[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 5-10-2021 by L.L. No. 8-2021[1]]
A.
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 chapter. 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
private property.
B.
It shall be unlawful for any person to tether, leash, fasten, secure,
restrain, chain or tie a dog to any stationary object outdoors or
cause such dog to be restrained in a manner that:
(1)
Restricts such dog's access to suitable food, fresh, potable
water and dry ground;
(2)
Does not provide such dog with shelter appropriate to its breed,
physical condition, and the climate as defined by § 353-b
of the New York State Agriculture and Markets Law; or
(3)
Unreasonably limits the movement of such dog because the restraint
is too short for the dog to move around or for the dog to urinate
or defecate in an area separate from the area where the dog must eat,
drink or lie down.
C.
Notwithstanding the provisions of Subsection B of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
(1)
Is a choke collar, pinch collar, prong collar or a similar collar
that restrains the dog in such a manner that it impairs the flow of
oxygen or blood to the dog and which may cause choking or causes substantial
discomfort to the dog;
(2)
Is embedded, partially embedded or may become embedded in the dog's
skin;
(3)
Has weights attached or contains links that are more than 1/4 inch
thick;
(4)
Weighs more than 12.5% of the dog's total body weight, not to
exceed 15 pounds for any dog;
(5)
Is less than 15 feet in length, except that the device may be a shorter length if the length of 15 feet may allow activity prohibited by § 34-11C(7) below;
(6)
Because of its design or placement is likely to become entangled;
(7)
Is long enough to allow such dog to move outside of its owner's
property;
(8)
Would allow the restrained dog to move over an object, including
any fencing, barrier, or edge that could result in the strangulation
of or injury to such dog; or
(9)
Is fixed (i.e., does not swivel) on either end.
D.
No person shall tether, leash, fasten, secure, restrain, chain or
tie a dog to any stationary object outdoors for more than one continuous
hour in any continuous twelve-hour period between the hours of 6:00
a.m. and 11:00 p.m.
E.
No person shall tether, leash, fasten, secure, restrain, chain or
tie a dog to any stationary object outdoors between the hours of 11:00
p.m. and 6:00 a.m.
F.
Multiple dogs shall not be tethered or restrained in such a manner
that they are able to come into contact with one another at any point
in time while restrained.
G.
No person shall tether, leash, fasten, secure, restrain, chain, tie,
pen or otherwise confine outdoors a dog for more than a period of
30 minutes when:
(1)
The temperature is below 35° F.;
(2)
The temperature is above 85° F.;
(3)
The National Weather Service has issued a heat or wind chill advisory,
watch or warning; or
(4)
Conditions are not appropriate due to the breed, physical condition
and climate, as established pursuant to New York State Agricultural
and Markets Law § 353-b.
H.
The provisions of this section shall not apply to any federal, state
or local law enforcement agency.
I.
Notwithstanding the provisions of this section, no person shall allow
a tethered, leashed, fastened, chained, tied, secured or restrained
dog to be taunted, prodded, hit, harassed, threatened, attacked or
otherwise harmed by humans or other animals.
J.
The provisions of this section shall not be construed to prohibit
the Animal Warden, the American Society for the Prevention of Cruelty
to Animals, the Nassau County Society for the Prevention of Cruelty
to Animals or any law enforcement officer or peace officer from enforcing
any other law, rule or regulation regarding the humane treatment of
animals.
K.
Nothing in this section shall be construed to affect any other protections
afforded to animals under any provision of law, including, but not
limited to, the requirement of adequate shelter pursuant to § 353-b
of the New York State Agriculture and Markets Law.
[Added 3-4-1985 by L.L. No. 1-1985;
amended 5-10-2021 by L.L. No. 8-2021]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be guilty of a violation punishable:
A.
For conviction of a first offense, by a fine of not less than $500
and not more than $750 or by imprisonment not exceeding 15 days, or
by both.
B.
For conviction of the second of two offenses, by a fine of not less
than $750 and not more than $1,000 or by imprisonment not exceeding
15 days, or by both.
C.
For conviction of a third or subsequent offense, by a fine of not
less than $1,000 and not more than $1,500 or by imprisonment not exceeding
15 days, or by both.
