[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 12-14-1992 by L.L. No. 2-1992; amended in its entirety 3-8-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all types of animals, including those that are either
domesticated or wild.
An animal protection association or individual, municipality
or entity appointed by, or under contract with, the Village to assist
in the administration and enforcement of this chapter or an authorized
officer, agent or employee of the above.
An animal which, when it is not on the premises of its owner
or custodian:
Creates the apprehension of fear of bodily injury to a person
without being provoked, harassed or threatened;
Deposits animal waste on or does damage to real property of
a person other than the animal's owner or custodian; or
Damages or destroys the personal property of a person other
than the animal's owner or custodian.
An animal that is off the premises of the owner or custodian
and is not on an adequate leash.
Any animal which, by its native aggressive behavior, is capable
of inflicting bodily harm to a person, such as, but not limited to,
a poisonous snake or reptile, carnivorous birds, wolves, lions, tigers
and bears.
Those species of birds commonly known as white ducks, barnyard
geese, Muscovy ducks and any other geese and ducks bred by man but
not migratory waterfowl.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
migratory waterfowl.
Those species of birds commonly known as swans, geese and
ducks, and any other waterfowl falling under the jurisdiction of the
United States Fish and Wildlife Service.
Any individual, company, partnership, corporation, limited
partnership, joint venture, limited liability company or other legal
entity.
An animal which has previously bitten a person within the
last five years or twice within 90 days, makes an unprovoked attack
upon and bites a dog or other domestic animal while at large.
Any land which is owned, maintained, leased or managed by
the Incorporated Village of Muttontown.
[Amended 3-13-2019 by L.L. No. 1-2019]
A.
Any person who owns, harbors or has custody or control of any animal,
except domesticated house cats, shall not permit it to be at large
in the Village.
B.
No person shall have custody of, harbor or permit to be harbored
in the Village any dangerous animal.
C.
Any person who owns or has custody or control of a dog that is left
outdoors in inclement weather shall provide it with shelter appropriate
to its breed, physical condition and climate.
D.
Inclement weather shall mean weather conditions that are likely to
adversely affect the health or safety of the dog, including, but not
limited to, rain, sleet, ice, snow, wind or extreme heat and cold.
E.
For all dogs that are left outdoors in inclement weather, a housing
facility, which must: (1) have a waterproof roof; (2) be structurally
sound with insulation appropriate to local climatic conditions and
sufficient to protect the dog from inclement weather; (3) be constructed
to allow each dog adequate freedom of movement to make normal postural
adjustments, including the ability to stand up, turn around and lie
down with its limbs outstretched; and (4) allow for effective removal
of excretions, other waste material, dirt and trash. The housing facility
and the area immediately surrounding it shall be regularly cleaned
to maintain a healthy and sanitary environment and to minimize health
hazards.
F.
Any person who acts in violation of this section shall be reported
to the applicable authorities for prosecution.
G.
Exemption. This article shall not apply to any federal, state or
local law enforcement agency.
A.
It shall be unlawful for a dog to defecate on public or private property except in accordance with the requirements of Subsection B. The owner or person in possession of a dog that defecates as prohibited herein, with or without the knowledge, consent or fault of such owner or person in possession, shall be guilty of a violation of this section.
B.
The owner or person in possession of any dog that defecates on public
or private property shall immediately remove all waste deposited by
said dog by placing such waste in a plastic bag which shall be sealed
and deposited in a covered garbage receptacle.
A.
Complaint by Village resident.
(1)
Any Village resident claiming that an animal is vicious or annoying
as defined herein, or is being a dangerous animal, may file with the
Village a sworn written complaint setting forth the facts to support
his allegations. The Village Justice shall direct the owner or person
reasonably believed to be harboring such animal to appear at Village
Court to answer the allegations and further determine all issues of
fact and law.
(2)
If a police officer, Village Code Enforcement Officer or animal control
officer reasonably believes that an animal is vicious, annoying or
at large or that a dangerous animal is being harbored in the Village,
he/she may issue an appearance ticket requiring the owner or custodian
of such animal to appear before the Village Justice Court.
B.
Procedure and trial. The Village Justice, after a hearing, shall
determine if an animal was at large, vicious, annoying or a dangerous
animal pursuant to this chapter or the Agriculture and Markets Law
of the State of New York. The Village Justice may then order the animal
to be confined on the owner's property, removed from the Village,
euthanized or such other relief he/she deems necessary and appropriate,
all without compensation to the owner.
C.
Any police officer or animal control officer is authorized to kill
any dangerous or vicious animal when the police officer or animal
control officer deems it necessary for the protection of a person
or the community.
No person shall feed or provide food for any domestic or migratory
waterfowl on Village property.
A.
An animal control officer, Village Code Enforcement Officer or any
police officer is authorized to enforce the provisions of this chapter
and may:
B.
The Board of Trustees is authorized to promulgate, by resolution,
rules and regulations and administrative fees as it may determine
are necessary and proper for the administration and enforcement of
this chapter.
The owner or his agent of a dog seized in violation of this
chapter may redeem the dog by producing a valid current license for
said dog and upon payment of a fee, as shall be set by resolution
of the Board of Trustees, plus reimbursement to the Village for all
expenses it has incurred. If a dog is not redeemed within seven days
of seizure if not wearing a current license tag, or within 12 days
of seizure if wearing a current license tag, the owner shall forfeit
all title to the dog and the dog may be sold, adopted or euthanized.
An animal control officer, police officer, Village Code Enforcement
Officer or any officer or employee of the Village shall not be liable
in damages for the destruction, sale or adoption of any animal seized
pursuant to the provisions of this chapter. No action shall be maintained
to recover the possession or value of the animal or for damages or
compensation for an animal seized or euthanized pursuant to the provisions
of this chapter.
A.
Regulation. No person shall set, install, construct, operate or maintain
any trap, deadfall or other device or set out any chemical substance
designed or intended to capture, kill or take fur-bearing animals
within the Village.
