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:
(1) 
A guide dog actually leading a blind person.
(2) 
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.
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 Incorporated Village of Mineola 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 the presence of a dog on 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.
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.
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 Incorporated Village of Mineola, any dog or other animal which, by its howling, barking or whining, shall disturb the neighborhood.
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 whatsoever or on any private property whatsoever without the permission of the owner of said property.
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.
C. 
The provisions of this subsection shall not apply to a guide dog actually leading a blind person.
[Added 5-3-1995 by L.L. No. 4-1995]
A. 
A Dog Control Officer may be appointed or designated by the Village to enforce this article, who shall have all the powers and duties contained in § 113 of the Agriculture and Markets Law.[1], [2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original § 54.25B, pertaining to powers of the Dog Control Officer, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Incorporated Village of Mineola.
C. 
No person shall hinder, resist or oppose the Dog Control Officer, any peace officer, agent or employee or representative of the Incorporated Village of Mineola in the performance of his or her duties under this article.
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 § 117 of the Agriculture and Markets Law.
B. 
In addition to the fees prescribed in § 117, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
If a dog is not redeemed as provided in § 117 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 of harboring such dog.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
A dog may also be disposed of pursuant to § 88 of the General Municipal Law without the payment of any fees or costs.
The Dog Control Officer and any other peace officer 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 § 113 of Article 7 of the Agriculture and Markets Law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).