[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 10-1-1974 by L.L. No. 1-1974[1]; amended in its entirety 5-9-1966. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 23,
Dogs, adopted 12-27-1937 by Section 9 of Ordinance II.
The dogs in the Village of Bayville have, in
some instances, been allowed to cause annoyance and damage to the
person and property of others, and it appearing further that dogs
properly cared for serve a useful purpose, the Village Board of the
Incorporated Village of Bayville enacts the following chapter to preserve
the relationship between a dog and his master and at the same time
to protect the health, safety and property of others from annoyance
and damage caused by dogs.
The title of this chapter shall be the "Dog
Control Law of the Incorporated Village of Bayville."
As used in this chapter, the following terms
shall have the meanings indicated:
Both male and female dog.
Designates and describes each animal at all times when it
is off the premises of the owner or is on the premises of another
without his consent unless 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 affixed to the collar or
harness of the dog.
The person authorized by the Village Board from time to time,
by resolution, to enforce the provisions of this chapter. The Dog
Control Officer shall be authorized to draw on information and obtain
supporting affidavits for submission to the Village Justice Court.
Any person or persons, firm, association or corporation owning
or keeping a dog. In the event the owner of any dog committing an
infraction against any provision of this chapter shall be under the
age of 18 years, the head of the household in which said owner resides
shall be deemed to have custody and control of said dog and shall
be responsible for any acts of said dog.
The area within the corporate limits of the Village of Bayville.
[Amended 1-22-1979 by L.L. No. 2-1979; 12-10-1979 by L.L. No. 14-1979; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
All dogs kept, harbored or maintained in the
Incorporated Village of Bayville shall be licensed if running at large
and/or over four months of age, and all owners must comply with all
pertinent laws and provisions incident to obtaining such license and
the wearing of a license tag by a dog. Dog licenses shall be obtained
from the Town of Oyster Bay Town Clerk.
[Amended 1-22-1979 by L.L. No. 3-1979]
A.
Running at large prohibited. No dog, whether licensed
or unlicensed, muzzled or not muzzled, shall be allowed to run at
large in any street, sidewalk, lane or public avenue. It shall be
unlawful and an infraction hereunder for any owner of a dog hereinabove
defined to permit a dog, whether licensed or unlicensed, to be at
large within the Village, unless 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 affixed to the collar or
harness of the dog.
B.
Nuisances prohibited. No person owning, harboring,
keeping or in charge of any dog shall cause, suffer or allow such
dog to soil, defile, defecate or commit any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park or any
place where people congregate or walk, or on any public property whatsoever,
or on any private property without the permission of the owner of
said property. The restriction in this section shall not apply to
that portion of the street lying between the curblines, which shall
be used to curb such dog under the following conditions:
(1)
The person who so curbs such dog shall immediately
remove, in a sanitary method, all feces deposited by such dog.
(2)
The feces removed from the aforementioned designated
area shall be disposed of in a sanitary manner by the person owning,
harboring, keeping or in charge of any dog curbed in accordance with
the provisions of this chapter.
Any dog found at large and not under effective
restraint as required herein may be seized by any duly appointed Dog
Control Officer, any Assistant Dog Control Officer, peace officer
or duly authorized officer or representative of the Incorporated Village
of Bayville, or the American Society for the Prevention of Cruelty
to Animals, and confined and impounded in a pound designated by the Village.
Any dog so found at large not under effective restraint that cannot
be safely seized may be destroyed by such Dog Control Officer, Assistant
Dog Control Officer, peace officer or other duly authorized officer.
Any dog so found at large which is wounded and in need of emergency
veterinary care shall be taken for such care as soon as possible by
the person seizing said animal.
A.
The owner, or his agent, of a dog seized not wearing a current license tag may redeem the dog within seven days of seizure by producing a license for the dog and upon payment of a fee of $40 and any fees necessary under Subsection E hereof.
[Amended 9-23-1991 by L.L. No. 6-1991]
B.
The owner, or his agent, of a dog seized wearing a
current license tag may redeem the dog within seven days of the seizure
by producing a license for the dog and upon a fee of $15.
[Amended 9-23-1991 by L.L. No. 6-1991]
[Amended 3-28-1977 by L.L. No. 2-1977[1]]
A.
The Village Board may from time to time, by resolution,
adopt rules and regulations under this chapter.
B.
Appearance tickets.
(1)
The Dog Control Officer, Assistant Dog Control Officer
or any person duly authorized to enforce the provisions of this chapter
may issue an appearance ticket pursuant to the Criminal Procedure
Law for any violation of this chapter. An answer to such appearance
ticket may be made by registered or certified mail, return receipt
requested, within five days of the violation in lieu of personal appearance
on the return date at the time and court specified in said appearance
ticket.
(2)
If a person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete an
appropriate form and a check or money order in the amount of the penalty
for the violation charged in conformity with the schedule printed
on said summons and adopted by a resolution of the Board of Trustees;
and forward such form and appearance ticket to the Clerk of the Bayville
Village Court.
(3)
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he may
complete an appropriate form likewise prescribed for that purpose
and forward such form and appearance ticket, together with security
in the amount of $15, to the Clerk of the Bayville Village Court.
Upon receipt, such answer shall be entered and a new return date established
by said Clerk. Such person shall be notified by return mail of the
date and place of such return date and the security shall be returned
upon appearance thereat. If a person shall fail to appear at a return
date, when such is provided for pursuant to this section, the security
posted to secure such appearance shall be forfeited and a summons
or a warrant of arrest may be issued pursuant to the Criminal Procedure
Law.
[1]
Editor's Note: This local law also provided
that it is the intent of the Board of Trustees to provide for the
implementation of an orderly disposition of dog violations in conformity
with § 126 of the Agriculture and Markets Law.
No liability shall be imposed upon any employees
of the Village or the Incorporated Village of Bayville for the destruction
or sale of any dog pursuant to the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For any infraction of the provisions of § 23-5 by any person or persons, association or corporation, the perpetrator shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a definite term not exceeding 15 days for each such infraction, or by both such fine and imprisonment.
