[HISTORY: Adopted by the Board of Trustees of the Village
of Sands Point 12-20-2011 by L.L. No. 1-2012.[1] Amendments noted where applicable.]
No person who owns, possesses or harbors a dog (male or female)
shall permit, allow, suffer or tolerate such dog, whether or not tagged
or licensed, to run loose or at large in the Village of Sands Point
except on the premises of the owner or on the premises of another
with his or her consent, and no such dog shall be permitted at any
time to be within the Village except on the premises of the owner
or on the premises of another with his or her consent unless effectively
restrained in the immediate custody of the owner or custodian of the
dog by a chain or leash not exceeding six feet in length.
A.
Any person owning, possessing or harboring a dog in the Village of
Sands Point, whether or not tagged or licensed, who shall fail to
exercise due care in preventing such dog from running loose and at
large shall be guilty of a violation of this article. The presence
of any dog which is loose and at large shall be presumptive evidence
that the person who owns, possesses or harbors such dog suffers or
tolerates it to be loose and at large in violation of this article
and shall be presumptive evidence that such person has failed to exercise
due care in preventing such dog from running loose and at large in
violation of this article.
B.
The use of electric dog fences or similar devices intended to prevent
dogs from escaping the premises is permitted but such devices must
be located and operational no closer than 15 feet from any street
line. Notwithstanding this prohibition, any electric dog fences or
similar devices in existence at the time of the adoption of this article
that do not conform to the requirements of this section may continue
to be maintained in place. However, such fences and devices may only
be modified, relocated or reinstalled in full compliance with this
section.
Any dog, whether or not tagged or licensed, found at large in
the Village of Sands Point and not under effective restraint by a
chain or leash not exceeding six feet in length as aforesaid may be
seized by the duly appointed Dog Warden of the Town of North Hempstead
and shall be impounded at the Town's animal shelter until redemption,
adoption or destruction.
If the dog seized bears a license tag, the Dog Warden of the Town of North Hempstead or an officer or representative of the Village of Sands Point shall ascertain the owner of the dog and shall give immediate notice by either personally or in writing serving on such owner or an adult member of such owner's family a notice stating that the dog has been seized and will be sold or otherwise disposed of unless redeemed within the period provided in § 72-5 hereof.
The owner of a dog seized by the Dog Warden of the Town of North
Hempstead and kept in the Town animal shelter may redeem said animal
as stated in the Town's redemption procedures, including but not limited
to the fee schedule relating to such redemptions. If not so redeemed,
the owner shall forfeit all title to the dog and the dog shall be
offered for adoption or destroyed.
A.
Any dog or dogs harbored or kept by any person on any premises owned
or occupied in whole or in part by such person within the corporate
limits of the Village of Sands Point shall be cared for, maintained
and handled in a manner which shall be sanitary and shall not cause
frequent or long-continued noise so as to disturb the comfort or repose
of any person or persons in the vicinity.
B.
It shall be unlawful for a dog to defecate or urinate on public property,
except on a public street, or on private property other than its owner's
without the consent of the owner or persons in possession of such
private property.
(1)
A person owning or possessing a dog which defecates or urinates 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 defecating or urinating on private property
of a person other than a dog's owner or possessor does so without
the consent of the owner or person in possession of such private property.
(2)
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.
A.
It shall be unlawful for any real property owner or resident in the Village of Sands Point to harbor more than seven dogs of any type or breed at any property within the Village at any given time, without a special permit obtained pursuant to Subsection D hereof.
B.
Litters. Any individual breeding of any type or breed of dogs on any property within the Village of Sands Point shall have six months from the date a litter is born to comply with § 72-7A of this chapter.
D.
Multidog permit.
(1)
An owner of real property located within the corporate limits of the Village of Sands Point may apply for a multidog permit to have more than seven dogs harbored on such owner's premises to be housed predominantly within the residence of such owner. The Village Clerk may issue a multidog permit only upon approval of a multidog permit application by the Board of Appeals, after a public hearing and following inspection of the premises. The fees and procedure to obtain approval from the Board of Appeals shall be the same as those provided for an area variance in Chapters 82 and 176, respectively. The Board of Appeals or its designated representative(s) shall inspect the premises and shall apply the following criteria in determining whether to approve, deny or condition the issuance of the multidog permit, which multidog permit shall specify the number of dogs permitted:
(a)
Capacity of the owners to provide sufficient food and water
for the dogs.
(b)
Capacity of the owners to limit barking by the dogs.
(c)
Sufficient housing for the dogs.
(d)
Capacity of the owners to maintain the dogs in a clean manner.
(e)
Capacity of the owners to provide necessary veterinary care
for the dogs.
(f)
Capacity of the owners to provide housing which does not subject
the dogs to extreme temperatures.
(g)
Capacity of the property to protect the quiet enjoyment of neighboring
property owners.
(h)
Whether the dogs are spayed or neutered.
(2)
The Village Code Enforcement Officer shall have the right to periodically
inspect the premises that have been issued a multidog permit, at least
once a year, to ensure that the owner maintains the standards required
for the issuance of the multidog permit.
(3)
Fee for multidog permit; renewal.
A.
The Animal Warden, a police officer, a Code Enforcement Officer or
an official observing a violation of any section of this article may
issue and serve an appearance ticket for such violation.
B.
Any person observing a violation of any section of this article may
personally appear at the Village Police Department 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.
A.
Dangerous Dog
(1)
(a)
(b)
(c)
(2)
Definitions. The words hereinafter defined shall have the meanings
herein indicated for the purposes of this section:
Any dog which:
Without justification attacks a person, companion animal as
defined in the New York State Agricultural and Markets Law, farm animal
as defined in the New York State Agricultural and Markets Law or domestic
animal as defined in the New York State Agricultural and Markets Law
and causes physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification, attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
"Dangerous dog" does not include a police work dog, as defined
in the New York State Agricultural and Markets Law, which acts in
the manner described in this definition while such police work dog
is being used to assist one or more law enforcement officers in the
performance of their official duties.
B.
Findings and purpose. Dangerous dogs are potentially hazardous to
the community and its residents. The purpose of this section is to
regulate the licensing, ownership, keeping, harboring, care, confinement
and humane euthanasia of dogs with dangerous propensities in an effort
to safeguard and promote the health, safety and welfare of the community
and its residents.
C.
Registration required. Within 30 days of the effective date of this
chapter and at any time thereafter, a dog adjudicated as being dangerous
which is owned or harbored within the corporate limits of the Village
of Sands Point must be registered with the Village Clerk. The registration
forms shall contain the following information:
(1)
The name of the applicant.
(2)
The name of the owner of the dangerous dog if different from the
applicant.
(3)
The address where the dangerous dog will be kept.
(4)
The number of dangerous dogs to be kept or housed on the premises.
(5)
The exact location of the property where the dangerous dogs will
be kept.
(6)
The method to be used to secure or restrain the dangerous dogs on
the property.
(7)
A description of each animal for identification purposes.
D.
Fees and insurance.
(2)
Insurance. All owners, keepers or harborers of dangerous dogs shall,
within 30 days of the effective date of this chapter, provide proof
to the Village Clerk of public liability insurance from an insurance
company authorized to do business in the state in a single-incident
amount of no less than $100,000 for bodily injury to or death of any
person or for damage to property owned by any person which may result
from the ownership, keeping or maintenance of dangerous dogs. The
insurance policy shall provide that no cancellation of the policy
will be made unless a thirty-day written notice is first given to
the Village Clerk. The owner or custodian of the animal shall produce
evidence of the required insurance upon request of a law enforcement
officer, animal patrol officer or public official.
E.
Confinement and restraint. The following regulations shall apply
upon imposition of options by a court of competent jurisdiction pursuant
to § 123-2 of the Agricultural and Markets Law:
(1)
All dangerous dogs shall be securely confined indoors or in a secure,
enclosed and locked pen or kennel. The pen, kennel or structure shall
be in the rear yard, shall be at least 50 feet from the property lines
and have secure sides of six feet in height, and a construction permit
shall be required from the Building Department. The structure shall
be locked when the dog is within the structure. The structure shall
have a secure bottom or floor attached to the sides of the structure
and have a conspicuous sign displaying the words "dangerous dog" in
letters no less than four inches high and one inch wide, visible at
50 feet, and the name and telephone number of the person owning, harboring
or in control of said dangerous dog.
(2)
No person, owner or harborer of a dangerous dog shall permit such
dog outside its pen, kennel or structure unless the dog is securely
leashed, with a leash no longer than four feet in length.
(3)
No person, owner or harborer of a dangerous dog shall permit such
dog outside its pen, kennel or structure unless it is muzzled in such
a manner that it cannot bite.
(4)
No person, owner or harborer shall permit a dangerous dog to be kept
on a chain, rope or other type of leash outside its kennel or pen
unless such person is in physical control of the leash. The dog may
not be leashed to inanimate objects, such as trees, posts and buildings,
outside of its kennel.
(5)
No person under the age of 21 years of age shall own, control, attempt
to control or walk a dangerous dog.
(6)
No person shall walk more than one dangerous dog at a time.
(7)
Confinement indoors. No dangerous dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit such building on its own volition. In addition, no such animal
may be kept in the house or structure when the windows are open or
when screen windows or screen doors are the only obstacle in preventing
the dog from exiting the structure.
(8)
Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may make
a complaint of an attack or threatened attack upon a person, companion
animal as defined in the New York State Agricultural and Markets Law,
farm animal as defined in the New York State Agricultural and Markets
Law or a domestic animal as defined in the New York State Agricultural
and Markets Law to a dog control officer or police officer of the
Village of Sands Point. Such officer shall immediately inform the
complainant of his or her right to commence a proceeding as provided
for in Subdivision 2 of § 123 of the New York State Agricultural
and Markets Law, and if there is reason to believe the dog is a dangerous
dog, the officer shall forthwith commence such proceeding himself
or herself.
(9)
Sale or transfer of ownership prohibited. No person shall sell, barter
or in any other way dispose of a dangerous dog registered with the
Village of Sands Point to any person within the Village unless the
recipient person resides permanently in the same household and on
the same premises as the registered owner of such dog, provided that
the registered owner of a dangerous dog may sell or otherwise dispose
of a dangerous dog or the offspring of such dog to persons who do
not reside within the Village.
(10)
An exception to these confinement requirements is hereby provided
for any dog in attendance at and participating in any lawful dog show,
contest or exhibition sponsored by a dog club, association, society
or similar organization.
F.
Violations and penalties. Any person who shall violate the provisions
of this section shall, upon conviction, be fined not less than $250
for each violation and no more than $1,000 and/or imprisoned for a
term not to exceed six months, or both, at the discretion of the court.
Each day said dangerous dog shall be unregistered shall constitute
a separate offense, provided a new accusatory instrument is issued.
Each day that a sign shall not be posted shall constitute a separate
offense.
G.
Time for compliance of dogs adjudicated dangerous.
(1)
All persons subject to this section shall have 30 days from the effective
date of this article to comply with all confinement, registration
and liability insurance requirements.
(2)
No dangerous dogs may be sold, purchased, obtained, brought into
the Village of Sands Point or otherwise acquired by residents of the
Village anytime after the passage of 90 days after the effective date
of this article. No such newly acquired dangerous dogs may be kept,
maintained or otherwise harbored within the Village, and each day
any such newly acquired dangerous dog is so kept, maintained or harbored
shall constitute a separate violation of this section.
(3)
Failure to register a dangerous dog as required by this section within
the ninety-day grace period shall be prima facie evidence that the
dog is a newly acquired dog.
H.
Humane euthanasia. Upon finding a dog to be dangerous pursuant to
and in accordance with § 123 of the New York State Agricultural
and Markets Law and this law, the Court may order that any dangerous
dog be subjected to humane euthanasia or permanent confinement after
appropriate proceedings and the establishment of an aggravated circumstance,
as set forth in § 123 of the New York State Agricultural
and Markets Law, at the owner's expense.
I.
Neutering. Any dog adjudicated to be dangerous, may be required to
be spayed or neutered by the Court.
Every person convicted of a violation of this article for which
another penalty is not provided shall, for each violation, be fined
not less than $250 and not more than $1,000 and/or imprisoned for
a term not to exceed 15 days, or both, at the discretion of the court.
Each week, or part thereof, on which any such violation shall exist
shall be deemed a separate additional violation, provided that a new
accusatory instrument is issued.
A.
The Board of Trustees recognizes that the artificial feeding of waterfowl
may be harmful to these animals and can cause poor nutrition, increased
hybridization, water pollution, beach closures, contamination of shellfish
growing areas, delayed natural migration, high concentrations of waterfowl
at unnatural sites, overcrowding, spread of disease, costly management
efforts, unnatural behavior and cumulative negative environmental
impacts.
B.
It is hereby found by the Board of Trustees that the NYSDEC has directed
MS4s, including the Village of Sands Point, to prohibit goose feeding
in efforts to assist compliance with the Clean Water Act.
Unless otherwise expressly stated in this article, the following
terms shall have the following meanings:
Those species of birds commonly known as white ducks, barnyard
geese, Muscovy ducks and any other geese and ducks bred by man but
not any other waterfowl falling under the jurisdiction of the United
States Fish and Wildlife Service and or the New York State Department
of Environmental Conservation.
To give, place, expose, deposit, distribute, or scatter any
edible material with the intention of feeding, attracting or enticing
migratory or domestic 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, or other legal entity.
Any land which is owned, maintained, leased, or managed by
the Village of Sands Point for any purpose whatsoever, including,
but not limited to, parks, preserves, beaches and drains.
A violation of this article shall be punishable by a fine of
not less than $250 or more than $500 for a first offense. Any subsequent
violation occurring within five years of the date of such first violation
shall be punishable by a fine of not less than $500 or more than $750.
The provisions of this article shall not apply to property owned
by or under the jurisdiction of other municipal authorities, the State
of New York and any agency thereof, or the government of the United
States of America.
