[HISTORY: Adopted by the Board of Trustees of the Village of Oyster Bay Cove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
[Adopted 10-25-1988 by L.L. No. 2-1988]
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, fowl, fish, both domesticated and wild.
ANNOYING ANIMAL
An animal which, when it is not on the premises of its owner or custodian:
A. 
Without being provoked, harasses or threatens a person in such a manner so as to create the apprehension of fear of bodily injury to such person; or
B. 
Deposits animal waste on or damages the real property of or damages or destroys the personal property of a person other than the animal's owner or custodian.
AT LARGE
An animal that is off the premises of the owner and is not on an adequate leash or under the direct supervision or full control of its owner or custodian.
DANGEROUS ANIMAL
Any animal which by its behavior is capable of inflicting bodily harm upon a person such as, but not limited to, poisonous snakes and reptiles, carnivorous birds, cats, large monkeys, apes and bears.
DOG CONTROL OFFICER and/or DOG WARDEN
An individual appointed by the Village to assist in the administration or enforcement of this chapter or any authorized officer, agent or employee of an incorporated animal protection association or other municipality under contract with the Village to assist in the enforcement of this chapter.
VICIOUS ANIMAL
An animal which has once bitten any person or twice within a period of 90 days makes an unprovoked attack upon and bites a dog or other domestic animal while at large.
A. 
Any person who is the owner, harborer or has custody or control of any animal shall not permit any animal, except house cats, not exceeding 15 pounds in weight, to be at large in the Village.
B. 
No person shall harbor or have custody, or permit to be harbored, any dangerous animal in the Village.
A. 
Complaint by Village resident. Any Village resident claiming that an animal is vicious or annoying as defined herein, or is a dangerous animal, may file with the Village Clerk or the Village Justice a sworn written complaint setting forth the facts to support their allegations. It shall be the duty of the Village Justice to issue a summons requiring the owner or person reasonably believed to be harboring such animal to appear before the Village Court to answer the allegations and determine all issues. If a police officer or Dog Control Officer reasonably believes that an animal is vicious or annoying as defined herein, or is a dangerous animal being harbored in the Village, he or she may issue an appearance ticket requiring the owner or custodian of such animal to appear before the Village Justice to answer the allegations and determine all issues.
B. 
Procedure and trial. The Village Justice shall hold a hearing for the purpose of determining whether the animal, which is the subject of the complaint, is vicious or annoying or a harbored dangerous animal as defined herein. If, after the hearing, the Village Justice finds that such animal is vicious or annoying or a dangerous animal, he may order said animal to be confined on the owner's property, removed from the Village or destroyed without compensation to the owner.
C. 
Any police officer or Dog Warden is authorized to kill any dangerous or vicious animal when the police officer or Dog Warden deems it necessary for the protection of person or property.
A. 
The Dog Control Officer, Dog Warden, or any police officer, is authorized to enforce the provisions of this chapter and may:
(1) 
Seize any animal in violation of this chapter; and
(2) 
Issue an appearance ticket related to any violation of this chapter.
A. 
The owner, or his agent, of a dog seized in violation of this chapter may redeem the dog by producing a valid current license for the said dog and upon payment of a fee as shall be set by resolution of the Board of Trustees, plus reimbursement to the Village of its cost for seizure:
(1) 
Within seven days of seizure, if not wearing a current license tag.
(2) 
Within 12 days of seizure, if wearing a current license.
B. 
If a dog is not redeemed under Subsection A(1) or (2), the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed.
C. 
The Dog Control Warden, police officer, or any officer or employee of the Village or Town of Oyster Bay shall not be liable in damages for the destruction of any animal pursuant to the provisions of this chapter. No action shall be maintained against said person to recover the possession or value of a dog or animal, or for damages for injury, or for compensation for the destruction of a dog or animal destroyed pursuant to the provisions of this chapter.
A. 
Regulation. No person shall set, install, construct, operate or maintain any trap, deadfall or other device or set out any chemical substance designed or intended to capture, kill or take fur-bearing animals within the Village.
B. 
Exception. Nothing contained in Subsection A above shall prohibit the capture and killing of mice, rats and other vermin by the use of appropriate chemical substances or traps, provided that the same are not dangerous to fur-bearing animals.
[Added 2-15-2011 by L.L. No. 2-2011]
No person owning, possessing, harboring or having custody or control of any animal shall permit such animal to deposit any animal waste, as that term is commonly understood, on any public street, road, or highway, including the rights-of-way thereof, or other public place located within the Village unless such waste is immediately removed in a sanitary manner.
[Adopted 2-15-2011 by L.L. No. 3-2011[1]]
[1]
Editor's Note: This local law was originally adopted as Ch. 107, but was renumbered to maintain the organization of the Code.
The Board of Trustees of the Village of Oyster Bay Cove finds that artificial feeding of waterfowl is actually harmful to these animals and can cause poor nutrition, increased hybridization, water pollution and beach closures and contamination of shellfish-growing areas, delayed natural migration, high concentrations of waterfowl at unnatural sites, overcrowding, spread of disease, costly management efforts, unnatural behavior and cumulative negative environmental impacts in the Village.
As used in this article, the following terms shall have the meanings indicated:
DOMESTIC WATERFOWL
Those species of birds commonly known as white ducks, barnyard geese, Muscovy ducks and any other geese/ducks bred by man, but not any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service and/or the New York Department of Environmental Conservation.
FEED
To give, place, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting, or enticing migratory or domestic waterfowl.
MIGRATORY 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.
PERSON
Any individual, company, partnership, corporation, limited partnership, joint venture, or other legal entity.
VILLAGE PROPERTY
Any land which is owned, maintained, leased, or managed by the Village of Oyster Bay Cove for any purpose whatsoever, including, but not limited to, parks, preserves, beaches and drains.
No person shall feed or provide food for any domestic or migratory waterfowl on Village property at any time of the year.
A violation of this article shall be punishable by a fine of not less than $100, nor more than $500. Any subsequent violation occurring within five years of the date of such first violation shall be punishable by a fine of not less than $250, nor more than $750.
The provisions of this article shall not apply to property owned by or under the jurisdiction of other municipal authorities, the State of New York, and any agency thereof or the government of the United States of America.