[HISTORY: Adopted by the Board of Trustees
of the Village of Poquott as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 92.
[Adopted 8-25-1983 by L.L. No. 2-1983]
[Amended 10-9-2014 by L.L. No. 1-2014]
It is hereby declared and found that the health, welfare and
safety of the inhabitants of the Village of Poquott require regulations
supplementing Article 7 of the New York State Agriculture and Markets
Law and pertaining to the licensure, seizure, and disposition of privately
owned dogs and cats. Article 7 of the New York State Agriculture and
Markets Law is incorporated by reference therein.
[Amended 10-9-2014 by L.L. No. 1-2014]
As used in this article, the following terms shall have the
meanings indicated:
Off the premises of the owner and not under the control of
the owner, his agent or a member of his family, whether by rope, leash
or similar device.
Includes both male and female cats.
The Clerk of the Town of Brookhaven.
The Dog Warden of the Town of Brookhaven
Any person owning, harboring, having custody of or keeping
a dog or cat.
Any person or persons, firm, partnership, association, company
or corporation.
A resident of the Village of Poquott.
The area between the curbline and the abutting property owner's
line.
The Town of Brookhaven.
Clerk of the Village of Poquott.
[Amended 10-25-2007 by L.L. No. 2-2007; 10-9-2014 by L.L. No. 1-2014]
A.
Dogs are allowed any time on any sidewalk, street, highway or other
public place in the incorporated areas of the Village of Poquott.
B.
Dogs must be fully controlled by the owner or some other person by
means of a leash, wherein "leashed" is defined as a secure connection
between animal and handler.
C.
A handler has in his possession materials for cleanup of fecal matter.
These materials are to include a bag or sack in which the waste can
be removed to a proper trash receptacle.
D.
Dogs are not permitted in Village of Poquott parks or beaches between
the hours of 9:00 a.m. until 6:00 p.m. every day, from the Friday
of Memorial Day weekend, through and including Labor Day, of each
year. Dogs are otherwise permitted in Village of Poquott parks and
beaches to be walked only, with no lingering.
E.
No person owning, possessing, harboring or in charge of any dog,
cat or other animal or bird shall cause, suffer or allow such animals
or birds, individually or in the aggregate, to create any nuisance,
dangerous, offensive, unsanitary or unhealthy condition on any private
or public property.
[Amended 10-9-2014 by L.L. No. 1-2014]
Any dog seized pursuant to the preceding section
may be redeemed by its owner, provided that such owner produces proof
that the dog has been licensed and pays the impoundment fee, which
fee shall be the amount of any veterinarian charges applicable to
the redeemed animal plus:
A.
Ten dollars for the first impoundment of any dog owned
by that person.
B.
Twenty dollars for the first 24 hours or part thereof
and $3 for each additional 24 hours or part thereof for the second
impoundment within one year of the first impoundment of any dog owned
by that person.
C.
Thirty dollars for the first 24 hours or part thereof
and $3 for each additional 24 hours or part thereof for the third
and subsequent impoundments within one year of the first impoundment
of any dog owned by that person.
A.
Any person owning possessing, harboring or in charge
of any dog shall immediately remove all feces deposited by such dog
in a sanitary manner.
B.
No person owning, possessing, harboring or in charge
of any dog, cat or other animal shall cause, suffer or allow such
dog, cat or other animal to soil, defile or defecate on any private
property without the permission of the owner of such property.
C.
No person owning, possessing, harboring or in charge
of any dog, cat or other animal or bird shall cause, suffer or allow
such animals or birds, individually or in the aggregate to create
any nuisance, dangerous, offensive, unsanitary or unhealthy condition
on any private or public property.
D.
Harboring or possessing of pigeons and fowl not permitted
without permits from New York State Department of Wildlife and the
Village of Poquott is not allowed.
E.
Any person who shall violate any provisions of this
article, for which violation no penalty is specifically provided herein,
shall, on a first conviction hereof, be subject to a penalty of not
less than $25 for each such violation and on a second such conviction
thereof, be subject to a penalty of not less than $50. On each subsequent
conviction thereof, the penalty shall be $50.
A.
The fact that a dog is without a tag attached to a
collar, as provided by Article 7 of the New York State Agriculture
and Markets Law, shall be presumptive evidence that the dog is unlicensed.
B.
The person who last obtained a license for a dog pursuant
to the provisions of Article 7 of the New York State Agriculture and
Markets Law shall be presumed, for purposes of this article, to be
the owner of such dog.
C.
For purposes of this article, it shall be presumed
that any unlicensed dog harbored in a one-family dwelling is owned
by all adults in the one-family dwelling.
No liability shall be imposed upon the Dog Control
Officer, nor Village of Poquott, nor the Town, nor any employee of
the Village of Poquott or the Town, for destruction of any animals
pursuant to the provisions of this article.
[Amended 10-25-2007 by L.L. No. 2-2007; 10-9-2014 by L.L. No. 1-2014]
A.
Any person who shall own or harbor a dog, unless such a dog is licensed
pursuant to Article 7 of the New York State Agriculture and Markets
Law, or who shall otherwise be in violation of this law shall be subject
to a penalty of $100 for the first violation, and for an increased
penalty of an additional $100 for each additional violation of this
chapter to a maximum penalty of $500 per violation.
[Adopted 9-27-2012 by L.L. No. 6-2012]
[Amended 10-9-2014 by L.L. No. 1-2014]
This article shall be entitled "A Local Law Prohibiting Feeding
of Waterfowl within the Village of Poquott."
[Amended 10-9-2014 by L.L. No. 1-2014]
It is the intent of this chapter 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 lands or waterways of the Village of Poquott. 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 chapter 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.
[Amended 10-9-2014 by L.L. No. 1-2014]
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings set forth in this section:
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any land which is owned, maintained, leased or managed by
the Village of Poquott for any purpose whatsoever, including but not
limited to parks, preserves, beaches and marinas.
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.
A general term referring to lakes, ponds, streams, creeks,
stormwater basins, and harbors.
It shall be unlawful for any person to:
[Amended 10-9-2014 by L.L. No. 1-2014]
The provisions of this chapter shall be administered and enforced
by the members of the Village Code Enforcement Bureau who have the
power to issue appearance tickets.
[Amended 10-9-2014 by L.L. No. 1-2014]
Any person who violates or neglects to comply with any provision of this Article II, prohibiting feeding of waterfowl, shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $250 for each violation.
[Added 10-9-2014 by L.L.
No. 1-2014]
In the event that any provision of this Chapter 38 should be deemed or determined to be invalid or unenforceable for any reason, then the remaining sections of this chapter shall continue in full force and effect.
