[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Harbor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-10-1980 by L.L. No. 1-1980]
[Amended 10-29-2019 by L.L. No. 8-2019]
It appearing that dogs in the Incorporated Village
of Roslyn Harbor have, in some instances, been allowed to cause annoyance,
damage and harm to the person and properties of others and have created
nuisances within the Village, and it appearing further that dogs properly
cared for serve a useful purpose, the Board of Trustees of the Incorporated
Village of Roslyn Harbor enacts the following article to preserve
the relationship between a dog and his master and, at the same time,
to protect the health, safety, property and well-being of persons
and property from annoyance and damage caused by dogs by imposing
restrictions on persons owning or possessing dogs within the Village.
Unless otherwise expressly provided, for the
purpose of this article, the following words shall have the meanings
herein indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article and as amended
thereafter.
Harboring or keeping of a dog which is not registered to
the property owner or tenant.
[Added 6-9-2016 by L.L.
No. 3-2016; amended 10-29-2019 by L.L. No. 8-2019]
Male and female members of the species Canis familiaris.
The individual or individuals authorized to enforce this
article, including the Building Official of the Village.
[Amended 12-3-1997 by L.L. No. 6-1997]
To provide food or shelter to any dog.
The owner of record or any person who harbors any dog. If
the owner of a dog is under the age of 16 years, the parent or guardian
of such person shall be deemed the owner.
The person in whose name a dog was last licensed pursuant
to Article 7 of the Agriculture and Markets Law.
Any individual, corporation, partnership or association.
A person having custody or control of any dog.
A place to which the public or a substantial group of persons
has access and includes, but is not limited to, sidewalks, streets,
transportation facilities, schools, places of amusement, parks and
playgrounds.
No person shall own or possess a dog within
the Incorporated Village of Roslyn Harbor unless such dog is licensed
and identified as provided in Article 7 of the Agriculture and Markets
Law. The fact that a dog is without a tag attached to the collar,
as provided in Article 7 of the Agriculture and Markets Law, shall
be presumptive evidence that such dog is unlicensed.
It shall be unlawful for a dog to be on public
property, or on private property without the consent of the owner
or person in possession of such private property, unless the dog is
effectively restrained in the immediate custody and control of its
owner or possessor by a chain or leash not exceeding six feet in length.
A person owning or possessing a dog which is not so restrained, with
or without the knowledge, consent or fault of such person, shall be
guilty of a violation of this article. It shall be presumed that the
presence of a dog upon private property of a person other than the
dog's owner or possessor is without the consent of the owner or person
in possession of such private property.
[Amended12-3-1997 by L.L. No. 6-1997]
It shall be unlawful for any owner of or any
person harboring any dog to permit or allow such dog while in the
Village of Roslyn Harbor to:
A.Â
Soil, defile, defecate or urinate on private property
without the consent of the owner or person in possession of such private
property. A person owning, possessing or harboring a dog which soils,
defiles, defecates or urinates or commits any nuisance as prohibited
herein, with or without the knowledge, consent or fault of such person,
shall be guilty of a violation of this section. It shall be presumed
that a dog soiling, defiling, defecating or urinating or committing
a nuisance on private property of a person other than the dog's owner
or possessor does so without the consent of the owner or person in
possession of such property.
B.Â
Soil, defile, defecate or urinate on or commit any
nuisance on any common thoroughfare, sidewalk, passageway, bypath,
school playground, public playground, play area, public park or any
place where people congregate or walk or on any public property whatsoever.
(1)Â
The foregoing prohibition shall not apply to that
portion of the street lying between the curblines or on the unpaved
portion of a roadway, which shall be used to curb such dog in accordance
with the following conditions and requirements:
(a)Â
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method.
(b)Â
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, possessing, keeping or in charge of any dog curbed in accordance
with the provisions of this section.
(2)Â
A person owning, harboring or possessing a dog which
soils, defiles, defecates, urinates or commits any nuisance on any
common thoroughfare, sidewalk, passageway, bypath, school playground,
public playground, play area, public park or any place where people
congregate or walk or on any public property whatsoever as prohibited
herein, with or without the knowledge, consent or fault of such owner,
harborer or possessor, shall be guilty of a violation of this section.
It shall be unlawful for a dog to chase, jump
upon or at or otherwise harass any person in such a manner as to reasonably
cause intimidation or fear by such person or to put such person in
reasonable apprehension of bodily harm or injury. A person owning
or possessing a dog committing an act prohibited herein, with or without
the knowledge, consent or fault of such person, shall be guilty of
a violation of this section.
A.Â
It shall be unlawful for a dog to engage in habitual
or frequent loud howling, barking, crying or whining so as to unreasonably
disturb the comfort or repose of any person in the vicinity. The person
owning or possessing a dog committing an act prohibited herein, with
or without the knowledge, consent or fault of such person, shall be
guilty of a violation of this section.
B.Â
No owner or persons harboring or possessing a dog
shall permit the enclosure in which the dog is kept to be unsanitary
or unclean or to emit an odor which shall be unreasonably annoying
to persons owning property adjacent to the property where said enclosures
are located.
[Amended 12-3-1997 by L.L. No. 6-1997]
[1]
Editor's Note: Former § 92-8, Boarding, added 6-9-2016 by L.L. No. 3-2016, was repealed 4-28-2021 by L.L. No. 3-2021.
A.Â
Any dog found on public property or on property without
the consent of the owner or person in possession of such private property,
which is not effectively restrained by a chain or leash as provided
in this article, or any dog unidentified or unlicensed as provided
in Article 7 of the Agriculture and Markets Law, shall be seized by
any duly appointed dog warden or peace officer and shall thereafter
be confined and/or disposed of pursuant to the procedure established
by the township having jurisdiction thereof. Any such dog that cannot
be safely seized may be destroyed by any duly appointed dog warden
or peace officer.
B.Â
The owner or authorized agent of the owner of any
dog seized pursuant to this article may redeem such dog by complying
with the procedures established by either the Town of North Hempstead
or the Town of Oyster Bay, depending upon the portion of the Village
in which such dog was seized and the township having possession of
such dog.
[Added 6-9-2016 by L.L.
No. 3-2016[1]]
A.Â
No more than one doghouse or structure accommodating a dog shall
be permitted per lot. No doghouse or similar accessory structure shall
accommodate more than four dogs of the equivalent size or larger than
an adult dog. The temporary raising of a litter shall be permitted.
B.Â
No doghouse or similar accessory buildings accommodating a dog or
dog run shall exceed 25 square feet of floor area, exceed six feet
in height, or be closer than 30 feet to any property line.
A.Â
The dog warden, peace officer or Building Official
observing a violation of any section of this article shall 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.
[Amended 12-3-1997 by L.L. No. 6-1997]
B.Â
Any person observing a violation of any section of
this article may personally appear at the office of the Village Clerk
and report such a violation. Said person may also sign and swear to
the appropriate accusatory instrument as required by law and thereby
commence prosecution of the alleged violator.
[Amended 12-3-1997 by L.L. No. 6-1997; 3-22-2006 by L.L. No. 1-2006; 10-29-2019 by L.L. No. 8-2019]
Any person who shall violate any provision of this article shall be guilty of a violation punishable as provided in Chapter 1, Article I of this Code, except that there shall be a mandatory fine of $500 for the first offense, a mandatory fine of $1,500 for second violation within a one-year period, and a mandatory fine of $3,000 for each and every additional violation that occurs within a two-year period. In addition, any dog found to be dangerous to the health, safety or welfare of persons or property may, in the discretion of the court, be ordered destroyed.
