[HISTORY: Adopted by the Board of Trustees
of the Village of Freeport 5-9-1966 as Ch. 4 of the 1966 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 155.
No person shall cause, suffer or allow any animals
or fowls to run at large or be at large within the Village.
[Amended 12-17-2018 by L.L. No. 2-2018]
A.
Leashing
of dogs; restraining dogs outdoors.
(1)
No person
owning or harboring a dog shall suffer or allow it to run at large
in any of the streets or public places of the Village or upon the
premises of anyone other than the owner or keeper unless the owner
or occupant of such premises grants permission, and no dog shall be
permitted in any public place or street within the Village unless
it is effectively restrained by a chain or leash not exceeding six
feet in length and unless it is attended by a person of adequate age
and discretion properly to control its actions.
(2)
No person
shall tether, leash, fasten, secure, restrain, chain or tie a dog
to a stationary object outdoors, or cause such animal to be so restrained,
for longer than two continuous hours in any continuous twelve-hour
period. Nothing in this section shall be construed to prohibit a person
from walking a dog on a hand-held leash.
(3)
Any
person who tethers, leashes, fastens, secures, restrains, chains or
ties a dog to a stationary object outdoors shall provide such animal
with adequate food, water, and shelter, and shall restrain the dog
with a device having swivels at both ends that is of adequate length
for the type, age, and size of the dog being restrained; provided,
however, that the requirement to provide adequate food, water, and
shelter shall not apply to a person who restrains a dog for a period
of time that is 15 minutes or less in duration.
B.
Notwithstanding
the provisions of this section, no person shall tether, leash, fasten,
chain, tie, secure or restrain any dog for any amount of time with
a device that:
(1)
is a
choke collar or pinch collar, or similar collar that restrains the
dog in such a manner that it impairs the flow of oxygen or blood to
the dog which may cause choking or substantial discomforts to the
dog;
(2)
Is embedded,
partially embedded or may become embedded in the dog's skin;
(3)
Weighs
more than 1/8 of the dog's total body weight, but in no event shall
such weight exceed 10 pounds;
(4)
Is less
than 10 feet in length for a running cable trolley and 15 feet in
length for a tether to a stationary object;
(5)
Is too
short to allow the dog continuous access to adequate food, water,
and shelter or to urinate or defecate in an area separate from where
it might eat, drink or lie down;
(6)
Is not
designated for dogs;
(7)
Has
weights attached or contains links that are more than 1/4 inch thick;
(8)
Because
of its design or placement is likely to become entangled around itself,
the dog, objects, or other animals;
(9)
Is long
enough to allow the animal to move outside of its owner's property;
and
(10)
Would
allow the restrained animal to move over an object, including but
not limited to any type of fencing or barrier or edge that could result
in the strangulation of or injury to such animal.
C.
Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie, or restraint shall be attached to a properly fitting collar or harness designed for this purpose worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with Subsection B(1).
D.
Notwithstanding
the provisions of this section, no person shall tether, leash, fasten,
chain, tie, secure or restrain any dog for any amount of time if such
dog is under six months of age.
E.
Notwithstanding
the provisions of this section, no person shall tether, leash, fasten,
chain, tie, secure or restrain more than one dog at a time on a permissible
device.
F.
Notwithstanding
the provisions of this section, no person shall allow a tethered,
leashed, fastened, chained, tied, secured, or restrained dog to be
taunted, prod, hit, harassed, threatened, attacked or otherwise harmed
by humans or other animals.
G.
Upon a finding
of any violation(s) of this section, any dog seized pursuant to the
provisions of this chapter or any other state or federal law shall
be returned to the owner or custodian only upon proof that the violations
have been cured.
H.
Violations
of this section may be supported by evidence, including, but not limited
to, time-stamped photographs and video, records of complaints, and
sworn witness statements.
I.
The provisions
of this section shall not be construed to prohibit the Department,
the American Society for the Prevention of Cruelty to Animals, the
Nassau County Society for the Prevention of Cruelty to Animals or
any law enforcement officer, peace officer, and Building Department
personnel from enforcing any other law, rule or regulation regarding
the humane treatment of animals.
[Added 12-17-2018 by L.L.
No. 2-2018]
A.
It shall
be a violation of this section for any person to place an animal or
permit such animal to be placed or confined or remain in an unattended
vehicle without sufficient ventilation or under other conditions or
for such a period of time as may endanger the health or well-being
of such animal due to heat, lack of water or such circumstances as
reasonably may be expected to cause suffering, disability or death.
B.
Nothing
in this chapter shall be construed as to prohibit the transportation
of horses, cattle, sheep, poultry or other agricultural livestock
in trailers or other vehicles designed and constructed for such purpose.
C.
Any police officer, peace officer, employee of the Building Department or Dog Control Officer of the Village of Freeport who finds an animal in a motor vehicle in violation of Subsection A hereof may enter a motor vehicle, without civil or criminal liability, to remove the animal. The person removing the animal shall take said animal or cause said animal to be delivered to an animal shelter or other place of safekeeping in the Town of Hempstead. This section can be enforced by the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer, peace officer, Dog Control Officer of the Village of Freeport or the Freeport Department of Buildings.
D.
In the
event that the owner or custodian of said animal cannot otherwise
be located, the person shall leave in a prominent place on or in the
vehicle a written notice bearing his name and department and the address
where the animal may be claimed by the owner thereof. The animal shelter
having custody of the animal shall make reasonable efforts to contact
the owner and give notice that the animal is in its custody. The animal
shall be surrendered to the owner if the owner claims the animal within
10 days from the time the animal was removed from the vehicle and
pays all reasonable charges which have accrued for the maintenance
of the animal. If the owner does not claim the animal within the specified
time, the animal shelter may place the animal for adoption in accordance
with provisions of this chapter and the Agriculture and Markets Law
of the State of new York
E.
It shall
be a violation of this section for any person to leave a dog unattended
outdoors for over 30 minutes in inclement weather or under other conditions
or for such a period of time as may endanger the health or well-being
of such dog due to heat, lack of water or such other circumstances,
such as a weather advisory by any federal, state, county, town, village
government or as reasonably may be expected to cause suffering, disability
or death. it shall be a rebuttable presumption that any temperature
below 32° F. or above 90° F. constitutes inclement
weather.
[Amended 1-22-1973; 11-26-1973; 11-22-1976 by L.L. No. 11-1976; 4-17-1978 by L.L. No. 9-1978]
A.
It shall be the duty of the person or officer authorized
under Article 7 of the Agriculture and Markets Law, as amended, to
enforce the provisions of such law, to enforce the provisions of this
chapter and to take into his possession any dog found running at large
to be disposed of in the same manner and under the same circumstances
as provided for unlicensed or untagged dogs under the provisions of
§ 114 of the Agriculture and Markets Law, as amended.
B.
The keeper of the pound shall, on receiving any dog,
immediately notify the owner or harborer of every such dog, if the
owner or harborer is known to the poundkeeper or can, with reasonable
diligence, be ascertained, that such animal has been and is impounded.
C.
Any such dog so seized may be redeemed by the owner
of the same upon the payment of a redemption fee to the Village Clerk
and, in addition, if said dog is unlicensed, by the payment of the
license fee to the Village Clerk, who will issue to said owner an
order to the keeper of the public pound for the delivery of such dog.
The Board of Trustees by resolution shall adopt and from time to time
may amend a schedule of fees payable by an applicant for the redemption
of a dog at large which has been seized.[1]
[Amended 7-9-1979 by L.L. No. 8-1979; 4-26-1982 by L.L. No.
7-1982; 2-26-1990 by L.L. No. 7-1990]
[1]
Editor's Note: Former Subsection D, requiring unredeemed dogs
to be destroyed, which immediately followed this subsection, was repealed
12-17-2018 by L.L. No. 2-2018.
[Amended 4-17-1978 by L.L. No. 9-1978; 12-17-2018 by L.L. No. 2-2018]
Any person found guilty of violating any of the provisions of §§ 78-1 through 78-3 shall be subject to a fine of up to $250 and/or 15 days in the Nassau County Correctional Center for the first offense and a fine of up to $500 and/or 15 days in the Nassau County Correctional Center for each subsequent offense for the same violation.
A.
Pace limited to a walk. No person shall ride any horse
or other animal on any street or in any public place at a pace other
than a walk. The provisions of this section do not apply, however,
to any show, parade, exhibition or other display of such animals as
part of a performance or function duly authorized in the municipal
stadium or other public place or park.
B.
Sidewalks not to be used. No person shall ride or
lead a horse, pony, donkey or mule along any sidewalk or footpath
or upon private property without the consent of the owner or occupant
thereof.
[Amended 12-12-1983 by L.L. No. 19-1983]
A.
No person shall own, possess, harbor, keep or maintain
any animal, including a pet animal or pet bird, under his (her) control
which frequently or for continued duration makes sounds which create
unreasonable noise across a residential real property boundary or
adjacent to or on the premises of or through the walls of any multiple
dwelling, including an apartment house, townhouse, rooming house,
cooperative apartment or condominium.
B.
FREQUENTLY OR FOR CONTINUED DURATION
UNREASONABLE NOISE
For purposes of enforcing and interpreting the provisions
of this section; the following terms shall have the meanings indicated:
A continual period of 10 minutes or an intermittent aggregate
period of 20 minutes in a one-hour interval.
Any excessive or unusually loud sound uttered by an animal
or any animal sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities. Such sounds shall include barking, mewing,
chirping, tweeting, whistling, screeching, hooting, growling, neighing,
mooing, baying, whining, crying or any other unreasonably loud sound
capable of being uttered by an animal.
[Amended 4-17-1978 by L.L. No. 9-1978]
No person within the Village limits shall keep
or maintain any goats, pigs, horses, sheep or cattle within 200 feet
of any residence other than the residence of the person so keeping
or having such animals.
[Amended 11-27-1972; 4-17-1978 by L.L. No. 9-1978]
A.
Nuisances by animals. No person owning, harboring,
keeping, in charge of or having the right and ability to prevent shall
knowingly or carelessly or negligently permit any dog or other animal
to commit any nuisance upon any sidewalk, thoroughfare, passageway,
bypath, play area, park or any place where people congregate or walk
or on any public property whatsoever or upon the floor of any hall
of any apartment house which is used in common by the tenants thereof
or upon the fences of any premises or the walls or stairways of any
building abutting on a public street, avenue, park, public square
or place or upon the floor of any theater, store, factory or any building
which is used in common by the public, including all public rooms
or places therewith connected, or upon the floor of any depot or station
or upon the station platform or stairs of any railroad or other common
carrier or upon the roof of any apartment house used in common by
tenants thereof or upon the floor of any hall, stairway or office
of any hotel or lodging house which is used in common by the guests
thereof nor shall any person omit to do any reasonable and proper
act or take any reasonable and proper precaution to prevent any such
dog or other animal from committing such a nuisance in, on or upon
any of the places or premises herein specified.
B.
The restriction in this section shall not apply to
that portion of street lying between the curblines, which shall be
used to curb such dog under the following conditions:
(1)
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method approved
by the health authority.
(2)
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any dog curbed, in accordance with the provisions
of this subsection, in a sanitary manner approved by the health authority.
C.
Sidewalk. The term "sidewalk" shall mean the area
between the curbline and the abutting property owners' line.
[Added 8-28-1967; amended 4-17-1978 by L.L. No. 9-1978]
A.
It shall be unlawful for any person, firm, corporation
or other entity within the Village limits to keep, harbor or maintain
any live poultry or fowl, including but not limited to chickens, ducks
and geese, except that not more than two poultry or fowl may be kept
as household pets.
[Added 1-8-1968]
It shall be unlawful for any person owning or
harboring a dog to permit, suffer or allow said animal to go into
or enter upon the following parking fields within the Village of Freeport
at any time:
[Added 1-24-1977 by L.L. No. 1-1977]
A.
It shall be unlawful for any person, firm, corporation
or other entity to keep, harbor or maintain any bees or other flying
insects within the Village limits.
B.
Any person violating any provision of this section
shall be liable for and pay a penalty not to exceed the sum of $25
for each offense. Every day that the violation is permitted to continue
shall be a separate and complete offense.
[Added 4-17-1978 by L.L. No. 9-1978]
[Added 8-28-1978 by L.L. No. 17-1978]
It shall be unlawful for any person to keep
or harbor a combined total of either five dogs or cats in any residential
housing or dwelling unit or on its grounds.
[Added 12-4-1978 by L.L. No. 20-1978; amended 7-9-1979 by L.L. No. 8-1979; 2-26-1990 by L.L. No. 8-1990; 7-15-2002 by L.L. No.
6-2002]
A.
Any dog six months of age or older harbored or otherwise
kept within the Village of Freeport shall have a dog license. No license
shall be required for any dog which is under the age of six months
and which is not at large. Such license shall be suspended from a
dog's collar and worn at all times both on and off the dog owner's
premises. A license shall be renewed after a period of one year, beginning
with the first day of the month following the date of issuance, and
shall be renewable annually thereafter prior to the expiration date.
All applications for a dog license must be made to the Village Registrar
and must comply with the requirements of the Agriculture and Markets
Act of the State of New York.
B.
All dogs must have proper rabies vaccinations.
C.
The Board of Trustees, by resolution, shall adopt
and from time to time may amend a schedule of fees payable by an applicant
for each dog license issued pursuant to the Agriculture and Markets
Law.
[Added 2-11-2002 by L.L. No. 2-2002]
The Superintendent of Buildings and/or his duly
authorized agent, the Freeport Police Department, and, by agreement,
the Nassau County Society for the Prevention of Cruelty to Animals,
shall have full authority to enforce the provisions of this chapter.
