Village of Nassau, NY
Rensselaer County
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Table of Contents
Table of Contents
[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:
ANIMAL
Any dog or cat, whether male, female or neutered, or any other animal.
[Amended 11-12-2008 by L.L. No. 1-2008]
ANIMAL CONTROL OFFICER
A person or persons appointed by the Village of Nassau for the purpose of enforcing this article and/or any police officer.
AT LARGE
An unleashed animal off the premises of the owner.
LEASHED
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.
OWNER
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. 
Be at large.
B. 
Cause unreasonable annoyance to any person in that it:
[Amended 11-12-2008 by L.L. No. 1-2008]
(1) 
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) 
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. 
Cause damage to or destruction of public or private property.
D. 
Defecate, urinate or otherwise commit a nuisance upon property other than that owned by the owner of the animal.
E. 
Cause any person to be in reasonable apprehension of physical injury to himself or to a minor under his control.
F. 
Be licensed when six months of age or older, except that this provision shall not apply to cats.
G. 
Not have a current and valid New York State identification tag, except that a cat need not have such a tag.
H. 
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. 
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. 
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. 
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.