[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 12-14-1992 by L.L. No. 2-1992; amended in its entirety 3-8-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any and all types of animals, including those that are either domesticated or wild.
- ANIMAL CONTROL OFFICER
- An animal protection association or individual, municipality or entity appointed by, or under contract with, the Village to assist in the administration and enforcement of this chapter or an authorized officer, agent or employee of the above.
- ANNOYING ANIMAL
- An animal which, when it is not on the premises of its owner or custodian:
- A. Creates the apprehension of fear of bodily injury to a person without being provoked, harassed or threatened;
- B. Deposits animal waste on or does damage to real property of a person other than the animal's owner or custodian; or
- C. 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 or custodian and is not on an adequate leash.
- DANGEROUS ANIMAL
- Any animal which, by its native aggressive behavior, is capable of inflicting bodily harm to a person, such as, but not limited to, a poisonous snake or reptile, carnivorous birds, wolves, lions, tigers and bears.
- DOMESTIC WATERFOWL
- Those species of birds commonly known as white ducks, barnyard geese, Muscovy ducks and any other geese and ducks bred by man but not migratory waterfowl.
- To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing migratory 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.
- Any individual, company, partnership, corporation, limited partnership, joint venture, limited liability company or other legal entity.
- VICIOUS ANIMAL
- An animal which has previously bitten a person within the last five years or twice within 90 days, makes an unprovoked attack upon and bites a dog or other domestic animal while at large.
- VILLAGE PROPERTY
- Any land which is owned, maintained, leased or managed by the Incorporated Village of Muttontown.
[Amended 3-13-2019 by L.L. No. 1-2019]
Any person who owns, harbors or has custody or control of any animal, except domesticated house cats, shall not permit it to be at large in the Village.
No person shall have custody of, harbor or permit to be harbored in the Village any dangerous animal.
Any person who owns or has custody or control of a dog that is left outdoors in inclement weather shall provide it with shelter appropriate to its breed, physical condition and climate.
Inclement weather shall mean weather conditions that are likely to adversely affect the health or safety of the dog, including, but not limited to, rain, sleet, ice, snow, wind or extreme heat and cold.
For all dogs that are left outdoors in inclement weather, a housing facility, which must: (1) have a waterproof roof; (2) be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather; (3) be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and (4) allow for effective removal of excretions, other waste material, dirt and trash. The housing facility and the area immediately surrounding it shall be regularly cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
Any person who acts in violation of this section shall be reported to the applicable authorities for prosecution.
Exemption. This article shall not apply to any federal, state or local law enforcement agency.
It shall be unlawful for a dog to defecate on public or private property except in accordance with the requirements of Subsection B. The owner or person in possession of a dog that defecates as prohibited herein, with or without the knowledge, consent or fault of such owner or person in possession, shall be guilty of a violation of this section.
The owner or person in possession of any dog that defecates on public or private property shall immediately remove all waste deposited by said dog by placing such waste in a plastic bag which shall be sealed and deposited in a covered garbage receptacle.
Complaint by Village resident.
Any Village resident claiming that an animal is vicious or annoying as defined herein, or is being a dangerous animal, may file with the Village a sworn written complaint setting forth the facts to support his allegations. The Village Justice shall direct the owner or person reasonably believed to be harboring such animal to appear at Village Court to answer the allegations and further determine all issues of fact and law.
If a police officer, Village Code Enforcement Officer or animal control officer reasonably believes that an animal is vicious, annoying or at large or that a dangerous animal is being harbored in the Village, he/she may issue an appearance ticket requiring the owner or custodian of such animal to appear before the Village Justice Court.
Procedure and trial. The Village Justice, after a hearing, shall determine if an animal was at large, vicious, annoying or a dangerous animal pursuant to this chapter or the Agriculture and Markets Law of the State of New York. The Village Justice may then order the animal to be confined on the owner's property, removed from the Village, euthanized or such other relief he/she deems necessary and appropriate, all without compensation to the owner.
Any police officer or animal control officer is authorized to kill any dangerous or vicious animal when the police officer or animal control officer deems it necessary for the protection of a person or the community.
No person shall feed or provide food for any domestic or migratory waterfowl on Village property.
An animal control officer, Village Code Enforcement Officer or any police officer is authorized to enforce the provisions of this chapter and may:
The Board of Trustees is authorized to promulgate, by resolution, rules and regulations and administrative fees as it may determine are necessary and proper for the administration and enforcement of this chapter.
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 said dog and upon payment of a fee, as shall be set by resolution of the Board of Trustees, plus reimbursement to the Village for all expenses it has incurred. If a dog is not redeemed within seven days of seizure if not wearing a current license tag, or within 12 days of seizure if wearing a current license tag, the owner shall forfeit all title to the dog and the dog may be sold, adopted or euthanized.
An animal control officer, police officer, Village Code Enforcement Officer or any officer or employee of the Village shall not be liable in damages for the destruction, sale or adoption of any animal seized pursuant to the provisions of this chapter. No action shall be maintained to recover the possession or value of the animal or for damages or compensation for an animal seized or euthanized pursuant to the provisions of this chapter.
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.