Village of Tarrytown, NY Chapter 125 Dogs and Other Animals

[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 5-2-1988 by L.L. No. 4-1988 (Ord. 1.1 of the 1959 Unified Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 215.

§ 125-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AT LARGE

A dog or domestic animal which is not within a fence or tied on a line, either of which must be sufficient to restrain said dog or domestic animal.

CHICKEN

An egg-producing mature female chicken or hen.

[Added 1-21-2020 by L.L. No. 2-2020]

DOG

Any male, female or neutered domestic canine, regardless of age.

DOMESTIC ANIMAL

Any domesticated sheep, horse, cattle, swine, fowl (but not including chickens maintained in accordance with this chapter), duck, goose, turkey, goat, hare, skunk, fox, pigeon (including homing or racing pigeons), pheasant or other bird which is raised in confinement but not normally considered a household pet.

[Amended 3-2-1998 by L.L. No. 3-1998; 1-21-2020 by L.L. No. 2-2020]

HOUSEHOLD PET

Animals such as cats, dogs, rabbits, birds (excluding pigeons, including homing or racing pigeons) and the like, normally considered pets and normally kept in confinement.

[Amended 3-2-1998 by L.L. No. 3-1998]

OWNER

Any person who owns, harbors or has the care, custody or control of a dog, household pet or domestic animal, whether said dog, household pet or domestic animal is licensed or unlicensed.

§ 125-2 Restrictions.

A. No owner or possessor of a dog shall permit such dog to be at large in the Village of Tarrytown or to chase or attack any person peacefully conducting himself in any place where such person may lawfully be or to chase or attack any dog, cat or domestic animal while such animal is in any place it may lawfully be, except as provided in Subsection C hereinbelow.

[Amended 5-6-1991 by L.L. No. 5-1991; 9-20-2010 by L.L. No. 15-2010]

B. No person shall permit, keep, maintain or allow any domestic animal in any building or on any property within the Village of Tarrytown. The Village of Tarrytown shall be exempt from the provisions of this subsection.

[Amended 3-2-1998 by L.L. No. 3-1998]

C. The owner, possessor or custodian of a dog shall control and restrain such dog by a chain or leash not exceeding eight feet in length, except when such dog is on residential premises with the knowledge and permission of the owner of the premises or when such dog is on nonresidential premises during hours when such property is closed to the public with the knowledge and permission of the owner of the premises. Furthermore, the owner, possessor or custodian of any dog maintained within the Village of Tarrytown shall obtain a dog license from the Village Clerk for an annual fee, which shall be reflected in the Master Fee Schedule of the Village of Tarrytown. The willful failure to obtain a dog license shall be subject to the penalties provided in § 125-3 of this chapter.

[Amended 3-15-2010 by L.L. No. 5-2010; 9-20-2010 by L.L. No. 15-2010]

D. No owner or possessor of a dog shall suffer or permit it to soil, defile or commit any nuisance on any commonfare, sidewalk, passageway, bypath, play area, park or any place where the public congregates or walks or upon any lawn, shrubbery or tree on any private property not belonging to the owner or custodian of said dog. The owner or possessor of a dog that permits the dog to soil, defile or commit any nuisance on that portion of the property lying between the street and the sidewalk (curbing of the dog) shall be responsible to clean up, on an immediate basis, said defilement or nuisance (fecal matter).

[Amended 9-20-2010 by L.L. No. 15-2010]

E. No owner or possessor shall permit the premises, structure or enclosure in which a dog or household pet is kept to be so unclean or unsanitary as to create a public nuisance.

[Amended 9-20-2010 by L.L. No. 15-2010]

F. No person shall cause or permit one or more dogs owned, controlled or possessed by him to enter or remain upon premises owned by another without license or privilege to do so.

[Amended 9-20-2010 by L.L. No. 15-2010]

G. No person shall cause or permit one or more dogs owned, controlled or possessed by him to enter or remain upon or within the Tarrytown Recreation Tennis Courts or Basketball Courts located alongside Municipal Lot C adjacent to Pierson Park, or in Lagana Field by 171 Sheldon Avenue.

[Added 5-7-2018 by L.L. No. 6-2018[1]]

[1] Editor's Note: This local law also provided for the redesignation of former Subsections G and H as Subsections H and I, respectively.

H. No person owning or possessing any household pet or chicken shall suffer or allow it to disturb the comfort, peace or repose of persons in the vicinity by long, continued, frequent or repetitive noise.

[Amended 9-20-2010 by L.L. No. 15-2010; 1-21-2020 by L.L. No. 2-2020]

I. [2]An owner or possessor of pigeons (including homing or racing pigeons), at the time of the enactment of this amendment, shall be permitted to maintain the pigeons in the current place of confinement. The owner or possessor of pigeons shall not be permitted to increase or add to the number of pigeons currently maintained.

[Added 3-2-1998 by L.L. No. 3-1998; amended 9-20-2010 by L.L. No. 15-2010[3]]

[2] Editor's Note: Former Subsection H, concerning prohibiting dogs in certain parks, added 6-15-1992 by L.L. No. 8-1992, as amended, was repealed 9-20-2010 by L.L. No. 4-2010.

[3] Editor's Note: This ordinance also provided for the redesignation of former Subsection I as Subsection H.

§ 125-3 Keeping of Chickens.

[Added 1-21-2020 by L.L. No. 2-2020]

A. The keeping of 12 or fewer chickens is permitted as an accessory use in all single-family residential zones (the R-80, R-60, R-40, R-30, R-20, R-15, R-10, R-7.5 and R-5) subject to the following restrictions:

(1) All structures used for the housing and feeding of chickens and all exercise yards, pens or other areas used for their maintenance shall be located so as to comply with minimum setback requirements governing accessory buildings as set forth in Chapter 305.

(2) Chickens must be confined at all times to a chicken coop and/or fenced-in enclosure and shall not be permitted to roam freely on any property in the Village of Tarrytown.

(3) Any chicken coop or similar-type structure for housing or enclosing chickens shall not exceed eight feet in height nor be greater than 25 square feet in building coverage and shall not be constructed or erected prior to obtaining a building permit.

(4) All feed shall be housed in rodent-proof containers.

(5) All structures used for the housing and feeding of chickens and all exercise yards, pens or other areas used for their maintenance shall be kept clean and free of noticeable odors across property lines and any accumulation of manure. Any person maintaining chickens shall prevent runoff onto other properties to the maximum extent practicable from all structures used for the housing and feeding of chickens and all exercise yards, pens or other areas used to maintain chickens.

(6) No roosters shall be permitted in any building or on any property within the Village of Tarrytown.

(7) No commercial sale of chickens or their eggs shall be permitted.

(8) A minimum of 10 square feet of fenced-in outdoor space per chicken is required, and the setbacks established by zoning must be complied with.

(9) The slaughter of chickens and the raising of chickens for slaughter on residential properties in the Village of Tarrytown shall be prohibited.

(10) Denial of an application for a building permit for an accessory structure and/or enclosure to house chickens that is based on zoning standards for area or setbacks may be appealed to the Zoning Board of Appeals.

§ 125-4 Penalties for offenses.

[Amended 5-6-1991 by L.L. No. 5-1991]

Penalties shall be as provided in Chapter 1, General Provisions, Article II.