[Adopted 8-9-1982 by L.L. No. 2-1982]
The Board of Trustees of the Village of Atlantic
Beach has determined that the running at large and other uncontrollable
behavior of dogs have caused physical harm to persons, damage to property,
and have created nuisances within the Village. It is the intent of
the Board of Trustees, in the enactment of this article to protect
the health, safety and well-being of persons and property of all citizens
by imposing restrictions on persons owning or possessing dogs within
the Village.
Unless otherwise expressly provided, for the
purpose of this article, the following words shall have the meanings
herein indicated:
Male and female members of the species Canis familiaris.
To provide food or shelter to any dog.
The owner-of-record or any person who harbors or has the
custody or control of any dog. If the owner of a dog shall be under
the age of 18 years, the parent or guardian of such person shall be
deemed the owner.
The person in whose name a dog was last licensed pursuant
to Article 7 of the Agriculture and Markets Law.
A person having custody or control of any dog.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, sidewalks, streets,
transportation facilities, schools, places of amusement, parks and
playgrounds, beaches and boardwalks.
A dog shall be deemed to be running at large if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the knowledge, consent or approval
of the owner of such lands.
A.
It shall be unlawful for the owner of a dog to allow
a dog to chase, leap on or otherwise harass operators of a bicycle
or motor vehicle; or to kill or injure any dog, cat or other household
pet; or to allow the dog to run at large or to be off a leash.
B.
It shall be unlawful for a dog to be on public property
or on private property without the consent the owner or persons in
possession of such private property unless the dog is effectively
restrained in the immediate custody and control of its owner or possessor
by a chain or leash not exceeding six feet in length. A person owning
or possessing a dog which is not so restrained, with or without the
knowledge, consent or fault of such person, shall be guilty of a violation
of this article. It shall be presumed that the presence of a dog on
private property of a person other than the dog's owner or possessor
is without the consent of the owner or person in possession of such
private property.
[Added 2-9-1998 by L.L. No. 1-1998]
The keeping or harboring of more than three
dogs is prohibited.
A.
It shall be unlawful for a dog to defecate, urinate or commit a nuisance on public property, except that portion of public street lying between the curblines in accordance with the requirements of Subsection B or on private property without the consent of the owner or person in possession of such private property. A person owning or possessing a dog which defecates, urinates or commits any nuisance as prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section. It shall be presumed that a dog defecating, urinating or committing a nuisance on private property of a person other than the dog owner or possessor does so without the consent of the owner or person in possession of such private property.
B.
The owner or possessor of any dog shall immediately
remove all feces deposited by said dog by placing such feces in a
plastic bag which shall be sealed and deposited in a covered garbage
receptacle.
It shall be unlawful for a dog to chase, jump
upon or at, or otherwise harass any person in such a manner as to
reasonably cause intimidation or fear of the dog, or to put such person
in reasonable apprehension of bodily harm or injury. A person owning
or possessing a dog committing an act prohibited herein, with or without
the knowledge, consent or fault of such person, shall be guilty of
a violation of this section.
It shall be unlawful for a dog to engage in
habitual or frequent loud howling, barking, crying or whining so as
to unreasonably disturb the comfort or repose of any person in the
immediate vicinity. The person owning or possessing a dog committing
an act prohibited herein, with or without the knowledge consent or
fault of such person shall be guilty of a violation of this article.
[Added 3-8-2004 by L.L. No. 1-2004]
The use of any fence which delivers an electric
shock, charge or current to any animal or human being when contact
is made shall be strictly prohibited.
[Amended 2-9-1998 by L.L. No. 1-1998]
Any dog, whether or not tagged or licensed,
running loose or at large in the Village of Atlantic Beach, or found
off the premises of the owner or harborer thereof and not so restrained,
may be seized by any duly appointed Dog Control Officer, peace officer,
police officer of the County of Nassau, or duly authorized officer
or representative of the Village of Atlantic Beach and impounded in
a pound or shelter maintain by the Village, or by the Town of Hempstead,
or maintained by any other other person, corporation or association,
pursuant to agreement with the Village of Atlantic Beach.
[Amended 4-11-1983 by L.L. No. 1-1983; 4-14-1997 by L.L. No.
1-1997]
The owner of a dog so seized may redeem the
dog within 10 days if bearing a license tag or within five days if
not bearing a license tag by paying to the Village Clerk the same
impoundment fees in force and effect and in such amount as provided
by the Town of Hempstead Animal Shelter of the County of Nassau, New
York State.
[Amended 2-9-1998 by L.L. No. 1-1998]
Any police officer of the County of Nassau or
any authorized village inspector who observes a violation of any section
of this article, may issue and serve an appearance ticket for such
violation. Any person who observes a violation of any section of this
article, may file a signed complaint, under oath, with the Justice
of the Village of Atlantic Beach, specifying the violation, the damage
caused, the location of the violations and the name and address of
the dog owner, if known.
The Village Justice of the Village of Atlantic
Beach shall have jurisdiction to hear all signed complaints filed,
and all actions and proceedings hereunder, and all prosecutions for
the violation of this article. Upon receipt by the Village Justice
of any complaint against the conduct of any particular dog, the Village
Justice shall summon the alleged owner or other person harboring said
dog to appear in person before him; if the summons is disregarded,
the Village Justice may issue a warrant for the arrest of such person.
[Amended 2-9-1998 by L.L. No. 1-1998]
Any person convicted of a violation of any provision
of this article shall be guilty of an offense and shall be punished
by a fine of not more than $500 or imprisonment for not more than
15 days, or both. Each separate offense shall constitute a separate
additional violation. The provisions hereof are in addition to the
regulations, restrictions, requirements and penalties contained in
Article 7 of the Agriculture and Markets Law.
