As used in this chapter, the following terms
shall have the meanings indicated:
ANIMAL
Any and all types of animals, fowl, and fish, both domesticated
and wild.
ANNOYING DOG
A dog which, when it is not on the premises of its owner
or custodian:
A.
Without being provoked, harasses or threatens
a person in such a manner so as to create the apprehension of fear
of bodily injury by such person; or
B.
Deposits solid animal waste on or damages the
real property of or damages or destroys the personal property of a
person other than the dog's owner or custodian.
AT LARGE
When an animal is not on the premises of its owner or custodian
or is not on a leash or is not under the immediate control of its
owner or custodian.
DANGEROUS DOG
A dog determined to be such pursuant to the provisions of
§ 121 of the Agriculture and Markets Law of
the State of New York.
Any person who is the owner, harborer or having
custody or control of any animal shall not permit to be at large in
the Village of Centre Island any animal except the following:
A. Dogs that are not declared dangerous or annoying.
B. House cats not exceeding 15 pounds in weight.
C. Animals which, by their nature or behavior, have no
propensity to be dangerous to persons or harmful to property.
Any resident claiming that a dog is dangerous
or annoying, as defined herein, or is or was at large in violation
of this chapter may make written complaint to the Village Clerk or
the Village Justice. It shall be the duty of the Village Justice to
issue a summons requiring the owner or person harboring such dog to
appear before the Village Court to determine such issue.
Upon reasonable belief by an officer of the
Police Department that a dog is dangerous or annoying, as defined
herein, or is or was at large in violation of this chapter, he may
issue an appearance ticket requiring the owner or custodian of such
dog to appear before the Village Justice to determine such issue.
The Village Justice shall hold a trial for the
purpose of determining whether the dog which is the subject of the
complaint is dangerous or annoying, as defined herein, or was at large
in violation of this chapter. If, after trial, the Village Justice
finds that such dog is dangerous or annoying, he shall order and declare
that such dog is dangerous or annoying, and thereafter it shall be
unlawful for such dangerous or annoying dog to be at large in the
Village of Centre Island.
Upon a finding by the Village Justice that a
dog is dangerous or annoying or that an animal was at large in violation
of this chapter, the owner or custodian of such animal shall be responsible
in damages for any injury or damage caused by such animal and shall
also be liable for the following fines for each violation:
A. First violation relating to a particular animal: $100.
B. Second violation relating to an animal involved in
the first violation: $250.
C. Third subsequent violation relating to the animal
involved in the first and second violation: $500.