[HISTORY: Adopted by the Board of Trustees of the Village of Quogue 12-21-1984 by L.L. No. 4-1984; amended in its entirety 3-20-1987 by L.L. No. 1-1987. Subsequent amendments noted where applicable.]
[Amended 8-18-1997 by L.L. No. 4-1997]
The Board of Trustees finds that uncontrolled behavior of dogs and other animals has caused physical harm to persons and damage to property and has created nuisances within the Village. In order to protect the health, safety and welfare of persons and property in the Village, this chapter imposes restrictions and regulations upon the behavior of dogs and other animals and imposes a duty upon the owners to control such behavior by making the owners responsible for such behavior.
As used in this chapter, the following terms shall have the meanings indicated:
- Any dog, cat or other domestic animal.
- Any person who harbors, keeps or possesses any animal. If any animal is owned by a person under 18 years of age, the parent or guardian of such minor or head of the household in which such minor resides shall be deemed to be the owner of such animal. The person who has last been issued a license for a dog pursuant to the provisions of the Agriculture and Markets Law shall be presumed to be the owner of such dog unless and until such person files a report of change of ownership or a report of loss or theft pursuant to the provisions of the Agriculture and Markets Law.
[Amended 8-18-1997 by L.L. No. 4-1997]
It shall be an offending act for any animal to commit any of the following acts:
To disturb the comfort, peace or repose of persons in the vicinity by frequent or long-continued noise or by noise which is unreasonable under the circumstances.
To cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner of such animal.
To chase or otherwise harass any person in such a manner as to cause reasonable intimidation or to put such person in reasonable apprehension of bodily harm or injury.
To chase or run alongside of motor vehicles, bicycles, joggers or pedestrians other than when with the owner of such animal.
To obstruct vehicular traffic.
To endanger itself.
It shall be unlawful for any owner of an animal to allow or permit such animal to commit an offending act. Any owner of an animal which commits an offending act shall be deemed to have allowed or permitted such animal to commit such act and shall be deemed to have committed an offense against the provisions of this chapter.
It shall be unlawful for any owner of a female dog in heat to fail to confine such female dog in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
It shall be unlawful for any owner of an animal to abandon such animal.
Dogs at large restricted.
[Added 2-28-2003 by L.L. No. 1-2003]
It shall be unlawful for any person who owns, harbors or has custody or control of any dog to allow such dog to be at large in the Village.
As used in this Subsection E, the term "at large" shall mean any dog that is unleashed or unmuzzled and on property open to the public or on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained.
No dog shall be deemed to be at large if it is accompanied by and under the immediate supervision and control of the owner or other responsible person. This provision constitutes an exception to the definition set forth in Subsection E(2).
If an unleashed or unmuzzled dog accompanied by and under the immediate supervision and control of the owner or other responsible person breaks away from such owner or other responsible person and causes harm to any person or puts any person in fear or apprehension of bodily harm or injury, the exception set forth in Subsection E(3) shall no longer be applicable to such dog. At all times thereafter, such dog shall be deemed to be at large within the meaning of Subsection E(2) if such dog is unleashed or unmuzzled and on property open to the public or on private property not owned or leased by the owner of such dog unless permission for such presence has been obtained.
Any person attending to an animal in any public place or street, including the ocean beach, shall take such action as is necessary to clean up after such animal in an appropriate manner when such animal discharges any waste in any public place or street, including the ocean beach. In no event shall any such waste be disposed of by any person in any storm drain or in any other manner that would allow it to enter any storm runoff or other water in or adjacent to the Village.
[Added 6-25-2010 by L.L. No. 1-2010]
It shall be unlawful for any person to feed any animal in or on any part of any recreation center or park of the Village of Quogue.
[Added 4-21-2017 by L.L. No. 2-2017]
[Amended 7-3-2003 by L.L. No. 2-2003]
Except as provided in the Agriculture and Markets Law, any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
For each and every violation of this chapter, the person or persons responsible for, causing, permitting, assisting in or refusing to abate or correct such violation shall be subject to a civil penalty not exceeding $1,000 for each and every such violation. The continuation of a violation of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.