[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 5-22-1967 as Ch. 5 of the 1967 Code. Amendments noted where applicable.]
[Amended 5-12-1980 by L.L. No. 3-1980; 7-13-1981 by L.L. No. 4-1981; 4-11-1983 by L.L. No. 3-1983; 8-22-1988 by L.L. No. 7-1988; 1-7-1991 by L.L. No. 1-1991; 11-22-2010 by L.L. No. 1-2011]
The owner of any dog four months of age or older, unless otherwise exempted, is required to make regular applications for a dog license to the Village Clerk. The owner of each dog required to be licensed shall obtain, complete and return to the Village Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Board of Trustees of the Incorporated Village of Massapequa Park. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccinations would endanger the dog's life, in which case vaccination shall not be required.
Each license issued shall be valid for a period of one year. The term of the license shall not exceed the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
The annual fee for each dog license issued shall be:
Nine dollars for each spayed or neutered dog. In the case of an altered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, except that such certificate or affidavit is not required if same is already on file with the Village Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as an altered dog.
Fifteen dollars for each spayed or unneutered dog.
In addition to the fees set forth in Subsections (1) and (2) of this section, there shall be imposed a surcharge of $1 if the dog to be licensed is altered, or a fee of $3 if the dog sought to be licensed is unaltered. This surcharge will be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts.
Senior citizens, over the age of 65, are entitled to a discount. The fee for a spayed/neutered dog will be $5 and the fee for unspayed/unneutered dogs will be $9.
Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working search, detection or police dog. The person owning, possessing or harboring such a dog bears the burden of demonstrating to the satisfaction of the Village Clerk that the dog is a service dog and exempt from the licensing fee.
All license fees shall be nonrefundable.
It shall be unlawful for any person to own, possess, harbor or keep a dog which is not licensed. The fact that a dog is without a tag attached to the collar shall be presumptive evidence that such dog is unlicensed.
Any dog harbored within the Village of Massapequa Park which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside of the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this chapter.
It shall be unlawful for any person to own, harbor or keep a dog which has not been identified.
It shall be unlawful for any person who owns, harbors, or keeps a dog to permit such dog off the premises of such person without an identification tag attached to the dog's collar.
It shall be unlawful for any person to knowingly affix any false or improper identification to any dog.
Tags issued by the Village Clerk shall be inscribed with "Inc. Village of Massapequa Park." current telephone number for the Office of the Village Clerk, and a unique identification number for each dog licensed by the Village.
In the event of a change in ownership of any dog licensed pursuant to this article or the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Village Clerk a written report of such change. Such owner shall remain liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.
If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days after the discovery of such event, file with the Village Clerk a written report of such loss or theft. The owner shall not be responsible for any violation of this article with respect to such dog after such report is filed.
In the case of a dog's death, the owner of record shall notify the Village Clerk of the dog's death either before or upon receipt of a renewal notice from the Village.
It shall be unlawful for any person owning, possessing or harboring any dog to allow the same to run loose or be at large upon any public highway, street or other public place in the Village.
All dogs must be under the immediate and full control of the owner or person in charge thereof and restrained on a leash.
It shall be unlawful for an owner to keep, harbor or otherwise maintain a dog in the Village which shall disturb the quiet of any person or neighborhood or which shall attack any person or which shall cause danger or fear to any person or neighborhood.
Any dog of fierce, dangerous or vicious propensities shall be confined by the owner on the owner's premises at all times in such manner that it cannot reach persons who may have occasion to lawfully enter upon said premises.
The owner of any female dog in heat shall not keep, harbor or otherwise maintain such dog in the Village unless the same is confined in a kennel or veterinary hospital or in an enclosed building on the owner's property during the entire period such dog is in heat. Any female dog in heat which is not confined is hereby declared to be a public nuisance and may be apprehended and impounded upon the order of the Village Clerk.
Seizure. The Village Dog Warden or any other person or agency duly authorized by the Village shall seize any dog found at large or not under the immediate control of the owner or person in charge thereof. Every dog not licensed or tagged as provided by the Agriculture and Markets Law shall be held by said Dog Warden for seven days; every dog so seized which is unleashed but licensed shall be held for 12 days. All dogs seized shall be properly fed and cared for at the expense of the municipality until disposed of.
Redemption. The owner of a tagged or untagged dog which as been seized may redeem the same in accordance with the regulations of the agency or person authorized by the Village to impound such dogs.
Failure to redeem. Any dog not redeemed as provided in Subsection B shall be sold or destroyed by the Warden. In case of a sale, the purchaser must pay the purchase price therefor to the Village Clerk and shall also obtain a license for the dog.
Application of statutes. All proceedings by the Village Warden for seizing and impounding a dog, the redemption, destruction or sale thereof and the fees of such Dog Warden shall be conducted pursuant to the provisions of the Agriculture and Markets Law.
Dogs shall not create a nuisance by defecating on public property or private property.
It shall be unlawful for any dog to create a nuisance by defecating on public property or private property other than the property owned or leased by the person owning, possessing, harboring or having control over such dog.
Any person owning, possessing, harboring or having control over such dog shall be in violation of this section unless the feces are immediately removed in a suitable container and sanitarily disposed of.
This article shall include any other New York State regulations as set forth in the New York State Agriculture and Markets Law, Article 7, Licensing, Indemnification and Control of Dogs.
No house, building, pen or yard for the keeping of fowl or other animals, wild or domestic, except dogs, shall be built or shall be maintained in the Village by any person.
It shall be unlawful for any person to keep or maintain on premises owned, rented or controlled by him any fowl, rabbits, reptiles or wild animals.
It shall be unlawful for any person to operate a livery stable or riding academy anywhere within the Village.