[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
[Adopted 1-10-1984 by L.L. No. 1-1984;
amended in its entirety 5-8-1984 by L.L. No. 2-1984]
The purpose of this article shall be to preserve
public peace and good order in the Village of Nassau and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of animals that are consistent
with the rights and privileges of animal owners and the rights and
privileges of other citizens of the Village of Nassau.
As used in this article, the following terms
shall have the meanings indicated:
Any dog or cat, whether male, female or neutered, or any
other animal.
[Amended 11-12-2008 by L.L. No. 1-2008]
A person or persons appointed by the Village of Nassau for
the purpose of enforcing this article and/or any police officer.
An unleashed animal off the premises of the owner.
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the animal and which shall be held
by a person having the ability to control the animal.
Includes any person who keeps, harbors or has custody, care
or control of an animal. Animals owned by minors shall be deemed to
be in the custody and control of parents or other heads of the household
where the minor resides.
It shall be unlawful for any owner of an animal
in the Village of Nassau to permit or allow such animal to:
A.Â
Be at large.
B.Â
Cause unreasonable annoyance to any person in that
it:
[Amended 11-12-2008 by L.L. No. 1-2008]
(1)Â
Barks, howls, yelps, whines, meows, caterwauls, squawks,
caws, or makes any other noise which is audible off the property of
the owner, when such noise is continuous or without substantial interruption
for a period of not less than five minutes.
(2)Â
Barks, howls, yelps, whines, meows, caterwauls, squawks,
caws, or makes any other noise which is audible off the property of
the owner on not less than two separate occasions within one twenty-four-hour
period.
C.Â
Cause damage to or destruction of public or private
property.
D.Â
Defecate, urinate or otherwise commit a nuisance upon
property other than that owned by the owner of the animal.
E.Â
Cause any person to be in reasonable apprehension
of physical injury to himself or to a minor under his control.
F.Â
Be licensed when six months of age or older, except
that this provision shall not apply to cats.
G.Â
Not have a current and valid New York State identification
tag, except that a cat need not have such a tag.
H.Â
For any horse, cattle, sheep, goat, swine or poultry to be housed
or kept within the Village limits, or for any person to suffer or
permit any horse, cattle, sheep, goat, swine or poultry owned or possessed
by him or of which he shall have charge to be housed or kept within
the Village limits.
[Added 3-8-2017 by L.L.
No. 1-2017]
All female animals which have not been neutered
shall be confined to the premises of their owners while such animals
are in season (heat) and may not be left unattended while outside.
Any owner not adhering to this rule shall be subject to having the
animal seized by the Animal Control Officer and removed to a safe
place of confinement. The Village of Nassau, its agents, servants
and employees shall not be liable for any damages caused by reason
of said seizure, whether said damage be to the animal or otherwise,
and the owner of the animal shall indemnify and hold harmless the
Village of Nassau, its agents, servants or employees from any expenses,
bills, costs or fees incurred as a result of said seizure.
All premises occupied or used by animals shall
be kept in a clean, sanitary condition. Failure to provide food, water
or space sufficient for the age, size and number of animals on the
premises shall subject said animals to seizure. The Village of Nassau,
its agents, servants and employees shall not be liable for any damages
caused by reason of said seizure, whether said damage be to the animal
or otherwise, and the owner of the animal shall indemnify and hold
harmless the Village of Nassau, its agents, servants or employees
from any expenses, bills, costs or fees incurred as a result of said
seizure. Upon the owner's conviction of a violation of this article,
any animal seized pursuant to this section becomes the property of
the Village of Nassau for all purposes whatsoever.
Upon seizure of any animal, the Animal Control
Officer shall make a written record of the matter. The record shall
include the date, time and place of seizure, the reason for seizure,
a general description of the animal and any identifying tags or licenses,
the name and address of the owner and, if released, the date, time
and place of release, to whom released and the reason for release.
A.Â
If a seized animal is not wearing an identification
tag or license tag at the time of seizure, it shall be held for a
period of not less than three days.
B.Â
If a seized animal is wearing an identification tag
or license at the time of seizure, the owner shall be notified by
the Animal Control Officer within 72 hours, either in person or by
certified mail, return receipt requested, of the seizure of said animal.
If the owner is notified in person, the seized animal shall be held
for a period of not less than seven days and, if notified by mail,
for not less than nine days to await claiming by the owner.
C.Â
Any animal which remains unclaimed after the statutory
period shall be deemed abandoned. Abandoned animals may be released
to an authorized humane society, veterinarian or kennel for adoption
or destruction.
Any person who observes a violation of any section
of this article may file a signed complaint, under oath, with a Justice
of the Village of Nassau or with any Animal Control Officer of the
Village of Nassau. Said complaint shall specify the date, time and
place of the violation, the nature thereof and the name and address
of the owner of the animal.
[Amended 11-9-2006 by L.L. No. 2-2006]
This article is enforceable by any animal control
officer. Said Animal Control Officer shall have authority to issue
a summons or an appearance ticket for a violation of this article.
Said Animal Control Officer shall also have authority to seize animals
where authorized by the New York State Agriculture and Markets Law.
A summons or appearance ticket may be issued either on the basis of
the Animal Control Officer's personal knowledge or on the basis of
a filed complaint. An animal shall not be seized except upon the personal
knowledge of the Animal Control Officer that a violation of this article
such as would authorize a seizure has occurred, except that an Animal
Control Officer may accept custody of stray, lost or injured animals
brought to such officer's attention.
[Amended 11-9-2006 by L.L. No. 2-2006]
A violation of this article shall constitute
a violation as defined in the Penal Law of the State of New York and
shall be punishable as follows: for a first offense, to be punishable
by a fine of not less than $50 nor more than $150; for a second offense,
within two years, to be punishable by a fine of not less than $150
nor more than $200; for a third offense, within three years, to be
punishable by a fine of not less than $300 nor more than $500.
The Village of Nassau, its agents, servants
and/or employees shall not be liable for any damages caused by reason
of any impoundment, taking into custody, seizure, transferal, release,
adoption or destruction or any other act or omission with regard to
any animal, whether said damages be to the animal or its owner or
to another. The owner of any animal taken into custody, seized, transferred,
impounded, released, adopted or destroyed shall indemnify and hold
harmless the Village of Nassau, its agents, servants and/or employees
from any expenses, bills, costs or fees incurred by them as a result
of any impoundment, taking into custody, seizure, transferal, release,
adoption or destruction or any other act or omission to act on the
part of the Village of Nassau, its agents, servants and/or employees.
No action shall be maintainable against the Village of Nassau, its
agents, servants and/or employees for damages claimed to be caused
by the impoundment, taking into custody, seizure, transferal, release,
adoption or destruction or any other act or omission taken with regard
to any animal.
