[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 20 of the 1968
Code of the Village of Lindenhurst; amended in its entirety 1-16-1990 by L.L. No. 5-1990]
The Village of Lindenhurst, with its near total
density of housing and population and numerous cases of reduced lot
areas for building of habitable structures, along with Village Code
provisions for temporary permission for two-family housing, faces
special conditions, which for the health, welfare and safety of the
inhabitants of the Village require special measures to be taken which
would reduce the number of dogs which could inhabit a residential
lot, based on lot size.
As used in this article, the following terms
shall have the meanings indicated:
To house or to shelter.
The area of a lot, in any residential district, on which
a building and its accessories may be located as permitted by the
Village, exclusive of the area of any building, structure or accessories
therein, but exclusive of land in the bed of any street.
A.
It shall be unlawful for any person to own, harbor
or possess more than four dogs on any residential parcel of property
with a lot area of 7,500 square feet or less. A person may own, harbor
or possess, in addition to the four dogs as provided above, one dog
for each 2,500 square feet of lot area in addition to the above 7,500
square feet of lot area, except that, upon application, the Board
of Appeals, at its discretion, may grant a special permit for the
housing or harboring of more dogs in a residential district.
B.
This code shall not apply to the live issue of a litter
of any lawfully owned and licensed dog, except that the issue of such
litter shall be removed from the premises within 15 weeks after birth
if the continued presence of such dog would violate this code.
C.
Any harboring of dogs existing at the time of adoption
of this code shall become illegal six months after the effective date
of this code.
D.
Each application to the Board of Appeals for a special permit shall have a filing fee of $25. The filing fee for the biannual renewal of the special permit shall be $25. The Board of Appeals shall be governed by Chapter 193, Article XV, of the Village Code when considering a special permit, which special permit shall specify the maximum number and general type of dogs permitted.
E.
The Board of Appeals shall, in granting such special
permission, impose such conditions and safeguards as it may deem appropriate,
necessary and desirable to preserve and protect the spirit and objectives
of this code. Each application to the Board of Appeals for a special
permit shall include the following items:
(1)
Proof of licensing of all dogs to inhabit the property,
in the form of a validly issued New York State dog license pursuant
to the regulations of the New York State Department of Agriculture
and Markets and applicable codes of the Town of Babylon.
(2)
A statement by a certified New York State veterinarian
that all dogs to inhabit the property are in good health and have
been inoculated and immunized against the following communicable diseases
within 12 months of the application date:
(3)
If the applicant is a tenant or lessee of the subject
property, written consent from the property owner that said property
may be used to harbor more than four dogs.
A public hearing shall be held for every application
and renewal for special permission. The Board of Appeals shall schedule
a date, time and place and give public notice thereof by the publication
in an official newspaper of such hearing.
Any person violating any provisions of § 67-5, 67-6, 67-7 shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not less than $500. If said person owning, possessing or harboring a dog is in violation, the Village Code Enforcement Officer or his designee shall, after obtaining a warrant to remove, seize any dog whose continued presence on the property would violate this section. Such animal seized shall be housed and fed at the Town of Babylon Animal Shelter for a minimum period of 14 days. If, after 14 days after seizure, the owner or person in charge of said dog has failed to make application for special permission, if so warranted, the Code Enforcement Officer may grant an additional thirty-day period of time in which the owner or person in charge of said dog shall comply with this code and reclaim said dog. If said owner or person in charge of a dog has failed to comply with the provisions of this section after 44 days after seizure of a dog(s), then the Town of Babylon shall take control and ownership of said dog(s) and may take any measure necessary to place such dog(s) for adoption in a safe and healthful environment.
Any official of the Village charged with the
enforcement of the provisions of this code shall have the right to
enter and inspect, at any reasonable hour, any building, structure,
yard, enclosure, loft, house or premises necessary for the enforcement
of any of the provisions of this article.
[Amended 6-16-1992 as L.L. No. 2-1992]
It shall be and hereby is declared unlawful
for any person owning, possessing or harboring any dog to allow the
same to run loose or be at large upon any public highway, street,
sidewalk, park, parkway, road, avenue or other public place in the
Village of Lindenhurst, unless such dog is under the immediate and
full control of the owner or person in charge thereof and while said
dog is on leash. This Article shall confer strict liability upon the
owner of the dog or person in charge of the dog.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk, or on any public property whatsoever; nor on any private
property without the permission of the owner of said property. The
restriction in this section shall not apply to that portion of the
street lying between the curb lines which shall be used to curb such
dog under the following conditions:
A.
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.
B.
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 article in a sanitary manner approved by the Health Authority.
No person who owns, possesses or harbors a dog
shall suffer, permit or allow such dog to bark, howl or whine in a
loud or prolonged manner which shall unreasonably disturb any other
person.
[Amended 6-16-1992 as L.L. No. 2-1992]
The Board of Trustees of said Village may from
time to time appoint a person to act as dog control officer.
[Amended 6-16-1992 as L.L. No. 2-1992]
It shall be the duty of any policeman of the
Suffolk County Police Department or any person appointed as dog control
officer to distrain or cause to be distrained and impounded any unmuzzled
dog running at large in said Village, and any person of said Village
may distrain any unmuzzled dog found running at large in violation
of this article or any provision thereof and deliver such animal to
the Dog Warden of the Town of Babylon.
