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Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 12-17-1979 by L.L. No. 43-1979, effective 1-1-1980]
[Amended 12-1-1986 by L.L. No. 4-1986, effective 12-22-1986]
For the purposes of Articles II and III of this chapter, the following definitions, as well as those set forth in Article 7 of the Agriculture and Markets Law, effective January 1, 1980, and amendments thereto, shall apply:
ADOPTION
The delivery to any individual 18 years of age or older, for the purpose of harboring a pet, of any unredeemed dog impounded pursuant to the provisions of this article or Article 7 of the Agriculture and Markets Law.
AT LARGE
Any dog that is unleashed and on property open to the public or, leashed or unleashed, 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:
A. 
A guide dog actually leading a blind person;
B. 
A police work dog in use for police work; or
C. 
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.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DOG
Any number of the species canis familiaris.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag which sets forth an official identification number as required by the provisions of Article 7 of the Agriculture and Markets Law.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in Article 7 of the Agriculture and Markets Law.
LEASHED
A dog which is effectively restrained in the immediate custody and control of the owner or custodian of the dog by a chain or leash not exceeding six feet in length.
OWNER
Any person who harbors or keeps any dog.
[Amended 6-11-2012 by L.L. No. 2-2012]
No person shall own, harbor or keep a dog within the Village of Sea Cliff unless such dog is licensed and identified as required under the Agriculture and Markets Law of the State of New York.[1] Effective January 1, 2011, the Village of Sea Cliff has authorized the Town of Oyster Bay to carry out the licensing functions for all dogs owned, harbored or kept by a person in the Village of Sea Cliff. All persons owning, harboring or keeping a dog within the Village of Sea Cliff shall obtain a license from the Town of Oyster Bay.
[1]
Editor's Note: See Agriculture and Markets Laws, Art. 7.
The identification number assigned to each dog shall be carried by such dog on an identification tag which shall be affixed to a collar on the dog at all times during which the dog is not on the premises of the owner.
[Amended 6-11-2012 by L.L. No. 2-2012]
A. 
If a change in ownership of any dog which has been assigned an official identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Town of Oyster Bay a written report of such change. Such owner of record shall be liable for any violation of Article II of this chapter or of Article 7 of the Agriculture and Markets Law until such filing is made or until the dog is licensed in the name of the new owner.
B. 
If any dog that has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Town of Oyster Bay a written report of such loss or theft. The owner of record of any such dog shall not be liable for any violation of Article II of this chapter or of Article 7 of the Agriculture and Markets Law committed after such report is filed.
[Added 7-10-1995 by L.L. No. 2-1995]
Any person who owns, possesses or harbors an animal or bird shall care for, maintain and handle said animal or bird in a manner which shall be sanitary and which shall prevent fighting. No person who owns, possesses or harbors any animal or bird shall make, cause or permit such animal or bird to howl, bark, meow, squawk, whine or make other sounds for a continuous or frequent period of time in a manner which annoys, disturbs or interferes with the comfort, repose, peace or reasonable and normal activities of a reasonable person of normal sensitivities lawfully occupying an area adjacent to or in the vicinity of the source of the sound, taking into account the time of day and the duration of the sound.
A. 
The Board of Trustees of the Village of Sea Cliff shall appoint one or more dog control officers to assist with the control of dogs and the enforcement of Articles II and III of this chapter and Article 7 of the Agriculture and Markets Law and rules and regulations promulgated pursuant thereto.
[Amended 12-1-1986 by L.L. No. 4-1986, effective 12-22-1986]
B. 
Each dog control officer shall be appointed for a term not to exceed one year.
C. 
Each dog control officer shall have all the powers of a peace officer in enforcing the provisions of Articles II and III of this chapter or of Article 7 of the Agriculture and Markets Law. In addition, any dog control officer authorized by the Village to assist in the enforcement of Articles II and III of this chapter or of Article 7 of the Agriculture and Markets Law may serve any process related to any proceeding, whether criminal or civil in nature, and including an appearance ticket, undertaken in accord with the provisions of Articles II and III of this chapter or of Article 7 of the Agriculture and Markets Law.
[Amended 12-1-1986 by L.L. No. 4-1986, effective 12-22-1986]
No person who owns, harbors or keeps a dog shall permit or allow such dog to run loose or be at large in the Village of Sea Cliff.
A. 
Any dog control officer or peace officer employed by or under contract with the Village of Sea Cliff shall seize:
(1) 
Any dog found loose or at large in the Village of Sea Cliff.
(2) 
Any dog which is not identified and which is not on the owner's premises.
(3) 
Any dog which is not licensed, whether on or off the owner's premises.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, regarding destruction of seized dogs, was repealed 7-8-2019 by L.L. No. 3-2019.
C. 
Each dog seized in accordance with the provisions of this section shall be properly confined and impounded for the redemption period as hereinafter provided.
A. 
Loose or at-large dog. Any dog found loose or at large and seized and impounded as hereinbefore provided shall be confined:
(1) 
For a maximum period of 12 days, exclusive of days on which the impoundment facility is not open, if the dog is identified.
(2) 
For a maximum period of seven days, exclusive of days on which the impoundment facility is not open, if the dog is not identified, whether or not licensed.
B. 
Dog not identified. Any dog which is not identified, whether or not licensed, which is seized and impounded as hereinbefore provided shall be confined for a maximum period of seven days, exclusive of days on which the impoundment facility is not open.
C. 
Dog not licensed. Any dog which is not licensed which is seized and impounded as hereinbefore provided shall be confined for a maximum period of seven days, exclusive of days on which the impoundment facility is not open.
D. 
Notice of seizure.
(1) 
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure, the procedure for redemption and that the dog will be destroyed, sold or made available for adoption unless redeemed within the period herein provided.
(2) 
If the dog seized is not identified, whether or not licensed, the person seizing the dog shall attempt to ascertain the owner thereof and, if able to do so, shall attempt by reasonable means to notify such owner that the dog has been seized and will be destroyed, sold or made available for adoption unless redeemed within the period herein provided.
(3) 
Neither the Village of Sea Cliff nor any dog control officer or peace officer employed by or under contract with the Village of Sea Cliff shall incur any liability in the event the owner is not or cannot be notified as provided herein.
[Amended 6-11-2012 by L.L. No. 2-2012]
Any dog seized and impounded as hereinbefore provided may be redeemed by its owner during the applicable redemption period, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law and further provided that the owner pays any fine imposed pursuant to § 36-16 of this chapter and an impoundment fee as may be prescribed by the Village from time to time.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or sale or euthanized. No such dog shall be delivered for adoption or sold unless it has been licensed and identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law prior to its release from the custody of a pound or shelter.
[Amended 12-2-2002 by L.L. No. 4-2002; 6-3-2019]
Any person violating any of the provisions of § 36-11 shall be subject to a fine no less than $100 and no more than $1,000 per offense, at the discretion of the court, effective immediately.
Each day that a violation of this chapter is committed shall constitute a separate offense.
Any violation under this chapter shall be prosecuted in the Village Justice Court of the Incorporated Village of Sea Cliff. Jurisdiction over any person accused of violating any of the provisions of this chapter may be obtained as provided in this Code.[2]
[1]
Editor's Note: See Agriculture and Markets Law, Article 7, § 119, Subsection 2.
[2]
Editor's Note: See Chapter 4, Appearance Tickets and Summonses: Village Justice Court.
Except as amended or modified herein, the provisions of Article 7 of the Agriculture and Markets Law shall apply within the Village of Sea Cliff and shall be enforceable in the same manner as the provisions of this chapter.