[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:
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.
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:
The State Commissioner of Agriculture and Markets.
Any number of the species canis familiaris.
To provide food or shelter to any dog.
A tag which sets forth an official identification number
as required by the provisions of Article 7 of the Agriculture and
Markets Law.
Any dog carrying an identification tag as provided in Article
7 of the Agriculture and Markets Law.
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.
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.
Loose or at-large dog. Any dog found loose or at large
and seized and impounded as hereinbefore provided shall be confined:
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]
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.
