[HISTORY: Adopted by the Board of Trustees of the Village of East Hills as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 127.
[Adopted 9-12-1983 by L.L. No. 1-1983 as Art. I of Ch. 100 of the 1983 Code; amended in its entirety 1-21-1997 by L.L. No. 3-1997]
The keeping or harboring of any rooster or guinea fowl or the keeping, harboring, maintaining or breeding of any bees, wild or undomesticated animals, pigs, swine or reptiles is prohibited and is hereby declared to be a nuisance.
No person who owns, possesses, controls, has custody of or harbors any animal shall suffer, permit or allow such animal to urinate or defecate in or on any place or property, private or public, except upon the property of such person or in the roadway of a public street between the curbs or curblines. Such nuisance shall be abated as provided by law or the provisions of this Code.
Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line shall be prohibited. For the purposes of this section, a "noise disturbance" from a barking dog shall be defined as that created by a dog barking, howling or whining continually for 10 minutes or intermittently for 30 minutes, unless provoked.
The keeping of horses within the Village shall be in accordance with the requirements of Chapter 271, Zoning.
[Adopted 9-12-1983 by L.L. No. 1-1983 as Art. II of Ch. 100 of the 1983 Code]
[Added 1-21-1997 by L.L. No. 3-1997]
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Any dog that is unleashed and on property open to the public or which is 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:
- Any member of the species canis familiaris.
- To provide food and/or shelter to any dog.
- Any person entitled to claim lawful custody and possession of a dog unless such dog is or has been lost and such loss was promptly reported to the Village Clerk and a reasonable search has been made. The term "owner" shall be deemed to include any person who at any time owns or has custody or control of or harbors any dog which is kept, brought into or comes within the town. In the event that the "owner" of any dog found to be in violation of any provision of this article shall be under 18 years of age, the custodial parent, guardian or head of the household in which said minor principally resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog committed in violation of this article.
- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
No person who owns, possesses or harbors a dog, male or female, or who shall then be in charge of or have the custody of any such dog shall permit or allow such a dog to run loose or at large in any street, sidewalk, lane, public place or on any private premises other than on its owner's premises in the Village.
All dogs shall be effectively restrained in the immediate custody and control of the owner or custodian of the dog by a chain or leash not exceeding six feet in length.
[Amended 1-21-1997 by L.L. No. 3-1997]
Any dog found at large or loose on any but its owner's premises in the Village and not under effective restraint by chain or leash as required by this article may be seized by the Village Clerk, peace officer or duly authorized officer or representative of the Village or of the Town of North Hempstead and confined and impounded in the public pound maintained by the Town of North Hempstead in the County of Nassau.
Any dog so found as aforesaid that cannot be safely seized may be destroyed by such Village Clerk, peace officer or duly authorized officer or officer of the Village or the Town of North Hempstead.
Chapter 14 of the Code of the Town of North Hempstead shall apply to dogs impounded within the Village.
[Added 1-6-2021 by L.L. No. 1-2021]
No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors for more than one continuous hour in any continuous twelve-hour period between the hours of 7:00 a.m. and 10:00 p.m.
No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors between the hours of 10:00 p.m. and 7:00 a.m.
Multiple dogs shall not be tethered or restrained in such a manner that they are able to come into contact with one another at any point in time while restrained.
No person shall tether, leash, fasten, secure, restrain, chain, tie, pen or otherwise confine outdoors a dog when:
The temperature is below 32° F.;
The temperature is above 90° F.;
The National Weather Service has issued a weather advisory, watch or warning; or
Conditions are not appropriate due to the breed, physical condition and climate, as established pursuant to New York State Agriculture and Markets Law § 353-b.
Any person guilty of violating any provision of § 69-9A, B, C or D above shall be fined $500 for the first violation and $1,000 for each and every subsequent violation. Each and every occurrence is a separate violation of this section.
[Amended 1-21-1997 by L.L. No. 3-1997]
No person who owns, possesses or harbors a dog, having the right and ability to prevent the same, shall knowingly or carelessly or negligently permit any dog to defecate or commit any other nuisance upon any sidewalk or any public street, avenue, park or public place in the Incorporated Village of East Hills or upon any private property, except his or her own, unless said owner shall immediately and with reasonable and proper means collect, remove and dispose of said defecatory material in a complete, safe and sanitary manner.
[Amended 1-21-1997 by L.L. No. 3-1997; 1-6-2021 by L.L. No. 1-2021]
Unless otherwise provided by Article 7 of the Agriculture and Markets Law, any person violating the provisions of this article or any part thereof shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article III. Such fine or penalty shall be in addition to any redemption fee.