[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza: Art. I, 8-1-1974 as L.L. No. 7-1974; Art. II, 11-19-1980 as L.L. No. 7-1980. Amendments noted where applicable.]
[Adopted 8-1-1974 as L.L. No. 7-1974]
The Board of Trustees of the Village of Great Neck Plaza hereby finds that it is necessary to adopt a local law to provide for the control of animals which are wild, ferocious, fierce, dangerous or naturally inclined to do harm. The presence of such animals in a residential community such as the village creates a potential danger to the residents.
No person shall keep an animal of a species which is wild, ferocious, fierce, dangerous or naturally inclined to do harm or which because of its size or strength cannot reasonably be controlled by the average person in any place located within the geographical limits of the Village of Great Neck Plaza other than:
A zoological park or aquarium operated by Nassau County, the Town of North Hempstead, the Great Neck Park District or the Village of Great Neck Plaza;
A laboratory operated pursuant to the Public Health Law; or
A circus, sideshow or other place of public exhibition or amusement, an educational or scientific institution or an establishment of a commercial dealer in animals, which has protective devices which are adequate to prevent such animal from escaping or injuring the public.
No venomous snake or other venomous animal shall be sold to, given to or kept by any person except an educational or scientific institution, a zoological park or aquarium operated by Nassau County, the Town of North Hempstead, the Great Neck Park District or the Village of Great Neck Plaza.
No person residing within the village may keep an animal of any kind except when authorized by resolution of the Board of Trustees, provided that this prohibition shall not apply to dogs, cats and other domestic animals which are customarily maintained by persons as pets.
Any person who violates the provisions of this Article shall be liable to pay a penalty not to exceed $250 or to a period of imprisonment not to exceed 15 days, or both, for each such violation.
[Adopted 11-19-1980 as L.L. No. 7-1980]
Ordinance No. 35 provided for the restriction of dogs running at large in the Village of Great Neck Plaza. Local Law No. 1 of 1978 provided for the restriction of other acts committed by dogs within the Village of Great Neck Plaza. This Article will consolidate all such regulation of these animals, the enforcement of the regulations and the punishments for violations and, in addition, will bring the Village of Great Neck Plaza in accord with such regulations of the other villages within the Town of North Hempstead, enabling the Town of North Hempstead to assist in enforcement.
The Board of Trustees hereby repeals Ordinance No. 35 and Local Law No. 1 of 1978.
No person who possesses, maintains, controls, lodges, harbors or has custody or charge of a dog (male or female), cat or other animal shall permit, allow, suffer, tolerate or cause such dog, cat or other animal, whether or not tagged or licensed, to run loose or at large in or on any street, sidewalk, park or public place or on any private property without the consent or permission of the owner in the Village of Great Neck Plaza. No such dog, cat or other animal shall be permitted at any time to be on any street, sidewalk, park, public place or private property unless effectively restrained in the immediate custody of the owner or custodian by a chain or leash not exceeding six feet in length.
Any person owning, keeping, harboring or having custody or charge of a dog, cat or other animal, whether or not tagged or licensed, who shall fail to exercise due care in preventing such dog, cat or other animal from running loose or at large shall be guilty of a violation of this Article.
The presence of any dog, cat or other animal which is loose or at large shall be presumptive evidence that the person who owns, possesses or harbors such dog permits, allows, suffers, tolerates or causes it to be loose or at large in violation of this Article and shall also be presumptive evidence that such person has failed to exercise due care in preventing such dog from running loose or at large in violation of this Article.
Any dog, whether or not tagged or licensed, found at large in any street, sidewalk, park, public place or private place without the consent or permission of the owner, and not under effective restraint as aforesaid, may be seized by any duly appointed dog warden, peace officer, duly authorized officer or representative of the village or by the Town of North Hempstead Animal Warden.
If the dog at large shall be seized by the Town Animal Warden, it shall be impounded in a pound maintained by the Town of North Hempstead; otherwise, it shall be impounded by the village or in a pound maintained by a dog protective association, or a society for the prevention of cruelty to animals, or other agency or institution, pursuant to an agreement between the village and the town, association, society, agency or other institution.
The Town Animal Warden or peace officer observing a violation of this Article is authorized to issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed and in accordance with the provisions of the Agriculture and Markets Law and the Criminal Procedure Law.
Any person observing a violation of this Article may personally appear at the office of the Town Attorney 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 violation.
If the dog seized is bearing a license tag, the Town Animal Warden or officer or representative of the village shall ascertain the owner of the dog and shall give immediate notice by serving on such owner or adult member of his or her family a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within the period provided in § 73-11 below.
Town of North Hempstead:
The owner of a dog seized by a Town Animal Shelter may redeem such dog within 12 days of seizure by paying to the Director of the Town of North Hempstead Animal Shelter a redemption fee of $10 as the cost of seizure, plus a fee of $3 for each day or part thereof that such dog is confined to the Town Animal Shelter, together with expenses incurred by the town for professional veterinary services rendered in the necessary treatment of such dogs, together with the applicable license fee if the dog is unlicensed.
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 be destroyed by the Director of the Town of North Hempstead Shelter.
Village of Great Neck Plaza:
The owner of a dog seized by the village may redeem such dog within seven days, except that the owner of a dog bearing a license tag may redeem the dog within 12 days by paying to the Clerk of the village the sum of $2 as the cost of the seizure.
If not so redeemed, the owner shall forfeit all title to the dog and the dog shall be sold or destroyed by the peace officer or such representative. In case of sale, the purchaser must pay the purchase price to the Clerk of the village.
No person shall be permitted to harbor or keep more than two adult dogs or cats on his or her premises within any residential district in the Village of Great Neck Plaza. For the purpose of this Article, any dog over the age of six months shall be considered an adult dog.
Any dog or dogs, cats or other animals maintained, owned, possessed, controlled, harbored or kept by any person owned or occupied in whole or in part by him or her, within the corporate limits of said village, shall be cared for, maintained and handled in a manner which shall be sanitary and to prevent noises, barking, fighting, howling, yelping or whining at any time so as to disturb the peace and quiet of the neighborhood.
A person who owns, has charge of, possesses, maintains, keeps or controls a dog, cat or other animal shall not permit the animal to commit a nuisance on a sidewalk of any public place, or a floor, wall, stairway or roof of any public or private premises used in common by the public, or on a fence, wall or stairway of a building abutting on a public place, or in the yard or other area of private property and shall effectively restrain such dog, cat or other animal from entering on private property without the permission of the owner and shall keep such animal of whatever kind at the curb on all streets in the village. The term "sidewalk" as used in this Article shall mean the area between the curbline and the property line of the abutting property owner.
It shall be the duty of each person who owns a dog, cat or other animal, and each person who accompanies a dog, cat or other animal, by walking it or otherwise exercising control of it, to remove any feces left by his or her dog, cat or other animal on any sidewalk, gutter, street or other public area in the Village of Great Neck Plaza. The feces shall be removed by being placed in a bag or other container so that the feces are no longer in the sidewalk, gutter, street or other public place. The provisions of this Article shall not apply to guide dogs accompanying any blind person.
Any violation of this Article shall constitute a violation punishable by a fine of not more than $100 for a first offense and a maximum fine of $250 for any subsequent offense. For the purpose of enforcing this Article, appearance tickets may be issued by any village official, the Building Inspector, the Commissioner of Public Works, by any village employee so authorized by the Board of Trustees and by any person authorized to issue tickets for parking violations.