Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This chapter, formerly titled "Animals," was renamed 10-1-2018 by L.L. No. 11-2018.
[Adopted 8-18-1980 by L.L. No. 2-1980]
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
A dog or domestic animal which is not within a fence or tied on a line, either of which must be sufficient to restrain said dog or animal.
DOG
Any male, female or neutered domestic canine, regardless of age.
DOMESTIC ANIMAL
Any domestic animal as defined by the New York State Agriculture and Markets Law.
OWNER
Any person who owns, harbors or has the care, custody or control of a dog or domestic animal, whether said dog or animal is licensed or unlicensed.
A. 
No owner or possessor of a dog or domestic animal shall permit such dog or animal to be at large in the Village of Irvington except as provided in § 83-2B.
B. 
The owner, possessor or custodian of a dog shall control and restrain such dog by a chain or leash not exceeding eight feet in length, except when such dog is on residential premises with the knowledge and permission of the owner of the premises or when such dog is on nonresidential premises during the hours when such property is closed to the public with the knowledge and permission of the owner of the premises.
C. 
No owner or possessor of a dog or domestic animal shall suffer or permit it to soil, defile or commit any nuisance on any commonfare, sidewalk, passageway, bypath, play area, park or any place where the public congregates or walks or upon any lawn, shrubbery or tree on any private property not belonging to the owner or custodian of said dog or animal; provided, however, that for the purpose of this section of this chapter, the above-mentioned restrictions shall not apply to that portion of the street lying between the curblines, which shall be used to curb a dog.
D. 
No owner or possessor shall permit the premises, structure or enclosures in which a dog or domestic animal is kept to be unclean or unsanitary as to create a public nuisance.
E. 
No owner or possessor of a dog or domestic animal shall permit such animal or dog to be at large and to chase or attack any person peacefully conducting himself in any place where such person may lawfully be or to chase or attack any dog, cat or domestic animal while such animal is in any place it may lawfully be.
F. 
No person shall cause or permit one or more dogs or domestic animals owned, controlled or possessed by him to enter or remain upon premises owned by another without license or privilege to do so.
[Amended 6-16-2014 by L.L. No. 13-2014; 10-1-2018 by L.L. No. 11-2018]
A. 
Each and every violation of this article shall be punishable by a fine of $25 per dog or domestic animal for the first offense, except as provided for in § 83-3C.
B. 
After an individual has been convicted of a violation of any provision of this article, a subsequent conviction for violation of any provisions of this article shall be punishable by a fine of not less than $50 nor more than $250 per dog or domestic animal and/or imprisonment for not more than 15 days.
C. 
A person found guilty of a violation of § 83-2E, regardless of whether s/he has previously been convicted of a violation of this article, shall be punished by a fine of not less than $50 nor more than $250 per dog or domestic animal and/or imprisonment for not more than 15 days.
D. 
For the purpose of determining a violation of this article, prior conduct of the dog or domestic animal shall be admissible, whether or not such conduct has resulted in an individual being convicted of a violation of this article or any other law or ordinance applicable thereto.
[Adopted 10-1-2018 by L.L. No. 11-2018]
As used in this chapter, the following terms shall have the meanings indicated:
BEES
All life stages of the domestic honey bee.
COLONY
A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.
HIVE or BEEHIVE
The receptacle inhabited by a bee colony that is manufactured for that purpose.
A. 
On lots smaller than 40,000 square feet, no more than two bee colonies shall be permitted. On lots 40,000 square feet or greater, no more than four bee colonies shall be permitted.
B. 
Regardless of lot size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the hives are situated, there shall be no limit to the number of colonies.
A. 
No hive may be located within the required front yard setback, including the two front yard setbacks of a corner lot.
B. 
Hives shall be located at least 25 feet from any property line.
C. 
The entrance to any hive must face away from the property line closest to the hive.
A. 
All bee colonies shall be kept in movable frame hives with adequate space maintained in the hives to prevent overcrowding and swarming.
B. 
Hives shall be maintained at all times in sound and usable condition.
An adequate supply of fresh water shall be maintained in a location on the lot that is readily available to all bee colonies on the lot throughout the day.
It shall be the duty of every beekeeper: (1) to be educated in and strictly adhere to best management practices; (2) to maintain bees, bee colonies and hives in a location and condition that will prevent diseases, abandonment of the hive by the bee colony, and swarming, and will discourage the potential for aggressive behavior and other nuisance behaviors, including but not limited to those defined in this article; and (3) to be able to respond immediately to control bee swarms and to remediate any nuisance conditions.
A. 
All beehives shall be registered annually with the Village on forms provided or approved by the Village; the purposes of such registration being to maintain a record of the number and location of each bee colony, to obtain the most current contact and credential/education information in connection with each beekeeper and to obtain a certification from each beekeeper acknowledging receipt of a copy of this article and the most current rules and regulations that may be promulgated pursuant to this article.
B. 
A beekeeper shall provide to the Village any updates to the information contained in the annual registration within 10 days of any change, including but not limited to the abandonment or change in location of any hive.
C. 
Any person intending to maintain a beehive must notify abutting property owners and current residents of those properties, at least two weeks prior to registration (including annual re-registration), that s/he intends to maintain a hive. Notification shall be by a method of mail or delivery service providing proof of mailing or delivery or by personal service of the notice on the property owners/residents, evidenced by their signature as acknowledgment of receipt of such notice. Proof of such notification shall be required in order to register with the Village.
A. 
Notwithstanding compliance with the requirements of this article, it shall be unlawful for any beekeeper to keep any colony in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others.
B. 
Any person who violates any provision of this article shall be subject to a penalty of not more than $250.
C. 
In addition, the Village may require the removal of any bee colonies that are found to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. If the bee colony is not removed within 14 days of being directed to do so by the Village, the Village may remove the colony and charge the beekeeper the costs of the removal, together with a charge of 50% of such costs to cover the cost of supervision and administration. If the property owner does not pay within 30 days of notification of the charges, the charges shall be assessed against the property and become a lien on the property and collected in the same manner as delinquent taxes.