[HISTORY: Adopted by the Board of Trustees of the Village of Greenport as indicated in article histories. Amendments noted where applicable.]
Article I Dogs
[Adopted 9-19-1985 by L.L. No. 3-1985]
It appearing that dogs in the Village of Greenport have, in some instances, been allowed to cause annoyance and damage to the person and properties of others, and it appearing further that dogs properly cared for serve a useful purpose, the Board of Trustees of the Village of Greenport 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.
For purposes of this article, the following terms shall have the meanings indicated:
- Any member of the species canis familiaris.
- DOG CONTROL OFFICER
- Any person appointed by the Mayor to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law of the State of New York as therein specified. Such person or persons shall have all of the powers of a peace officer of the State of New York, including service of a summons, and service of an appearance ticket pursuant to the Agriculture and Markets Law.
- OWN and OWNER
- Includes any person having the right of property in a dog, any person who keeps or harbors a dog or has in his care or who acts as its custodian or any person who permits a dog to remain on or about any premises occupied by him.
- RUNNING AT LARGE
- Any dog, licensed or unlicensed, while roaming, running or self-hunting off the property of its owner or custodian and not under the control of the owner or custodian by a leash not exceeding 10 feet in length.
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such a dog while in the Village of Greenport to:
Run at large unless said dog, whether or not tagged or licensed, is restrained by an adequate collar and leash, rope or chain or within a cage or motor vehicle or unless accompanied by its owner or a responsible person able to control the animal.
Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or a responsible person able to control the animal.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
Remain in the Village unless licensed in accordance with § 109 of the New York State Agricultural and Markets Law.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to enclosed premises of such person during such period.
Any person attending a dog or other animal in any public place or street (including the beach, park, or playgrounds) shall take such action as is necessary to clean up after such dog or other animal in an appropriate manner when such dog or other animal discharges any substance in any public place or street (including the beach, park or playgrounds).
[Added 2-24-2014 by L.L. No. 1-2014]
[Amended 8-15-1996 by L.L. No. 5-1996]
This article shall be enforced by the Dog Control Officer or by the Town of Southold Police Department or any other enforcement officer.
Any dog found running at large or which does not have a license shall be impounded and taken to such place as may be designated by the Board of Trustees as a place of detention and shall there be properly fed and cared for at the expense of the Village until disposition thereof shall have been made in accordance with the provisions of this section.
Unlicensed dogs. Upon the seizure and impounding of any unlicensed dog, the owner of such animal, if known, may be notified thereof. Such dog so seized and impounded shall be held for a period of five days, during which time the owner of said dog may recover the same by producing a license for such dog and paying the redemption fees specified below.
Redemption charges. If the dog is to be redeemed, the owner shall pay the Dog Control Officer a fee of $30 plus the charge of $10 per day for the care of the dog while impounded.
Forfeiture of title to dog. If an impounded dog is not redeemed or a trial demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Village or destroyed by the appropriate official as hereinafter provided.
Sale of impounded dog. The Dog Control Officer is hereby authorized to sell any dog impounded at such price as he shall determine to be fair and shall deposit such sum in the general fund of the Village. The Village shall keep a record of all sales, and such records shall be open to public inspection. Such records shall be kept for one year.
Destruction of dogs. In the event that the dog is not redeemed within the time herein set forth or in the event that it becomes necessary to destroy a dog, the Control Officer or other law enforcement officer shall arrange to humanely destroy and dispose of the carcass.
No person shall molest or interfere in any way with the Dog Control Officer or any of his duly authorized assistants or with the duly authorized agents of any person or corporation engaged in enforcing this article or the provisions of the Agriculture and Markets Law and the Public Health Law relating to dogs while he or they are engaged in the performance of their duties.
In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation of this article. An answer to such appearance ticket may be made by mail within five days of the violation, as provided by Subsections B and C of this section, in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
Editor's Note: See Article 150 of the Criminal Procedure Law.
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form, as authorized by this article, entering a plea of guilty thereby, and shall forward such form and appearance ticket to the office specified on such appearance ticket. A certified check or money order in the amount of the penalty for the violation charged, in accordance with the penalty schedule appearing on the answer form, must also be submitted with the answer.
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 for that purpose, entering a plea of not guilty thereby, and shall forward such form and appearance ticket to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such person shall be notified by return mail of the date and place of such return date.
[Amended 5-16-1996 by L.L. No. 3-1996]
Any offense against the provisions of this article shall be deemed a violation, and any person convicted of a violation shall be liable to a maximum fine of $250 and a minimum fine of $25 or imprisonment for a term of not more than 15 days, or both. In addition, a dog found to be dangerous may be ordered securely confined or destroyed, in the discretion of the court.