Rules, which shall be the exclusive
remedy of persons aggrieved by such action.
