[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 24-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
The Board of Trustees of the Village is hereby authorized and
empowered to appoint a Dog and/or Animal Control Officer on a temporary
basis for the Village. Said officer shall be appointed from time to
time and for such period as the Board may deem necessary and may be
paid on a per diem basis at such rate as the Board may deem proper.
Said officer shall not be appointed in any event for more than one
official year, and his services may be dispensed with at any time
by the Board of Trustees. Said officer shall have all of the powers
and duties provided to a dog control officer as set forth in Article
7 of the New York State Agriculture and Markets Law, except as otherwise
set forth herein.
A.Â
The
owner or custodian of or the person possessing, keeping or harboring
any dog, animal or fowl shall be in violation of this section if that
dog, animal or fowl is found to be running loose or to be at large
upon any public highway, street, sidewalk or other public place or
on the land of one other than the owner of said dog, animal or fowl.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.Â
Any
dog or animal, when off the premises of the person possessing the
same, shall be tethered or leashed and under the full and immediate
control of the person possessing or in charge thereof.
[Amended 3-8-2010 by L.L. No. 2-2010]
C.Â
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,
beach area, park or any place where people congregate or walk or on
any public property whatsoever or on any private property without
the permission of the owner of said property. The restriction in this
subsection shall not apply to that portion of the street lying between
the curblines which shall be used to curb such dog under the following
conditions:
(1)Â
The person who so curbs such dog shall immediately remove, in a sanitary
method, all feces deposited by such dog; provided, however, that the
disposal of said feces by the depositing thereof in storm sewers within
the Village shall not be deemed to be a sanitary method of disposal
of such feces.
(2)Â
The feces removed from the aforementioned designated area shall be
disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this chapter.
D.Â
The
term "sidewalk," as used herein, shall mean the area between the curb
or traveled portion of the street if there is no curb and the property
line of the abutting property owner.
A.Â
Any
owner or custodian of and any person possessing, keeping or harboring
any dog or dogs shall be in violation of this section if said dog
or dogs are found outside of an enclosed building, whether on or off
the owner's premises, between the hours of 10:00 p.m. and 7:00 a.m.,
except for such brief periods as may be required to allow such dog
or dogs to relieve themselves, provided that during such periods such
dog or dogs are tethered or leashed and held by and under the full,
immediate and personal control of the owner or person possessing or
in charge thereof.
B.Â
No
person shall be permitted to keep or harbor a dog outside of an enclosed
building between the hours of 10:00 p.m. and 7:00 a.m. unless the
permission of the Board of Trustees is first obtained, which permission
can be revoked at any time for good cause shown.
A.Â
It
shall be unlawful for any person to own, harbor or possess more than
four dogs on any residential parcel of property.
B.Â
This
restriction 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 12 weeks after birth if the continued
presence of such dog would violate this section.
A.Â
A police officer, peace officer acting pursuant to his special duties or the Dog Control Officer may seize and impound or cause to be impounded any dog, animal or fowl running at large or loose in violation of § 39-2 or found outside an enclosed building between 10:00 p.m. and 7:00 a.m. in violation of § 39-3 or if not securely enclosed in violation of § 39-10 or housed within 200 feet of the dwelling of another person in violation of § 39-11.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.Â
Each
dog, animal or fowl which does not have an identification tag attached
to it, whether or not licensed, shall be held for a period of up to
five days from the day seized, during which period the dog, animal
or fowl may be redeemed by its owner, provided that in the case of
a dog, such owner produces proof that the dog has been licensed and
has been identified pursuant to the provisions of Article 7 of the
New York State Agriculture and Markets Law, and further provided that
the owner pays an impoundment fee as established by the Board of Trustees
by resolution, plus the cost of keeping such impounded fowl, animal
or dog as follows:
(1)Â
A fee for the impoundment of any fowl or animal other than a dog.
(2)Â
A fee for the first impoundment of any dog.
(3)Â
A fee for the first 24 hours or part thereof and an additional amount
for each additional 24 hours or part thereof for the second impoundment
within one year of the first impoundment of any dog owned by that
person.
(4)Â
A fee for the first 24 hours or part thereof and an additional amount
for each additional 24 hours or part thereof for the third and subsequent
impoundments within one year of the first impoundment of any dog owned
by that person.
C.Â
Promptly upon seizure of any identified dog, animal or fowl, the owner of record of same shall be notified personally or by certified mail, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal or fowl shall be held for a period of three days after the day of notice, during which period the dog, animal or fowl may be redeemed by the owner. If such notification is made by mail, such dog, animal or fowl shall be held for a period of seven days from the date of mailing, during which period the dog, animal or fowl may be redeemed by the owner. In either case, the owner may redeem such dog, animal or fowl upon payment of the impoundment fees prescribed in Subsection B of this section and by producing proof that the dog has been licensed, as appropriate.
[Amended 3-8-2010 by L.L. No. 2-2010]
D.Â
An owner shall forfeit title to any dog, animal or fowl unredeemed
at the expiration of the appropriate redemption period, and the dog,
animal or fowl shall then be made available for adoption or euthanized
subject to the provisions of Subdivision 2-a of § 374 of
Article 26 of the New York State Agriculture and Markets Law, provided
that no such dog shall be delivered for adoption unless it has been
licensed pursuant to the provisions of Article 7 of the New York State
Agriculture and Markets Law prior to its release from the custody
of a pound or shelter.
No person shall keep, house, stable or harbor any horse, farming
animal or draft animal within the Village.
No person who owns, possesses or harbors a dog shall permit
or allow such dog to bark, howl or whine in a loud or prolonged manner
which shall unreasonably disturb any other person.
As used in this article, the following terms shall have the
meanings indicated:
Includes chickens, ducks, geese, turkeys and other poultry
or domestic birds used for food purposes, and shall include pigeons.
No person shall keep, maintain or possess any fowl within the
Village unless the same shall be securely enclosed at all times within
a yard or enclosure in such a manner as to prevent the running at
large of such fowl.
No person shall keep or house any fowl in any structure within
the Village which shall be within a radius of 200 feet from the dwelling
house or living quarters of any person other than the owner.
Not more than 12 fowl shall be kept, maintained or possessed
by any person on or in any yard, enclosure or premises within the
Village.
