[HISTORY: Adopted by the Board of Trustees of the Village of Valley Stream 9-22-1980 by L.L. No. 4-1980.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Guard dogs — See Ch. 43.
Use of park facilities — See Ch. 56, Art. II.
[1]
Editor's Note: This local law also superseded former Ch. 4, Animals, which was adopted as follows: Art. I, Dogs, adopted 8-24-1936 by Ord. No. 26, as amended, and Art. II, Other Animals, adopted 1-30-1939 by Ord. No. 58.
No person shall breed, raise, harbor or maintain any poultry, chickens, turkeys, ducks or any other fowl or any swine, horses, cows, mules, goats, rabbits, pigeons, reptiles, rodents or other livestock or similar animals without first obtaining the approval of the Board of Trustees.
Each application for a permit to maintain a yard or pen for animals permitted to be kept under § 4-1 shall be in writing, on a form provided by the Village, and shall be accompanied by a permit fee of $100 therefor.
No permit shall be issued by the Board of Trustees for the purposes set forth in §§ 4-1 and 4-2 in any case in which, in the judgment of the Board of Trustees, such purpose would create conditions likely to impair the health, peace, quiet and order of the Village.
All yards or pens, when permitted by the Village Board, shall be kept in a clean and sanitary condition, and all filth accumulating in or about the same shall be removed with such frequency and in such a manner as the Village Board shall direct.
Any permit for the purposes contained in §§ 4-1 and 4-2 may be revoked and annulled by the Board of Trustees upon proof of a violation of any provisions of this article. The proof shall be taken before the Board of Trustees upon notice of not less than two days to show cause why such permit shall have been revoked or annulled. The permittee shall not thereafter be entitled to a permit under any of the provisions of this article.
[Amended 11-19-2018 by L.L. No. 20-2018]
Any person, firm, company, association, corporation or business of any kind violating any of the provisions of this article shall be liable for and forfeit and pay a penalty or fine of not more than $500 and/or 15 days in jail for each violation thereof for the use of said Village, and any violation of this article shall constitute disorderly conduct, and any person violating this article shall be and is hereby declared a disorderly person.
This article shall not be constituted to apply to dogs, cats, caged birds or fish.
All local laws or parts of local laws in conflict with this article are hereby repealed.
The foregoing provisions shall take effect on the first day of October 1980.
As used in this article, the following terms shall have the meanings indicated.
DOG
Includes a female dog.
OWNER
Includes a person who harbors or keeps a dog.
It shall be unlawful for any person owning, harboring or keeping or having custody of a dog within the Incorporated Village of Valley Stream to permit such dog to be off the premises of the owner, unless restrained by a leash not exceeding six feet in length and properly fitted with a muzzle of a type which will not permit such dog to bite any person or other animal.
No person shall remove or cause to be removed the muzzle from any dog running at large or entice any dog into an enclosure for the purpose of taking off its muzzle or entice any dog or other animal out of the house of its owner or harborer or seize or molest any dog or other animal while held or led by any person or while properly muzzled and registered.
A. 
Sanitation requirements. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, or on any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
(1) 
The person who so curbs such dog shall immediately remove, in a sanitary method, all feces deposited by such dog.
(2) 
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this article.
B. 
Noise restrictions. No person who owns, possesses or harbors a dog shall suffer, permit or allow such dog to bark, howl or whine or make any other disturbance in a loud or prolonged manner which shall unreasonably disturb any other person.
[Amended 12-17-2012 by L.L. No. 2-2012; 11-19-2018 by L.L. No. 20-2018]
It shall be unlawful for any person to keep or harbor a dog in the Village unless such dog is licensed as required in Article 7 of the New York State Agriculture and Markets Law, and such person shall, upon conviction thereof, be guilty of disorderly conduct and subject to a fine not to exceed $500 and/or 15 days in jail for each violation.
[Amended 10-26-1987 by L.L. No. 8-1987; 11-13-1995 by L.L. No. 2-1995; 4-7-1997; 6-16-1997 by L.L. No. 3-1997; 2-12-2007 by Res. No. 022/07; 3-21-2011 by L.L. No. 1-2011; 12-17-2012 by L.L. No. 2-2012]
A. 
The annual local dog license fee for each dog shall be:
(1) 
Nine dollars for each spayed or neutered dog.
(2) 
Fifteen dollars for each unspayed or unneutered dog.
B. 
The annual statutory fee for each dog licensed pursuant to Article 7 of the Agriculture and Markets Law shall be an additional:
(1) 
One dollar for each spayed or neutered dog.
(2) 
Three dollars for each unspayed or unneutered dog.
[Amended 12-17-2012 by L.L. No. 2-2012]
Any person violating any provisions of this article shall be liable for and forced to pay a penalty or fine not exceeding $50. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person in violation of this article or any provision shall be and hereby is declared a disorderly person.
[Amended 12-17-2012 by L.L. No. 2-2012]
The Board of Trustees of the Village may, from time to time, appoint a person to act as Dog Control Officer pursuant to Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 3-21-2011 by L.L. No. 1-2011; 12-17-2012 by L.L. No. 2-2012]
A. 
The Board of Trustees may, from time to time, appoint a person to act as keeper of the public pound or contract for such services and likewise may appoint or contract for a dog catcher and dog disposal.
B. 
It may be the duty of the keeper of the public pound of the Village of Valley Stream or any policeman of said Village or any authorized person to distrain or cause to be distrained and impounded any unmuzzled or unleashed dog, as provided in § 4-11, in violation of this article or any provisions thereof. The keeper of said pound or other authorized person shall be entitled to receive $10 for each dog so distrained and delivered.
[Amended 10-26-1987 by L.L. No. 8-1987; 11-13-1995 by L.L. No. 2-1995; 4-7-1997; 6-16-1997 by L.L. No. 3-1997; 8-17-1998 by L.L. No. 6-1998; 4-7-2003 by Res. No. 057/03; 9-19-2005 by Res. No. 161/05; 11-17-2008 by Res. No. 167/08; 1-23-2012 by Res. No. 009/12; 12-17-2012 by L.L. No. 2-2012]
The owner of a dog seized may redeem the dog within five days by producing to the person seizing the dog a license for the dog and paying $60 for the cost of the seizure. If the seizure occurs on weekends, holidays or before 9:00 a.m. or after 3:00 p.m. on days in which Village Hall is open, the owner must pay an additional $240, for a total of $300 for the cost of the seizure. This fee may be amended by resolution of the Board of Trustees. If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed by the keeper of the pound or other authorized representative. In the case of sale, the purchaser must pay the purchase price to the Clerk or Dog Control Officer.
All local laws or parts of local laws in conflict with this article are hereby repealed.
[Amended 10-26-1987 by L.L. No. 8-1987]
The foregoing provisions shall take effect immediately upon filing with the Secretary of State.