Village of Lake Success, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1965 as Chapter V, Sections 4A and 5 of the Revised General Ordinances]
[Amended 9-11-1995 by L.L. No. 1-1995; 11-13-2006 by L.L. No. 11-2006]
A. 
Animals at large and dogs on private property.
(1) 
Running at large. It shall be unlawful for any person to leave standing in any public street or place or allow to run at large any horse, dog or other domestic animal unless safely tied or secured and/or in the charge of some suitable person.
(2) 
Dogs on private property. It shall be unlawful for any dog to be on private property unless on a leash, safely tied or secured, or in the immediate control of a suitable person. A dog shall be deemed secured if it is within a rear yard that is completely enclosed by a fence with a self-locking gate. A dog shall not be deemed secured or controlled by an electronic or invisible fence.
B. 
Dogs and cats. No person, firm or corporation shall keep, harbor, board or otherwise have in its possession or custody more than three adult dogs and/or cats on any premises within the village. For the purpose of this section, any dog or cat over the age of six months shall be considered an adult.
C. 
Poultry, livestock, etc. No chickens, ducks, poultry, rabbits, pigeons, reptiles, rodents, livestock or farm animals shall be maintained in the village, nor shall any person, firm or corporation maintain, on premises owned, leased or controlled by them, any live chickens, ducks, poultry, rabbits, pigeons, reptiles, rodents, livestock or farm animals.
It shall be the duty of every person owning or having the possession, custody, control or charge of any dog or other domestic animal within the Village of Lake Success to care for, keep, harbor, maintain and handle such dog or other animal at all times, so as to prevent unreasonable or excessive noises, fighting, barking, yelping, howling or whining which shall disturb the peace, comfort and quiet of the neighborhood.
[Amended 4-16-1979 by L.L. No. 1-1979; 3-4-1985 by L.L. No. 1-1985; 4-14-1993 by L.L. No. 2-1993]
An offense of the provisions of this article shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or both.
[Adopted 8-23-1982 by L.L. No. 2-1982]
No person shall own or possess a dog within the Village of Lake Success unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law. The fact that a dog is without a tag attached to the collar, as provided in Article 7 of the Agriculture and Markets Law, shall be presumptive evidence that such dog is unlicensed.
It shall be unlawful for a dog to be on public property or on private property without the consent of the owner or person in possession of such private property unless the dog is effectively restrained in the immediate custody and control of its owner or possessor by a chain or leash not exceeding six feet in length. A person owning or possessing a dog which is not so restrained, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this article. For the purpose of this article, "public property" shall be deemed to be a place to which the public or a substantial group of persons has access and includes, but is not limited to, sidewalks, streets, transportation facilities, schools, golf courses, parks and playgrounds. It shall be presumed that the presence of a dog on private property of a person other than the dog's owner or possessor is without the consent of the owner or person in possession of such property.
A. 
It shall be unlawful for a dog to defecate on public or private property, except in accordance with the requirements of Subsection B, or on private property without the consent of the owner or person in possession of such private property. A person owning or possessing a dog which defecates as prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section. It shall be presumed that a dog defacating on private property of a person other than the dog's owner or possessor does so without the consent of the owner or person in possession of such private property.
B. 
The owner or possessor of any dog shall immediately remove all feces deposited by said dog by placing such feces in a plastic bag which shall be sealed and deposited in a covered garbage receptacle.
Any dog found on public property, or on private property without the consent of the owner or person in possession of such property, which is not effectively restrained by a chain or leash as provided in § 34-5 of this article or any dog unidentified or not licensed as provided in Article 7 of the Agriculture and Markets Law shall be seized by any duly appointed animal warden or peace officer and thereafter confined in the animal shelter designated by the Village of Lake Success until disposition is made pursuant to § 34-8 of this article. Any such dog that cannot be safely seized may be destroyed by any duly appointed animal warden or peace officer.
The owner or authorized agent of the owner of any dog seized pursuant to § 34-7 of this article may redeem such dog upon compliance with the redemption procedures of the animal shelter designated by the Village of Lake Success. If not so redeemed, the owner of such dog shall forfeit all title to the dog, and the dog shall be offered for adoption or destroyed by the animal shelter. The carcass of any such dog destroyed shall be disposed of by the animal shelter in a safe and sanitary manner.
The animal warden or peace officer observing a violation of any section of this article shall issue and serve an appearance ticket for such violation.
Any person observing a violation of any section of this article may personally appear at the Village Police Department or the office of the prosecuting attorney designated by the Village of Lake Success to prosecute violations, and report such violation. Said person may also sign and swear to the appropriate accusatory instrument as required by law and thereby commence prosecution of the alleged violator.
[Added 3-4-1985 by L.L. No. 1-1985]
An offense against the provisions of this article shall be punishable as provided in § 119 of Article 7 of the Agriculture and Markets Law.