Village of Roslyn, NY Article II Dogs

§ 164-10 Definitions.

A. As used in this article, unless otherwise expressly stated or unless the content or subject matter otherwise requires, the following terms shall have the meanings indicated:

AT LARGE

Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is a guide dog actually leading a blind person or a police work dog in use for police work.

DOG

Any member of the species Canis familiaris.

DOG CONTROL OFFICER

Any individual appointed or authorized by the Village to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village to assist in the enforcement of this article.

OWNER

Any person who harbors or keeps any dog.

OWNER'S PREMISES

Any premises owned, occupied or under the control of the dog owner, but shall exclude any portion which is part of a public street, sidewalk or public place.

B. All other words and phrases used in this article shall for the purpose of this article have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law.

§ 164-11 Licensing and identification of dogs required.

No person shall own, harbor, or keep a dog within the Village unless such dog is licensed and identified as required under the Agriculture and Markets Law of the State of New York. The identification number assigned to each dog shall be carried by such dog on an identification tag which shall be affixed to a collar on the dog at all times during which the dog is not upon the premises of the owner thereof.

§ 164-12 Dogs at large.

A. No person who owns, possesses or harbors a dog (male or female) shall permit, allow, suffer or tolerate such dog, whether or not tagged or licensed, to run loose or at large in the Village on any street, sidewalk, park or public place or on any private property without the consent of the owner or person in possession of said private property. No such dog shall be permitted at any time to be on such street, sidewalk, park or public place or private property in said Village unless it is effectively restrained in the immediate custody of the owner or custodian of the dog by a chain or leash not exceeding six feet in length. It shall be presumed that a dog on the private property of a person other than the dog's owner or possessor is so present without the consent of the owner or person in possession of such private property.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Any person owning, possessing or harboring a dog, whether or not tagged or licensed, who shall fail to exercise due care in preventing such dog from running loose and at large shall be guilty of a violation of this chapter. The presence of any dog which is loose or at large shall be presumptive evidence that the person who owns, possesses or harbors such dog suffers or tolerates it to be loose and at large in violation of this chapter and shall be presumptive evidence that the person has failed to exercise due care in preventing such dog from running loose and at large in violation of this chapter.

§ 164-13 Disturbances by animals.

No person shall have or keep or permit to be kept, on any premises owned or occupied in whole or in part by him or her within the Village, any dog or other animal which by its howling, barking, squawking or whining shall disturb the neighborhood.

§ 164-14 Curbing of dogs.

A. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or any public property or public right-of-way whatsoever, or on any private property whatsoever.

B. The restrictions of this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:

(1) Any person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method.

(2) The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this section. No feces shall be deposited in any storm drain or stormwater catch basin in the Village or garbage receptacle owned or maintained by the Village.

C. This section shall not apply to a disabled person using a guide dog.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 164-15 Supervision of dogs.

No person owning, harboring, keeping or in charge of any dog shall cause, suffer, or allow such dog to do any injury or damage to any person, lawn, shrubbery, flowers, grounds or property.

§ 164-16 Dog Control Officer.

A. A Dog Control Officer may be appointed or designated by the Mayor, subject to approval of Board of Trustees, to enforce this article, which officer shall have all the powers and duties contained in § 114 of the Agriculture and Markets Law.

B. The Dog Control Officer shall keep a record and description of each animal seized, including the date and manner of its disposition or redemption and the name and address of the person by whom redeemed and any other information required by the Agriculture and Markets Law or deemed necessary by the Board of Trustees of the Village.

C. No person shall hinder, resist or oppose the Dog Control Officer, any peace officer, agent or employee or representative of the Village in the performance of his or her duties under this article.

§ 164-17 Seizure and impounding of dogs.

A. Any dog running at large within the Village or which is not licensed or not identified and which is not on the owner's premises may be seized, impounded and disposed of pursuant to § 118 of the Agriculture and Markets Law.

B. In addition to the fees prescribed in § 118, Subdivision 4 of the Agriculture and Markets Law, the owner shall pay the actual cost of harboring such dog, per day or part thereof, after seizure and impounding, that such dog is held in custody and any administrative costs incurred by the Village.

§ 164-18 Disposition of impounded dogs.

A. If a dog is not redeemed as provided in § 118 of the Agriculture and Markets Law, a dog may be made available for adoption, provided that the new owner shall pay the impounding fee and the actual cost plus administration expenses of harboring such dog, if any shall have been incurred by the Village.

B. A dog may also be disposed of pursuant to § 88 of the General Municipal Law without the payment of any fees or costs.

§ 164-19 Appearance tickets.

The Dog Control Officer and any other person authorized by the Village to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket pursuant to the Criminal Procedure Law or, in lieu thereof, a uniform appearance ticket as provided in § 114 of Article 7 of the Agriculture and Markets Law. All violations under this chapter shall be prosecuted in the Village Justice Court or as otherwise provided by law. Each day that a violation of this chapter is committed shall constitute a separate offense.