[Adopted 10-15-1974 by L.L. No. 3-1974[1]]
[1]
Editor's Note: This local law supersedes former
Art. I, Dogs, adopted 6-15-1943 and amended 7-15-1959.
As used in this local law, the following definitions
shall apply:
A dog which, when it is not on the premises of its owner
or custodian, without being provoked, harasses or threatens a person
in such a manner so as to create the apprehension of fear of bodily
injury by such person, or deposits animal waste on or damages the
real property of or damages or destroys the personal property of a
person other than the dog's owner or custodian.
When an animal is not on the premises of its owner or custodian
and is not on a leash and under the immediate control of its owner
or custodian.
Includes any person or group of persons living in the same
household as one family unit, or any firm, association or corporation
owning, harboring, boarding or otherwise keeping or having in his,
her, its or their custody a dog or dogs within the Incorporated Village
of Floral Park, New York.
A dog which has once bitten any person or twice makes an
unprovoked attack upon and bites another dog or other domestic animal
while at large.
No owner shall keep, harbor, board or otherwise
have in his, her, its or their custody more than two adult dogs on
any premises within the Incorporated Village of Floral Park, New York.
For the purpose of this section, any dog over the age of six months
shall be considered an adult dog.
No owner shall suffer or allow a dog to run
at large in the Incorporated Village of Floral Park, New York, other
than on the premises of the owner or on the premises of another person
with the knowledge and consent of such other person.
If any dog shall bite any person or domestic
animal, the owner shall immediately upon knowledge thereof confine
said dog, notify the Village Police Department of the place where
such dog is confined, and shall not thereafter permit such dog to
leave such confinement until it has been examined by a duly licensed
veterinarian and pronounced by such veterinarian to be free from rabies.
Any owner of a dog shall care for, maintain
and handle said dog in a manner which shall be sanitary and prevent
noises, barking, fighting, howling or whining at any time so as to
disturb the peace, comfort and quiet of the neighborhood.
[Amended 10-3-1978 by L.L. No. 5-1978]
A.
No person owning, harboring or having immediate custody
of a dog shall knowingly, carelessly or negligently permit such dog
to urinate, defecate or commit any other nuisance upon any sidewalk,
public street, park, public square or place in the Incorporated Village
of Floral Park, New York; or upon the floor of any hall of any tenement
house which is used in common by the tenants thereof; or upon the
fences of any premises; or upon the walls or stairways of any building
abutting upon 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 tenement house used in common by
the 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; or upon any private property without the permission of the
owner of such property. The restriction in this section shall not
apply to that portion of the street line between the curblines, provided
that:
(1)
The person who shall so curb such dog shall immediately
remove all feces deposited by such dog in a sanitary manner.
(2)
The feces removed from the aforesaid designated area
shall be disposed of by the person owning, harboring or having immediate
custody of the dog in a sanitary manner by placing such feces in a
proper receptacle located upon the premises or property of said person.
B.
Enforcement.
[Amended 4-1-1980 by L.L. No. 2-1980; 11-19-2002 by L.L. No.
11-2002]
(1)
It shall be the duty of the Police Department to enforce
the provisions of this local law. The Commissioner of Police is hereby
authorized and directed to supply police officers, parking meter attendants
and/or code enforcement personnel with summonses for the purpose of
giving notice to persons violating any provision of this local law.
Such notice may be given by delivering such summons to the violator
or by mailing such summons to the violator's residence. Such summons
shall direct the violator to appear, present such summons and answer
to the charge against him at a designated place on a certain date
and at a certain hour specified therein. The police officer, parking
meter attendant or code enforcer shall deliver copies of such summons
to the Village Justice.
A.
Complaint by Village resident. Any Village resident
claiming that a dog is vicious or annoying as defined herein, or is
or was at large in violation of this article, may make a written complaint
to an officer of the Police Department whose duty it shall be to issue
an appearance ticket requiring the owner or custodian of such dog
to appear before the Village Justice to determine such issue.
B.
Complaint by police officer. Upon reasonable belief
by an officer of the Police Department that a dog is vicious or annoying
as defined herein, or is or was at large in violation of this article,
it shall be his duty to issue an appearance ticket requiring the owner
or custodian of such dog to appear before the Village Justice to determine
such issue.
C.
Procedure and trial. The Village Justice shall hold
a trial for the purpose of determining whether the dog which is the
subject of the complaint is vicious or annoying, as defined herein,
or was at large in violation of this article.
Upon a finding by the Village Justice that a
dog is vicious or annoying or at large or otherwise in violation of
this article, the owner or custodian of such animal shall be responsible
in damages for any injury or damage caused by such animal and shall
also be liable for a fine not exceeding $100. The Village Justice
may order that any dangerous animal or vicious dog be destroyed or
be confined to the owner's premises.
Any officer of the Police Department is authorized
to kill any dangerous animal or vicious dog when it is necessary for
the protection of any person or property.
If any section, subdivision, paragraph, clause
or provision of this local law shall be adjudged invalid, such adjudication
shall apply only to the section, subdivision, paragraph, clause or
provision so adjudged invalid, and the remainder of this local law
shall be deemed valid and effective.
