[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 5-9-1966 as Ch. 4 of the 1966 Code. Amendments noted where applicable.]
Peace and good order — See Ch. 155.
No person shall cause, suffer or allow any animals or fowls to run at large or be at large within the Village.
[Amended 12-17-2018 by L.L. No. 2-2018]
Leashing of dogs; restraining dogs outdoors.
No person owning or harboring a dog shall suffer or allow it to run at large in any of the streets or public places of the Village or upon the premises of anyone other than the owner or keeper unless the owner or occupant of such premises grants permission, and no dog shall be permitted in any public place or street within the Village unless it is effectively restrained by a chain or leash not exceeding six feet in length and unless it is attended by a person of adequate age and discretion properly to control its actions.
No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to a stationary object outdoors, or cause such animal to be so restrained, for longer than two continuous hours in any continuous twelve-hour period. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash.
Any person who tethers, leashes, fastens, secures, restrains, chains or ties a dog to a stationary object outdoors shall provide such animal with adequate food, water, and shelter, and shall restrain the dog with a device having swivels at both ends that is of adequate length for the type, age, and size of the dog being restrained; provided, however, that the requirement to provide adequate food, water, and shelter shall not apply to a person who restrains a dog for a period of time that is 15 minutes or less in duration.
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time with a device that:
is a choke collar or pinch collar, or similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking or substantial discomforts to the dog;
Is embedded, partially embedded or may become embedded in the dog's skin;
Weighs more than 1/8 of the dog's total body weight, but in no event shall such weight exceed 10 pounds;
Is less than 10 feet in length for a running cable trolley and 15 feet in length for a tether to a stationary object;
Is too short to allow the dog continuous access to adequate food, water, and shelter or to urinate or defecate in an area separate from where it might eat, drink or lie down;
Is not designated for dogs;
Has weights attached or contains links that are more than 1/4 inch thick;
Because of its design or placement is likely to become entangled around itself, the dog, objects, or other animals;
Is long enough to allow the animal to move outside of its owner's property; and
Would allow the restrained animal to move over an object, including but not limited to any type of fencing or barrier or edge that could result in the strangulation of or injury to such animal.
Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie, or restraint shall be attached to a properly fitting collar or harness designed for this purpose worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with Subsection B(1).
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time if such dog is under six months of age.
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain more than one dog at a time on a permissible device.
Notwithstanding the provisions of this section, no person shall allow a tethered, leashed, fastened, chained, tied, secured, or restrained dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise harmed by humans or other animals.
Upon a finding of any violation(s) of this section, any dog seized pursuant to the provisions of this chapter or any other state or federal law shall be returned to the owner or custodian only upon proof that the violations have been cured.
Violations of this section may be supported by evidence, including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.
The provisions of this section shall not be construed to prohibit the Department, the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer, peace officer, and Building Department personnel from enforcing any other law, rule or regulation regarding the humane treatment of animals.
[Added 12-17-2018 by L.L. No. 2-2018]
It shall be a violation of this section for any person to place an animal or permit such animal to be placed or confined or remain in an unattended vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or such circumstances as reasonably may be expected to cause suffering, disability or death.
Nothing in this chapter shall be construed as to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose.
Any police officer, peace officer, employee of the Building Department or Dog Control Officer of the Village of Freeport who finds an animal in a motor vehicle in violation of Subsection A hereof may enter a motor vehicle, without civil or criminal liability, to remove the animal. The person removing the animal shall take said animal or cause said animal to be delivered to an animal shelter or other place of safekeeping in the Town of Hempstead. This section can be enforced by the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer, peace officer, Dog Control Officer of the Village of Freeport or the Freeport Department of Buildings.
In the event that the owner or custodian of said animal cannot otherwise be located, the person shall leave in a prominent place on or in the vehicle a written notice bearing his name and department and the address where the animal may be claimed by the owner thereof. The animal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody. The animal shall be surrendered to the owner if the owner claims the animal within 10 days from the time the animal was removed from the vehicle and pays all reasonable charges which have accrued for the maintenance of the animal. If the owner does not claim the animal within the specified time, the animal shelter may place the animal for adoption in accordance with provisions of this chapter and the Agriculture and Markets Law of the State of new York
It shall be a violation of this section for any person to leave a dog unattended outdoors for over 30 minutes in inclement weather or under other conditions or for such a period of time as may endanger the health or well-being of such dog due to heat, lack of water or such other circumstances, such as a weather advisory by any federal, state, county, town, village government or as reasonably may be expected to cause suffering, disability or death. it shall be a rebuttable presumption that any temperature below 32° F. or above 90° F. constitutes inclement weather.
[Amended 1-22-1973; 11-26-1973; 11-22-1976 by L.L. No. 11-1976; 4-17-1978 by L.L. No. 9-1978]
It shall be the duty of the person or officer authorized under Article 7 of the Agriculture and Markets Law, as amended, to enforce the provisions of such law, to enforce the provisions of this chapter and to take into his possession any dog found running at large to be disposed of in the same manner and under the same circumstances as provided for unlicensed or untagged dogs under the provisions of § 114 of the Agriculture and Markets Law, as amended.
The keeper of the pound shall, on receiving any dog, immediately notify the owner or harborer of every such dog, if the owner or harborer is known to the poundkeeper or can, with reasonable diligence, be ascertained, that such animal has been and is impounded.
Any such dog so seized may be redeemed by the owner of the same upon the payment of a redemption fee to the Village Clerk and, in addition, if said dog is unlicensed, by the payment of the license fee to the Village Clerk, who will issue to said owner an order to the keeper of the public pound for the delivery of such dog. The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for the redemption of a dog at large which has been seized.
[Amended 7-9-1979 by L.L. No. 8-1979; 4-26-1982 by L.L. No. 7-1982; 2-26-1990 by L.L. No. 7-1990]
Editor's Note: Former Subsection D, requiring unredeemed dogs to be destroyed, which immediately followed this subsection, was repealed 12-17-2018 by L.L. No. 2-2018.
[Amended 4-17-1978 by L.L. No. 9-1978; 12-17-2018 by L.L. No. 2-2018]
Any person found guilty of violating any of the provisions of §§ 78-1 through 78-3 shall be subject to a fine of up to $250 and/or 15 days in the Nassau County Correctional Center for the first offense and a fine of up to $500 and/or 15 days in the Nassau County Correctional Center for each subsequent offense for the same violation.
Pace limited to a walk. No person shall ride any horse or other animal on any street or in any public place at a pace other than a walk. The provisions of this section do not apply, however, to any show, parade, exhibition or other display of such animals as part of a performance or function duly authorized in the municipal stadium or other public place or park.
Sidewalks not to be used. No person shall ride or lead a horse, pony, donkey or mule along any sidewalk or footpath or upon private property without the consent of the owner or occupant thereof.
[Amended 12-12-1983 by L.L. No. 19-1983]
No person shall own, possess, harbor, keep or maintain any animal, including a pet animal or pet bird, under his (her) control which frequently or for continued duration makes sounds which create unreasonable noise across a residential real property boundary or adjacent to or on the premises of or through the walls of any multiple dwelling, including an apartment house, townhouse, rooming house, cooperative apartment or condominium.
For purposes of enforcing and interpreting the provisions of this section; the following terms shall have the meanings indicated:
- FREQUENTLY OR FOR CONTINUED DURATION
- A continual period of 10 minutes or an intermittent aggregate period of 20 minutes in a one-hour interval.
- UNREASONABLE NOISE
- Any excessive or unusually loud sound uttered by an animal or any animal sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities. Such sounds shall include barking, mewing, chirping, tweeting, whistling, screeching, hooting, growling, neighing, mooing, baying, whining, crying or any other unreasonably loud sound capable of being uttered by an animal.
[Amended 4-17-1978 by L.L. No. 9-1978]
No person within the Village limits shall keep or maintain any goats, pigs, horses, sheep or cattle within 200 feet of any residence other than the residence of the person so keeping or having such animals.
[Amended 11-27-1972; 4-17-1978 by L.L. No. 9-1978]
Nuisances by animals. No person owning, harboring, keeping, in charge of or having the right and ability to prevent shall knowingly or carelessly or negligently permit any dog or other animal to commit any nuisance upon any sidewalk, thoroughfare, passageway, bypath, play area, park or any place where people congregate or walk or on any public property whatsoever or upon the floor of any hall of any apartment house which is used in common by the tenants thereof or upon the fences of any premises or the walls or stairways of any building abutting on a public street, avenue, park, public square or place or upon the floor of any theater, store, factory or any building which is used in common by the public, including all public rooms or places therewith connected, or upon the floor of any depot or station or upon the station platform or stairs of any railroad or other common carrier or upon the roof of any apartment house used in common by tenants thereof or upon the floor of any hall, stairway or office of any hotel or lodging house which is used in common by the guests thereof nor shall any person omit to do any reasonable and proper act or take any reasonable and proper precaution to prevent any such dog or other animal from committing such a nuisance in, on or upon any of the places or premises herein specified.
The restriction in this section shall not apply to that portion of street lying between the curblines, which shall be used to curb such dog under the following conditions:
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the health authority.
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed, in accordance with the provisions of this subsection, in a sanitary manner approved by the health authority.
Sidewalk. The term "sidewalk" shall mean the area between the curbline and the abutting property owners' line.
[Added 8-28-1967; amended 4-17-1978 by L.L. No. 9-1978]
It shall be unlawful for any person, firm, corporation or other entity within the Village limits to keep, harbor or maintain any live poultry or fowl, including but not limited to chickens, ducks and geese, except that not more than two poultry or fowl may be kept as household pets.
It shall be unlawful for any person owning or harboring a dog to permit, suffer or allow said animal to go into or enter upon the following parking fields within the Village of Freeport at any time:
[Added 1-24-1977 by L.L. No. 1-1977]
It shall be unlawful for any person, firm, corporation or other entity to keep, harbor or maintain any bees or other flying insects within the Village limits.
Any person violating any provision of this section shall be liable for and pay a penalty not to exceed the sum of $25 for each offense. Every day that the violation is permitted to continue shall be a separate and complete offense.
[Added 4-17-1978 by L.L. No. 9-1978]
[Added 8-28-1978 by L.L. No. 17-1978]
It shall be unlawful for any person to keep or harbor a combined total of either five dogs or cats in any residential housing or dwelling unit or on its grounds.
[Added 12-4-1978 by L.L. No. 20-1978; amended 7-9-1979 by L.L. No. 8-1979; 2-26-1990 by L.L. No. 8-1990; 7-15-2002 by L.L. No. 6-2002]
Any dog six months of age or older harbored or otherwise kept within the Village of Freeport shall have a dog license. No license shall be required for any dog which is under the age of six months and which is not at large. Such license shall be suspended from a dog's collar and worn at all times both on and off the dog owner's premises. A license shall be renewed after a period of one year, beginning with the first day of the month following the date of issuance, and shall be renewable annually thereafter prior to the expiration date. All applications for a dog license must be made to the Village Registrar and must comply with the requirements of the Agriculture and Markets Act of the State of New York.
All dogs must have proper rabies vaccinations.
The Board of Trustees, by resolution, shall adopt and from time to time may amend a schedule of fees payable by an applicant for each dog license issued pursuant to the Agriculture and Markets Law.
[Added 2-11-2002 by L.L. No. 2-2002]
The Superintendent of Buildings and/or his duly authorized agent, the Freeport Police Department, and, by agreement, the Nassau County Society for the Prevention of Cruelty to Animals, shall have full authority to enforce the provisions of this chapter.