Village of Old Field, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Field as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hunting and trapping — See Ch. 53.
Noise — See Ch. 64.
Property maintenance — See Ch. 80.
Zoning and agriculture — See Ch. 121.
[Adopted 6-8-1971]

§ 5-1 Definitions.

[Amended 1-8-1974]
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any dog, licensed or unlicensed, cat, horse, pony or other animal commonly kept as a household pet.
AT LARGE
Any animal when he is off the property of his owner and not under the restraint of and obedient to the orders of a competent person of suitable age and discretion.
OWNER
Any person, group of persons or corporation owning, harboring or keeping an animal. The issuance to any person, group of persons or corporation of a license for such animal shall be presumptive evidence that such person, group of persons or corporation is the owner of such animal.
RESTRAINT
Any animal if he is controlled by a leash, at heel beside a competent person of suitable age and discretion and obedient to the orders of that person, on or within a vehicle driven or parked on the streets or within the property limits of this owner, keeper or harborer.

§ 5-2 Running at large.

[Amended 1-8-1974]
No person owning, harboring or having the control or custody of any animal shall permit such animal:
A. 
To run at large in the Incorporated Village of Old Field elsewhere than on the premises of such person or on the premises of another person with the consent of such other person.
B. 
To be at any time on any street, highway, park or public place in the incorporated village unless fully controlled, by the owner or some other person of adequate age and discretion, by means of a rope, leash, bridle or other similar device.
C. 
To be at any time on any beach in the incorporated village used for bathing purposes between the first of April and the first of November. For purposes of this section "beach" shall mean that portion of the sand lying between the high and low watermarks.[1]
[1]
Editor's Note: See also Ch. 70, Parks and Beaches.

§ 5-3 Nuisances prohibited.

[Amended 1-8-1974; 11-14-2000 by L.L. No. 6-2000; 7-13-2010 by L.L. No. 5-2010]
A. 
No person owning, possessing, harboring or having custody or control of any animal shall permit or allow such animal to disturb the comfort, peace or repose of a reasonable person of normal sensitivities in the vicinity by continued or frequent noise or odor.
B. 
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 manner.
(1) 
The feces removed shall be disposed of in a sealed, nonabsorbent, leakproof container or bag. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary
[Added 12-8-2015 by L.L. No. 4-2015]
C. 
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.

§ 5-4 License required for dogs.

No person shall own, harbor or have the control or custody of a dog within the incorporated village unless and until such dog has been duly licensed pursuant to the provisions of the Agriculture and Markets Law.

§ 5-5 Horses.

[Added 1-8-1974]
A. 
The housing or harboring of horses or equine livestock shall be permitted in the Village of Old Field on the following conditions:
(1) 
Such housing or harboring shall be an accessory to the principal use of the property as a residence.
(2) 
Such activity shall be conducted for the use of the residents only.
(3) 
The boarding or rental of horses or other equine livestock shall not be permitted.
(4) 
No horse or other type of equine livestock shall be housed or harbored on any plot less than one acre in size, and no more than one horse or other type of equine livestock shall be permitted per acre or major fraction thereof, in no event to exceed eight horses.
B. 
No barns, stables or other roofed structure or accessory building for the sheltering of horses shall be located within 25 feet of any side yard line or rear yard line, nor shall any such structure be located within the front yard which lies between the principal residential structure and the street.
C. 
All corrals, runs or other open areas shall be enclosed by the standard split rail fence at least five feet in height, unless otherwise approved by the Building Inspector. Such fence shall be located at least 25 feet from any side yard line or rear yard line and shall not be located within any front yard which lies between the principal residential structure and the street.
D. 
There shall be at least 100 square feet of barn or stable area for each horse or other equine livestock.
E. 
Manure shall be kept in enclosed containers, pits or similar enclosures at least 50 feet away from all adjoining property lines.
F. 
All premises where horses or other equine livestock are housed or harbored shall conform to all standards and requirements of the Suffolk County Department of Health and the Suffolk County Sanitary Code.

§ 5-6 Penalties for offenses.

A. 
The enactment hereof or any prosecution hereunder shall not be deemed to prohibit an action for the recovery of damages or penalties for the violation hereof or under § 126 of the Agriculture and Markets Law.
B. 
Except as provided in Subsection C, any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 11-19-1985 by L.L. No. 2-1985]
C. 
Violations of the provisions of §§ 5-2A and B and 5-4 shall be punishable as provided in the Agriculture and Markets Law § 119.
[Added 11-19-1985 by L.L. No. 2-1985]
[Adopted 12-8-2015 by L.L. No. 3-2015]

§ 5-7 Legislative intent.

It is the intent of this article to protect the health, safety, and welfare of the community and its wildlife by prohibiting the feeding of migratory, nonmigratory, or resident waterfowl within publicly owned land or waterways of the Village of Old Field. The feeding of waterfowl increases the potential for damage to lands; can cause water quality problems, beach closures, and contamination of shellfish growing areas; and increases the potential for the spread of disease to residents. In addition, it is the intent of this article to protect the welfare of the waterfowl themselves, since wildlife studies have shown that the feeding of waterfowl can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of serious waterfowl diseases such as avian influenza, avian cholera, plague, and botulism.

§ 5-8 Definitions.

The terms used in this article or in documents prepared or reviewed under this article shall have the meaning set forth in this section:
FEED OR FEEDING
To place, deposit, scatter, or distribute in a location accessible to waterfowl any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PUBLICLY OWNED PROPERTY
Any land which is owned, maintained, leased or managed by the Village of Old Field for any purpose whatsoever, including but not limited to, parks, preserves, beaches, and marinas.
WATERFOWL
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, and are either migratory, nonmigratory, or resident fowl.
WATERWAYS
A general term referring to lakes, ponds, streams, creeks, rivers, stormwater basins, and harbors.

§ 5-9 Prohibited conduct.

It shall be unlawful for any person to:
A. 
Feed or provide food for any waterfowl on publicly owned lands or waterways within the Incorporated Village of Old Field at any time of year.
B. 
Create any condition which results in a congregation of waterfowl on Village property which results in:
(1) 
An accumulation of waterfowl feces or droppings;
(2) 
Damage to flora, fauna, or property;
(3) 
A threat or nuisance to the public health, safety, or welfare;
(4) 
A threat to the health, safety, or welfare of said waterfowl.

§ 5-10 Enforcement.

The provisions of this article shall be administered and enforced by Village Code Enforcement Officers and other Village personnel who have the power to issue appearance tickets; provided, however, that for the first year after the effective date of this article, such personnel shall only issue warnings for violations of this article.

§ 5-11 Penalties for offenses.

Any person who violates or neglects to comply with any provision of this article shall, upon conviction thereof, be liable for a penalty of not less than $50 nor more than $250 for each violation.