[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 10-21-2014 by L.L.
No. 3-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 57, Dogs
and Other Animals, which comprised Art. I, Dogs, adopted 3-15-1979
by L.L. No. 1-1979, as amended.
For the purposes of this chapter, the terms used herein are
defined as follows:
A dog, horse, pig, goat, rabbit or any other animal owned
by an individual or entity.
Includes the singular and plural in both the male and female
animal.
Any person owning, harboring and/or having custody of or
keeping an animal.
No person owning, possessing or harboring any animal may allow
the animal, whether licensed or not, to run loose or be at large in
any of the territorial limits of the Village of Nissequogue, except
upon any real property owned, leased or lawfully occupied as a residence
and with the permission of the owner. If it is not otherwise a violation
of the Village Code or any other law, rule or regulation, an animal
may be taken onto a public street or road when it is under the owner's
or keeper's control.
A.
Any person owning, harboring or keeping a licensed dog must place
and keep on the dog a suitable collar, to which must be securely attached
a dog license tag for the dog in accordance with the requirements
of Article 7 of the Agriculture and Markets Law of the State of New
York.
B.
Licenses as hereinbefore required must be applied for and issued
by the Town Clerk of the Town of Smithtown, and said Town Clerk is
hereby appointed agent for the Village of Nissequogue for the issuance
of said licenses pursuant to the Agriculture and Markets Law of the
State of New York.
C.
All dogs must be licensed.
If required by any applicable law, rule or regulation, all animals
other than dogs must be licensed and carry the requisite identification
and tags.
No person owning, harboring, keeping or in charge of any animal
may cause, suffer or allow the animal to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, passageway, bypath,
play area, park or any place where people congregate or walk or on
any public property whatsoever or on any private property, without
the permission of the owner of said property. The restriction in this
section will not apply to that portion of the street lying between
the curblines, which portion may be used to curb an animal only if
the person who curbs the animal immediately removes all feces deposited
by the animal and disposes of same by any sanitary method approved
by the Suffolk County Department of Health.
No person may harbor, keep or be in charge of an animal in the
Village of Nissequogue and allow the animal to attack, bite, harm
or inflict bodily injury on any person lawfully on any public or private
property.
A.
Any person convicted of violating § 57-3 of this chapter will be guilty of a violation, punishable as provided in § 118 of the Agriculture and Markets Law of the State of New York.
B.
Any person convicted of violating §§ 57-2, 57-3.1, 57-4, or 57-5 of this chapter will be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both a fine and imprisonment. The continuation of an offense will constitute, for each day the offense is continued, a separate and distinct offense hereunder.
