[HISTORY: Adopted by the Board of Trustees
of the Village of Woodsburgh as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-1996 by L.L. No. 4-1996]
Summonses and appearances tickets may be issued
by any police officer or peace officer, any dog control officer of
the Town of Hempstead or other person otherwise authorized by law
to issue the same. Each of such persons shall also have authority
to serve or execute any other order or process in furtherance of the
provisions of this article.
With the approval of the Board of Trustees,
the Mayor may appoint one or more dog control officers pursuant to
the Agriculture and Markets Law.
[Amended 4-13-2011 by L.L. No. 2-2011]
No person shall own, harbor, possess or keep
more than three dogs and/or three cats on any premises in the Village.
No more than three dogs and/or cats may be harbored or kept in or
at any dwelling unit in the Village.
No person shall own, keep or maintain within
the Village a kennel or other facility for boarding of animals, for
breeding of animals for sale or trade or for any other purpose.
No person shall own, keep, possess or harbor
any wild animal, nondomesticated animal, farm animal, fowl, poultry
or any livestock of any kind on any premises within the Village.
No person shall own, possess, keep or harbor
any vicious, ferocious or dangerous dog within the Village.
A. No person shall permit, suffer or allow any dog owned,
kept, possessed or harbored by such person to run loose or at large
on any public property in the Village.
B. No person shall permit, suffer or allow any dog owned,
kept, possessed or harbored by such person to run loose or at large
on any private property in the Village without the prior permission
of the owner of said property.
C. No person shall permit, suffer or allow any dog owned,
kept, possessed or harbored by such person to run loose or at large
in the front yard of any private property in the Village unless the
dog is restrained by a chain or leash sufficiently limited in length
to prevent the dog from leaving said private property. Notwithstanding
the foregoing, no such person shall permit, suffer or allow any such
dog to be in a front yard under circumstances which constitute a real
or apparent danger to any person.
D. No person shall permit, suffer or allow any dog owned,
kept, possessed or harbored by such person to be on any public property
in the Village unless such dog is in the immediate possession of a
person capable of controlling said dog and such dog is restrained
by a chain or leash not exceeding six feet in length.
A. No person shall permit, suffer or allow any animal
owned, kept, controlled, possessed or harbored by such person to defecate
on any public or private property in the Village without the prior
permission of the owner of such property.
B. It shall be a defense to any prosecution for a violation of Subsection
A of this section occurring on public property that the person charged with such violation immediately and voluntarily remove any feces deposited by the animal.
C. No person shall permit, suffer or allow any animal
owned, kept, controlled, possessed or harbored by such person to create
or commit a nuisance in the Village or to make such any unreasonably
loud or continued noise or disturbance of the peace.
A. Any animal found loose or at large in violation of
the provisions of this article or unlicensed or constituting a threat
to the safety of persons or property within the Village may be seized
or impounded and/or removed to any animal shelter designated by the
Village by any police officer, peace officer or dog control officer
authorized by law, pursuant to the provisions of the Agriculture and
Markets Law.
B. In the event that any animal is impounded or seized
pursuant to this section and the owner of such animal can reasonably
be identified, notice of such seizure shall be given to such owner
personally or by certified mail in accordance with the rules of the
animal shelter to which such animal is removed and in accordance with
the Agriculture and Markets Law.
C. Subject to the rules and regulations of such shelter
and the Agriculture and Markets Law, the owner of such animal may
reclaim the animal by paying all costs of impoundment, boarding and
feeding the animal, together with a fee to the Village as established
by resolution of the Board of Trustees.
D. Any fees and assessments imposed pursuant to this
section shall attach as a lien upon the real property within the Village
owned by any person who suffers or permits an animal to run at large
in violation of this article to be collected in the same manner as
a tax on such property.
In the event that an owner of an animal fails
to redeem such animal in accordance with the rules of the animal shelter
where such animal is impounded, the owner shall forfeit title to such
animal and the animal shall be made available for adoption or other
disposition as provided in the Agricultural and Markets Law.
[Added 10-27-2003 by L.L. No. 4-2003]
No person shall feed, cause to be fed or provide
food for wild animals and/or stray domestic animals on any land in
the Village. For the purposes of this section, a "stray animal" shall
mean any animal, other than a bird, not owned or lawfully kept on
the premises owned or occupied by the person feeding, causing to be
fed or providing food to such animal.
In addition to any other penalties provided
by law for violations of this Code, where a court of appropriate jurisdiction,
including the Village Justice Court, determines that a violation of
this article has occurred and that an animal involved in the violation
of this article is a danger to the public and the residents of the
Village, the court may make such order as is appropriate to the peace
and good order of the Village, including but not limited to the impounding
of such animal and removal of the same from the Village.
[Adopted 6-11-1996 by L.L. No. 5-1996]
This Article is adopted to protect the health,
safety and well-being of persons and property in the Village of Woodsburgh
by imposing restrictions on the keeping or harboring of wild or exotic
animals within the Village. The Board of Trustees finds that the harboring
or keeping of wild or exotic animals may be offensive to other residents
of the Village so as to constitute a public nuisance and may pose
a threat to persons and property within and without the Village.
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL
Any and all types of animals, both domesticated and wild,
male and female, singular and plural.
HARBOR
To keep or contain upon public or private property, or to
permit another to keep or contain upon public or private property.
WILD OR EXOTIC ANIMAL
Any species of animal whose natural or usual habitat is either
in the wild or in a zoo, as opposed to a domesticated environment,
regardless whether such animal poses an actual or apparent threat
to persons, other animals or property, and any species of animal which,
as a matter of common knowledge, is naturally ferocious, unpredictable,
dangerous and mischievous. The following animals, the ownership of
which is normally legal and which are normally found within a domesticated
environment, are specifically declared not to be "wild or exotic animals"
subject to regulations under this Article: dogs (but not including
the breed commonly known as a "pit bull"); cats; tropical birds such
as canaries, parakeets, parrots and myna birds; guinea pigs; gerbils;
hamsters; white mice; turtles, other than snapping turtles; tropical
fish; and nonpoisonous snakes.
No person shall harbor a wild or exotic animal
within the Village of Woodsburgh except as permitted by this Article.
A. Applications for permits to harbor a wild or exotic
animal shall be submitted in writing to the Village Clerk, who shall
maintain a permanent record of such applications and the disposition
of each such application.
B. Each such application shall include identification
of the applicant and the person who proposes to harbor such wild or
exotic animal, the nature and species of such animal, a description
of the characteristics of such animal and its propensity or ability
to cause harm to persons or property, and the location where the wild
or exotic animal is to be harbored, a list of any other wild or exotic
animals harbored or proposed to be harbored at the same location and
the consent of all owners of such location. Such application shall
be accompanied by such fee as may be prescribed by the Board of Trustees
by resolution.
C. Upon receipt of a complete application, the Village
Clerk shall notify the Board of Trustees, which shall schedule a public
hearing for the purposes of hearing all interested persons whether
a permit should be issued to permit the harboring of the wild or exotic
animal.
D. The applicant shall give notice of such public hearing
to all owners of property located within 500 feet of the boundaries
of the property where it is proposed to harbor the wild or exotic
animal.
E. Notice of such public hearing shall be published by
the village, at the applicant's expense, in the village's official
newspaper designated for such purpose at least 10 days before the
commencement of such hearing.
A. The Board of Trustees shall not grant any permit pursuant
to this Article without first having determined:
(1) That the wild or exotic animal does not constitute
a present or future threat to the safety and well-being of the residents
of the village, their animals or property.
(2) That such animal does not constitute a nuisance to
those who may be exposed to it, including but not limited to the immediate
neighbors of the harborer of such animal. A wild or exotic animal
shall be deemed a nuisance if it or methods to care for it are unsightly
or are likely to create offensive sounds or odors. A wild or exotic
animal shall also be deemed a nuisance if exposure to it creates a
reasonable apprehension of danger.
(3) That the harborer of such animal has the ability to
provide a safe, healthy and humane environment for the animal and
to prevent its escape from confinement.
(4) That the ownership or harboring of such animal is
otherwise permitted by law.
B. In granting any such permit, the Board of Trustees
may impose reasonable restrictions, including, without limitation,
restrictions as to the duration of such permit and as to the portions
of the premises where the animal is to be harbored.
C. Upon the approval of the Board of Trustees, the Village
Clerk shall issue a permit to the applicant, which shall clearly state
the conditions, if any, imposed by the Board of Trustees upon such
permit. The permit shall also state that it is subject to revocation
as provided in this Article.
Notwithstanding any other provisions of this Article, prior to the commencement of any public hearing pursuant to this Article, the Board of Trustees may waive the requirement for a public hearing after review of any application for permit pursuant to this Article where the Board makes a determination that each of the criteria in §
67-16A have been met. In such instance, the Village Clerk shall issue the requested permit without conditions, except that such permit shall be subject to revocation by subsequent action of the Board of Trustees after public hearing held in accordance with the procedural provisions of §
67-15 of this Article, and after a determination by the Board of Trustees that the criteria set forth in §
67-16A have not been met.
In addition to any other procedure for revocation of permits as provided in this Article, the Board of Trustees may at any time and shall, upon written petition of at least 10 residents of the village, hold a public hearing on notice to a permit holder and under the same procedure as provided in §
67-15 hereof, to determine whether a permit shall be revoked. After conclusion of such hearing, the Board of Trustees may revoke such permit where the Board finds that the standards for permit approval are not or have not been or that the conditions of an approval have not been complied with, or impose new or additional conditions where the Board finds the same to be reasonable and appropriate.
A. In any case where no valid permit has been issued
or is outstanding to harbor a wild or exotic animal, such animal may
immediately be seized by a person or persons authorized by the Mayor
or Board of Trustees or by any police officer. In such case, the person
seizing such animal shall transport or deliver such animal or animals
to an appropriate agency or facility equipped and authorized by law
to possess such animal or animals, including a public or private zoo
or society for the prevention of cruelty to animals.
B. Whenever any animal shall be seized pursuant to this
section, such seizure shall be promptly reported to the owner or harborer
of such animal by reasonable means if such owner or harborer can reasonably
be ascertained and located.
C. Within a reasonable time after seizure of such animal
and written request from the owner or harborer of such animal, the
Mayor shall hold a public hearing to determine if the seizure was
proper. Notice of such hearing shall be given by the village by publication.
If the Mayor shall determine after public hearing that the seizure
was proper, title to the animal shall be forfeit to, and shall vest
in, the village, which may then dispose of the animal in such manner
as may be determined by the Board of Trustees. If the Mayor shall
determine after public hearing that the seizure was improper, the
Mayor shall direct the return of such animal to the owner or harborer
thereof.
All actions of the Mayor or the Board of Trustees
pursuant to this Article shall be reviewable pursuant to Article 78
of the Civil Practice Law and Rules, which shall be the exclusive
remedy of persons aggrieved by such action.
Each violation of this Article shall be punishable
as provided by law for violations of the Code of the Village of Woodsburgh.