[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
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]
[Amended 12-15-2022 by L.L. No. 4-2022]
The keeping or harboring of any chicken, 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:
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
No person shall tether, leash, fasten, secure, restrain, chain, tie,
pen or otherwise confine outdoors a dog when:
(1)
The temperature is below 32° F.;
(2)
The temperature is above 90° F.;
(3)
The National Weather Service has issued a weather advisory, watch
or warning; or
(4)
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.
E.
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.
