Village of East Hampton, NY Chapter 68 Animals

[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Animals on beaches — See Ch. 77, Art. I.

Noise — See Ch. 196.

Keeping animals or fowl — See § 211-4.

Streets and sidewalks — See Ch. 250.

Article I Dog Control

[Adopted 3-17-2000 by L.L. No. 2-2000 (Ch. 13A of the 1971 Code)]

§ 68-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AT LARGE

Any dog that meets all three of the following:

A. The dog is without supervision;

B. The dog is:

(1) Causing damage to property;

(2) Causing physical harm to persons; or

(3) Creating a nuisance within the Village; and

C. The dog is:

(1) On property open to the public; or

(2) On private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained.

HARBOR

To provide food or shelter to any dog.

OWNER

Any person who harbors, keeps or possesses any dog. In the event that any animal found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or head of household in which said person resides). "Owner" also means that the person who has last obtained the issuance of a license for a dog pursuant to the provisions of the Agricultural and Markets Law shall be presumed, for the purposes of this chapter, to be the "owner" of such dog.

PERSON

Includes an individual, any combination of individuals, a partnership or corporation.

UNREASONABLE NOISE

Acoustic energy that exceeds the standards set forth in Chapter 196, Noise, of the Code of the Village of East Hampton.

§ 68-2 Prohibited acts.

A. It shall be unlawful for:

(1) Any owner to fail to license any dog which is six months of age or older.

(2) Any owner to fail to have any dog identified as required by Article 7 of the Agriculture and Markets Law.

(3) Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs, or purebred license tag.

B. It shall be unlawful for any owner of a dog to allow or permit such dog to:

(1) Be at large.

(2) Disturb the comfort, peace, repose of any person in the vicinity by unreasonable noise.

(3) Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner of such dog.

(4) Cause or otherwise harass any person in such a manner as to cause reasonable intimidation or to put such person in reasonable apprehension of bodily harm or injury.

(5) Habitually chase or run alongside of motor vehicles, bicycles, joggers or pedestrians.

(6) Obstruct vehicular traffic.

(7) Endanger itself.

C. It shall be unlawful for any person owning, harboring or possessing any animal to:

(1) Fail to provide proper shelter for such animal.

(2) Cause or permit such animal to enter onto any Village-owned property where it is posted that such entry is prohibited; provided, however, that the presence of an animal on a beach, as defined in Chapter 77, Art. I, of the Village Code, shall be regulated as provided for in said Chapter 77, Art. I, of the Village Code.

(3) Any person owning, harboring, walking or in custody of a dog that defecates on a private road or street, a public road, street, sidewalk, public property or private property without the permission of the property owner shall be responsible for cleaning up such waste immediately.

[Amended 4-16-2021 by L.L. No. 10-2021[1]]

[1] Editor's Note: This local law also provided for the redesignation of former Subsection C(3) as Subsection C(4).

(4) Violate, or to allow or permit such animal to be in violation of, any section of this chapter.

§ 68-3 Confinement of female dogs.

Any owner of any female dog in heat shall confine such female dog in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.

§ 68-4 Animal care.

A. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse a dog or cause, instigate or permit any dogfight.

B. No owner of a dog shall abandon such dog.

§ 68-5 Seizure and redemption.

A. Any owner of any dog found in violation of the provisions of this chapter may have his or her dog seized pursuant to the provisions of Article 7 of the Agriculture and Markets Law, except that no dog violating § 68-2B(2) shall be seized on the basis of said violation.

B. Every dog seized shall be properly cared for, sheltered, fed and watered for the ten-day redemption period.

C. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying an impoundment fee.

§ 68-6 Filing of complaint.

Any person who observes a dog in violation of this chapter may file a complaint under oath with a justice of the town, or file a complaint with a police officer or any Dog Control Officer under contract to the Village of East Hampton, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this chapter.

§ 68-7 Appearance tickets.

Any Dog Control Officer, peace officer, when acting pursuant to his or her official duties, or police officer in the employ of or under contact to the Village, having reasonable cause to believe that a person has violated this chapter, shall issue and serve upon such person an appearance ticket for such violation.

§ 68-8 Penalties for offenses.

A. Any person who violates any provision of § 68-2A of this article shall, upon conviction, be subject to the penalties set forth in Article 7 of the Agriculture and Markets Law.

B. Any person who violates any provision of § 68-4 of this article shall, upon conviction, be subject to the penalties set forth in Article 26 of the Agriculture and Markets Law.

C. Any person who violates any other provision of this article shall, upon conviction, be subject to the following penalties:

(1) For a first offense, a fine of not more than $50.

(2) For a second offense, a fine of not less than $50 nor more than $100.

(3) For each subsequent offense, a fine of not less than $100 nor more than $250.

Article II Wildfowl

[Adopted 7-31-2014 by L.L. No. 12-2014]

§ 68-9 Feeding prohibited.

It shall be unlawful for any person to feed geese, ducks, swans, or other wildfowl within the area that is within 200 feet of the shorelines of Georgica Pond or Hook Pond.

§ 68-10 Penalties for offenses.

Any person who violates the provisions of this article shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment of not more than 15 days, or both, for each and every such violation.