[HISTORY: Adopted by the Board of Trustees of the Village of Cove Neck 10-18-1974 by L.L. No. 2-1974 as Art. 19 of the 1974 General Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 100.
Peace and good order — See Ch. 112.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, fowl and fish, both domesticated and wild.
ANNOYING DOG
A dog 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 by 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 dog's owner or custodian.
AT LARGE
When an animal is not on the premises of its owner or custodian or is not on a leash and under the immediate control of its owner or custodian.
DANGEROUS ANIMAL
Any animal which by its nature or behavior is capable of inflicting bodily harm upon a person, such as, but not limited to, poisonous snakes and reptiles, carnivorous birds, large cats, large monkeys, apes and bears.
VICIOUS DOG
A dog which has once bitten any person or twice within a period of 30 days makes an unprovoked attack upon and bites another dog or other domestic animal while at large.
A. 
No person shall harbor or keep any dangerous animal in the Village.
B. 
No person shall permit to be at large in the Village any animal except dogs that have not been declared vicious or annoying and house cats not exceeding 15 pounds in weight.
A. 
Complaint by Village resident. Any Village resident claiming that a dog is vicious or annoying as defined herein or is or was at large in violation of this chapter or that any other animal is dangerous may make a written complaint to the Village Clerk or the Village Justice. It shall be the duty of the Village Justice, upon receipt of a complaint, to immediately issue a summons requiring the owner of such dog or dangerous animal to appear on not less than three days' nor more than 10 days' written notice before the Village Court to determine such issue.
B. 
Complaint by police officer. Upon reasonable belief by a police officer that a dog is vicious or annoying as defined herein or is or was at large in violation of this chapter or that any other animal is dangerous, he may issue an appearance ticket requiring the owner of such dog or dangerous animal to appear on not less than three days' nor more than 10 days' written notice before the Village Court to determine such issue.
A. 
Trial or plea of guilty. The Village Justice shall hold a trial for the purpose of determining whether a dog is vicious or annoying or any other animal is dangerous. In lieu of said trial, the owner or custodian of such animal or dog may plead guilty to any complaint.
B. 
Dangerous animals. If, after trial, the Village Justice finds that an animal is dangerous, or the owner thereof pleads guilty to the complaint, he shall order:
(1) 
That the dangerous animal be removed from the Village within 24 hours of said order;
(2) 
If said animal is not removed from the Village after said twenty-four-hour period, that any police officer shall kill the dangerous animal on or off the premises of the owner; and
(3) 
That the owner pay a fine as provided for in Chapter 1, Article II of this Code.
C. 
Vicious and annoying dogs. If, after trial, the Village Justice finds that a dog is vicious or annoying, or the owner thereof pleads guilty to the complaint, or if a dog previously ordered to be confined is found running at large, he may:
(1) 
Declare that such dog is vicious or annoying and order that such dog shall thereafter be prohibited from running at large in the Village;
(2) 
Order that a vicious dog be removed permanently from the Village within 48 hours of said order;
(3) 
Order any police officer to kill such vicious dog on or off the premises of the owner if said dog is not permanently removed from the Village after said forty-eight-hour period; and
(4) 
Order that the owner pay a fine not exceeding $25.
D. 
Miscellaneous penalties. Any owner who fails to obey an order made as provided in Subsection C for the confinement, removal or killing of a dog within 48 hours after the service either personally or by registered mail upon him of such an order shall be subject to a penalty of $25 for each 24 hours thereafter until the order is complied with.
A. 
Killing by police officer. Any police officer is hereby authorized to kill any dangerous animal or vicious dog when in an emergency it is necessary for the protection of any person or property.
B. 
Seizing and impounding by police officer. Any police officer is also hereby authorized to seize or cause to be seized and impound any dangerous animal or vicious or annoying dog if he is unable to locate and have the animal's owner (or a responsible person on the owner's premises in the Village) take custody of such animal within 24 hours after receiving the complaint. All costs and charges for seizure and impoundment shall be paid by the owner of the animal.
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 the same are not dangerous to fur-bearing animals.
[Added 4-12-2011 by L.L. No. 2-2011]
No person owning, 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 or other public place within the Village, unless such waste is immediately removed in a sanitary manner.
[Adopted 4-12-2011 by L.L. No. 3-2011[1]]
[1]
Editor’s Note: This local law was originally adopted as Ch. 47, but was renumbered for organizational purposes.
The Board of Trustees of the Village of Cove Neck finds that human 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 in the Village of Cove Neck which is owned, maintained, leased, or managed by the Village of Cove Neck for any purpose whatsoever, including, but not limited to, parks, preserves, beaches and Village Hall.
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.