[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park 5-22-1967 as Ch. 5 of the 1967 Code.
Amendments noted where applicable.]
[Amended 5-12-1980 by L.L. No. 3-1980; 7-13-1981 by L.L. No. 4-1981; 4-11-1983 by L.L. No. 3-1983; 8-22-1988 by L.L. No. 7-1988; 1-7-1991 by L.L. No. 1-1991; 11-22-2010 by L.L. No. 1-2011]
A.
The owner of any dog four months of age or older, unless otherwise
exempted, is required to make regular applications for a dog license
to the Village Clerk. The owner of each dog required to be licensed
shall obtain, complete and return to the Village Clerk a dog license
application together with the license application fee, any applicable
license surcharges and such additional fees as may be established
by the Board of Trustees of the Incorporated Village of Massapequa
Park. Each license application shall be accompanied by proof that
the dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccinations would endanger the dog's
life, in which case vaccination shall not be required.
B.
Each license issued shall be valid for a period of one year. The
term of the license shall not exceed the last day of the eleventh
month following the expiration date of the current rabies certificate
for the dog being licensed.
C.
The annual fee for each dog license issued shall be:
(1)
Nine dollars for each spayed or neutered dog. In the case of an altered
dog, every application shall be accompanied by a certificate signed
by a licensed veterinarian showing that the dog has been spayed or
neutered, except that such certificate or affidavit is not required
if same is already on file with the Village Clerk. In lieu of the
spay or neuter certificate, an owner may present a statement certified
by a licensed veterinarian stating that he or she has examined the
dog and found that because of old age or other reason, the life of
the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as an altered dog.
(2)
Fifteen dollars for each spayed or unneutered dog.
(3)
In addition to the fees set forth in Subsections (1) and (2) of this section, there shall be imposed a surcharge of $1 if the dog to be licensed is altered, or a fee of $3 if the dog sought to be licensed is unaltered. This surcharge will be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts.
(4)
Senior citizens, over the age of 65, are entitled to a discount.
The fee for a spayed/neutered dog will be $5 and the fee for unspayed/unneutered
dogs will be $9.
D.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection or police dog. The person owning, possessing or harboring
such a dog bears the burden of demonstrating to the satisfaction of
the Village Clerk that the dog is a service dog and exempt from the
licensing fee.
E.
All license fees shall be nonrefundable.
A.
It shall be unlawful for any person to own, possess, harbor or keep
a dog which is not licensed. The fact that a dog is without a tag
attached to the collar shall be presumptive evidence that such dog
is unlicensed.
B.
Any dog harbored within the Village of Massapequa Park which is owned
by a resident of New York City or licensed by the City of New York,
or which is owned by a nonresident of New York State and licensed
by a jurisdiction outside of the State of New York, shall for a period
of 30 days be exempt from the licensing and identification provisions
of this chapter.
A.
It shall be unlawful for any person to own, harbor or keep a dog
which has not been identified.
B.
It shall be unlawful for any person who owns, harbors, or keeps a
dog to permit such dog off the premises of such person without an
identification tag attached to the dog's collar.
C.
It shall be unlawful for any person to knowingly affix any false
or improper identification to any dog.
D.
Tags issued by the Village Clerk shall be inscribed with "Inc. Village
of Massapequa Park." current telephone number for the Office of the
Village Clerk, and a unique identification number for each dog licensed
by the Village.
A.
In the event of a change in ownership of any dog licensed pursuant
to this article or the address of the owner of record of any such
dog, the owner of record shall, within 10 days of such change, file
with the Village Clerk a written report of such change. Such owner
shall remain liable for any violation of this article until such filing
is made or until the dog is licensed in the name of the new owner.
B.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days after the discovery
of such event, file with the Village Clerk a written report of such
loss or theft. The owner shall not be responsible for any violation
of this article with respect to such dog after such report is filed.
C.
In the case of a dog's death, the owner of record shall notify
the Village Clerk of the dog's death either before or upon receipt
of a renewal notice from the Village.
A.
It shall be unlawful for any person owning, possessing or harboring
any dog to allow the same to run loose or be at large upon any public
highway, street or other public place in the Village.
B.
All dogs must be under the immediate and full control of the owner
or person in charge thereof and restrained on a leash.
It shall be unlawful for an owner to keep, harbor or otherwise
maintain a dog in the Village which shall disturb the quiet of any
person or neighborhood or which shall attack any person or which shall
cause danger or fear to any person or neighborhood.
Any dog of fierce, dangerous or vicious propensities shall be
confined by the owner on the owner's premises at all times in
such manner that it cannot reach persons who may have occasion to
lawfully enter upon said premises.
The owner of any female dog in heat shall not keep, harbor or
otherwise maintain such dog in the Village unless the same is confined
in a kennel or veterinary hospital or in an enclosed building on the
owner's property during the entire period such dog is in heat.
Any female dog in heat which is not confined is hereby declared to
be a public nuisance and may be apprehended and impounded upon the
order of the Village Clerk.
A.
Seizure. The Village Dog Warden or any other person or agency duly
authorized by the Village shall seize any dog found at large or not
under the immediate control of the owner or person in charge thereof.
Every dog not licensed or tagged as provided by the Agriculture and
Markets Law shall be held by said Dog Warden for seven days; every
dog so seized which is unleashed but licensed shall be held for 12
days. All dogs seized shall be properly fed and cared for at the expense
of the municipality until disposed of.
B.
Redemption. The owner of a tagged or untagged dog which as been seized
may redeem the same in accordance with the regulations of the agency
or person authorized by the Village to impound such dogs.
C.
Failure to redeem. Any dog not redeemed as provided in Subsection B shall be sold or destroyed by the Warden. In case of a sale, the purchaser must pay the purchase price therefor to the Village Clerk and shall also obtain a license for the dog.
D.
Application of statutes. All proceedings by the Village Warden for
seizing and impounding a dog, the redemption, destruction or sale
thereof and the fees of such Dog Warden shall be conducted pursuant
to the provisions of the Agriculture and Markets Law.
A.
Dogs shall not create a nuisance by defecating on public property
or private property.
B.
It shall be unlawful for any dog to create a nuisance by defecating
on public property or private property other than the property owned
or leased by the person owning, possessing, harboring or having control
over such dog.
C.
Any person owning, possessing, harboring or having control over such
dog shall be in violation of this section unless the feces are immediately
removed in a suitable container and sanitarily disposed of.
This article shall include any other New York State regulations
as set forth in the New York State Agriculture and Markets Law, Article
7, Licensing, Indemnification and Control of Dogs.
No house, building, pen or yard for the keeping
of fowl or other animals, wild or domestic, except dogs, shall be
built or shall be maintained in the Village by any person.
It shall be unlawful for any person to keep
or maintain on premises owned, rented or controlled by him any fowl,
rabbits, reptiles or wild animals.
It shall be unlawful for any person to operate
a livery stable or riding academy anywhere within the Village.
