[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 5-26-1941 as §§ 303 and 304 of
the General Ordinances. Amendments noted where applicable.]
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
No owner shall suffer or allow an animal to
run at large in the village elsewhere than on the premises of the
owner or on the premises of another person with the knowledge and
consent of such other person. Any owner who fails to exercise due
care in preventing such animal from running loose or at large shall
be guilty of a violation of this Article.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
Any Dog Warden or peace officer is authorized
to issue summonses and to present information for the appearance of
violators of this Article before courts of competent jurisdiction.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
The presence of any animal which is running
loose or at large shall be presumptive evidence that such person has
failed to exercise due care in preventing such animal from running
loose or at large in violation of this Article.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
A.
It shall be the duty of the Dog Warden or any person
or officer authorized under the provisions of the Agriculture and
Markets Law, as amended, to enforce the provisions of such law, the
provisions of this Article and the ordinances and regulations enacted
by the Town Board of the Town of Hempstead wherein the same may be
applicable to dogs, bitches or pups running at large within the streets,
highways, sidewalks or upon private or public property within the
Village of East Rockaway. Pursuant to the provisions of the contract
heretofore entered into between the Town Board of the Town of Hempstead
and the Village Board of the Village of East Rockaway and in accordance
with the authority vested in said respective Boards by the provisions
of the Agriculture and Markets Law of the State of New York, as amended,
said Dog Warden or such other person or officer is authorized to take
into his possession any dog, bitch or pup found running at large and
to deliver the same forthwith to the keeper of the pound maintained
by the Town of Hempstead, Nassau County, New York.
B.
The keeper of the pound shall, upon receipt of such
dog, bitch or pup, immediately notify the Village Clerk of the Village
of East Rockaway, giving to such Village Clerk the tag number, if
any, on the collar or otherwise attached to such dog, bitch or pup,
and any other marks of identification.
C.
The keeper of the pound shall thereupon immediately
notify the owner or harborer of any such dog, bitch or pup, if the
owner or harborer is known or can with reasonable diligence be ascertained,
that such animal has been and is impounded.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979; 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
A.
The fees to be charged under the provisions of this chapter shall
be determined from time to time by resolution of the Board of Trustees.
B.
Any dog, bitch or pup seized in accordance with the provisions of
this article may be redeemed by the owner or harborer of the same,
upon payment to the Village Clerk, if said animal shall not have been
previously seized within three years of such seizure. If said dog,
bitch or pup shall have been previously seized within three years
of such seizure, additional fees will be applied. For all seizures
of said dog, bitch or pup subsequent to two previous seizures of said
animal within three years of such seizure, additional fees will be
applied.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
The Village Clerk shall pay said fee as required
by the Town of Hempstead animal shelter, and such sum shall include
the fees for the seizing of the animal, as provided for in the Agriculture
and Markets Law, for the maintenance and feeding of the animal and
for the ultimate disposition charge, as provided for in the contract
between the Village of East Rockaway and the Town of Hempstead and
made pursuant to the provisions of the Agriculture and Markets Law
of the State of New York.
[Amended 7-30-1952; 1-8-1968; 3-12-1973; 11-19-1979 by L.L. No. 3-1979]
Upon payment of the aforesaid redemption fee
by the owner or harborer of said dog, the Village Clerk shall issue
to said owner or harborer an order to the keeper of the public pound
maintained by the Town of Hempstead at Wantagh in the Town of Hempstead,
Nassau County, New York, for the delivery of such dog, bitch or pup
to said owner or harborer. Any dog, bitch or pup that is not so redeemed
within five days after such seizure may be disposed of.
[Amended 7-30-1952]
No person shall remove or cause to be removed
from any dog, bitch or pup its muzzle, or entice any dog, bitch or
pup out of any enclosure, house or grounds of the owner or harborer
or harbor or release such dog to run at large.
[Amended 9-28-1964; 8-13-2012 by L.L. No. 8-2012]
A.
No person
shall keep or permit upon any premises owned or occupied by the person,
in whole or in part, within the Village, any dog, bitch or pup whose
howling, barking or whining shall cause unreasonable disturbance to
the neighborhood.
B.
Within
the residential zoning districts of the Village, any person who shall
harbor, keep or permit upon his premises five or more dogs shall be
presumed to be operating a kennel causing unreasonable disturbance
to the neighborhood. The presumption provided herein shall be rebuttable.
Each day five or more dogs are at such premises shall be deemed a
separate violation.
[Added 9-28-1964; amended 6-12-1967; 7-18-1977 by L.L. No. 3-1977]
No owner or person in custody or control of
a dog, having the right and ability to prevent, shall knowingly or
carelessly or negligently permit any dog or other animal to urinate,
defecate or commit any other nuisance upon any sidewalk or grassed
area of any street, avenue or upon any public square, parking area
or place in the Village of East Rockaway, New York, or upon the fences
of any premises, or the walls or stairways of any building abutting
upon any street, avenue, public square, parking area or place, or
upon the floor of any store or any building which is used in common
by the public, including all public rooms or places therewith connected,
or upon any private property of another person, nor shall any such
person or owner in control omit to do any reasonable and proper act
or take any reasonable and proper precaution to prevent any such dog
or other animal from committing such nuisance in or upon any of the
places or premises herein specified, except on the vehicular portion
of any public highway.
[Added 9-28-1964; amended 6-12-1967; 7-18-1977 by L.L. No. 3-1977]
Every person who shall be the owner or possessor of or who shall house, harbor, walk or be in charge of any dog which defecates or leaves droppings as prohibited in § 118-10, including the vehicular portion of any public highway, shall pick up, remove and dispose of such droppings deposited. Every person violating the foregoing shall, upon conviction, be punishable as provided by § 118-12 of this chapter.
[Amended 8-10-1987 by L.L. No. 4-1987; 8-13-2012 by L.L. No. 8-2012]
Any person violating any of the foregoing provisions
shall be subject to a fine of not more than $250 for each offense.
The provisions hereof are in addition to regulations and requirements
of Article 7 of the Agriculture and Markets Law and shall be deemed
in addition to the regulations and restrictions therein contained
pursuant to § 124 of the Agriculture and Markets Law.
[1]
Editor's Note: Former § 118-13,
Licensing, added 3-11-1968, as amended, was repealed 12-13-1993 by
L.L. No. 3-1993.
[Amended 9-28-1964]
No person within the village limits shall keep
or maintain any livestock, pigs, hogs, goats, poultry, horses, pigeons
or domestic or other animals, except as hereinafter provided, but
the keeping of ordinary household pets is not hereby prohibited.
[Amended 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
A.
The fees to be charged under the provisions of this chapter shall
be determined from time to time by resolution of the Board of Trustees.
B.
Notwithstanding the provisions of the foregoing section, upon application in writing to the Village Clerk, describing the premises upon which such animals are to be kept and the location and number, description and purpose, and upon payment therefor, a permit may be granted by the Village Board, for not more than one year, for the keeping of the animals described in the application. It shall be the duty of the Village Board before granting such permit to ascertain to its satisfaction that the circumstances of keeping such animals will not be detrimental to the community, and no such permit shall be granted except in conformity with the provisions of Chapter 288, Zoning.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person committing an offense against any
provision of this Article 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 Article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
