[Adopted 10-15-1976 by L.L. No. 2-1976 (Ch. 3, Art. I, of
the 1972 Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.
[Adopted 7-5-1989 by L.L. No. 1-1989 (Ch. 3, Art. II, of
the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated:
DOG
Male or female members of the species Canis familiaris.
OWNER
The owner of record or any person who owns, possesses or
harbors any dog. If the owner of a dog shall be under the age of 16
years, the parent or guardian of such person shall be deemed the owner.
It shall be unlawful for any person owning, harboring or keeping
or having custody of a dog within the Incorporated Village of Malverne
to permit such dog to be off the premises of the owner, unless restrained
by a leash not exceeding six feet in length and held by a person capable
of physically controlling the dog.
No person shall entice any dog or other animal out of the house
of its owner or harborer or seize or molest any dog or other animal
while held or led by any person or while properly registered.
It shall be unlawful for any person to keep or harbor a dog
in the Village unless such dog is licensed by the Village Clerk in
accordance with Article 7 of the New York State Agriculture and Markets
Law.
The annual fees for licenses issued pursuant to this article
shall be as set forth from time to time by resolution adopted by the
Board of Trustees.
The Board of Trustees of the Village of Malverne shall, from
time to time, appoint a person to act as Dog Control Officer pursuant
to Article 7 of the Agriculture and Markets Law of the State of New
York.
The owner of a dog seized may redeem the dog within five days
by producing to the person seizing the dog a license for the dog and
paying a fee commensurate with the cost of impoundment, together with
a surcharge in an amount set from time to time by the Board of Trustees,
for the cost of the seizure. If not so redeemed, the owner shall forfeit
all title to the dog, and the dog shall be sold or destroyed by the
keeper of the pound or other authorized representative. In the case
of sale, the purchaser must pay the purchase price to the Clerk or
Dog Control Officer.
[Added 8-17-2000 by L.L. No. 3-2000]
A. No person shall have, keep or permit to be kept on any premises,
either residential or commercial, owned or occupied, in whole or in
part by him or her, within the limits of the Village more than three
adult dogs.
B. For the purpose of this section, any dog over the age of six months
shall be considered an adult dog.
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.