[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 12-14-1984 by L.L. No. 13-1984. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any and all types of animals, birds, reptiles or fish, both domesticated
and wild.
A dog which, when it is not on the premises of its owner or custodian,
without being provoked, harasses or threatens a person in such a manner as
to create the apprehension or fear of bodily injury by such person, by its
conduct causes a hazard to vehicular traffic or damages the real property
of or damages or destroys the personal property of a person other than the
dog's owner or custodian.
Any dog that is unleashed or umnuzzled and on property open to the
public or 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 accompanied by and under the immediate supervision
and control of the owner or other responsible person, is a police work dog
in use for police work or is accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting on unposted
land or on posted land with the permission of the owner of the land.
[Added 12-13-1996 by L.L.
No. 18-1996]
Barking, howling or making of other loud noises to the annoyance
and discomfort of any person in the Village. Continuous barking, howling or
the making of other loud noises by any dog or dogs or other animals for more
than any one hour or continuous barking, howling or the making of other loud
noises for periods of less than one hour but more than 1/2 hour, which periods
occur on two or more consecutive days, shall be deemed to be a disturbance
of the peace and a cause of annoyance and discomfort to persons in the Village.
A dog which has once bitten any person or which, when not on the
premises of its owner or custodian, twice makes an unprovoked attack upon
and bites another dog or domestic animal.
[Amended 12-13-1996 by L.L.
No. 18-1996]
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 any of the business
zoning districts of the Village or on any municipal property. In addition,
it shall be unlawful for any person who owns, harbors or has custody of a
dog which is vicious, annoying or disturbing the peace to be at large anywhere
in the Village.
A.
Any person may request the Village Police Department
to notify any person who owns, harbors or keeps in custody any dog or dogs
or other animals which are vicious, annoying or disturbing the peace.
B.
A notice by the Village police shall consist of the delivery
of a copy of this chapter and a statement that said owner's, keeper's or custodian's
dog or other animals are said to be vicious, annoying or disturbing the peace.
C.
Any such statement shall be in writing and shall identify
and specify the residence of the owner, keeper or custodian of the dog or
dogs or other animals and is to be personally delivered or sent by certified
mail to the residence in the Village of any such owner, keeper or custodian.
A.
Any Village resident claiming that a dog or dogs or other animals are vicious, annoying or disturbing the peace, as defined herein, in violation of this chapter may, after a notification has been issued pursuant to § 76-3 herein, make a complaint to an officer of the Village Police Department, whose duty it shall be to issue an appearance ticket requiring the owner or person harboring such dog or dogs or other animals to appear before the Village Justice to determine such issues.
B.
Upon reasonable belief by an officer of the Village Police
Department that a dog or dogs or other animals are at large vicious, annoying
or disturbing the peace, as defined herein, in violation of this chapter,
it shall be his duty to issue an appearance ticket requiring the owner or
custodian of such dog or dogs or other animals to appear before the Village
Justice to determine such issues.
[Amended 12-13-1996 by L.L.
No. 18-1996]
The Village Justice shall hold a trial for the purpose of determining
whether the dog or dogs or other animals which are the subject of the complaint
are vicious, annoying or disturbing the peace as defined herein, in violation
of this chapter. If the owner of such dog or dogs or other animals concedes
that it is vicious, annoying or disturbing the peace or if, after trial, the
Village Justice so finds, he shall order and declare that such dog or dogs
or other animals are vicious, annoying or disturbing the peace.
A.
Upon a finding by the Village Justice that a dog or dogs
or other animals are vicious, annoying or disturbing the peace, the owner
or custodian of such animal shall, in addition to being responsible in a civil
action for damages for any injury or damage caused by such animal, be liable
for a fine as provided for in this chapter. In addition, the Village Justice
may order that any vicious dog or dogs or other animals be destroyed or restrained
on the owner's property.
B.
Any officer of the Village Police Department is authorized
to kill any vicious dog or dogs or other animals when it is necessary for
the protection of any person or property.
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 $250 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.
