[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown (Art. 19 of the 1998 General Ordinance Compilation). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any and all types of animals, fowl, fish, both domesticated and wild.
- ANNOYING DOG
- A dog which, when it is not on the premises of its owner or custodian a) without being provoked harasses or threatens a person in such a manner so as to create fear or the apprehension of bodily injury to such person or b) 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.
- AT LARGE
- Not on the premises of an animal's owner or custodian or not on a leash and under the immediate control of an animal's owner or custodian.
- DANGEROUS ANIMAL
- Any animal which by its nature or behavior is capable of inflicting bodily harm upon a person such as, but not limited to poisonous snakes and reptiles, carnivorous birds, cats, large monkeys, apes and bears.
- VICIOUS DOG
- 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.
Any person who is the owner, harborer or having custody or control of any animal shall:
Not permit any animal, except house cats not exceeding 15 pounds in weight, to be at large in the R-15 (15,000 square foot) Zoning District as said district is defined in Chapter 315, Zoning, of the Code of the Village of Lattingtown from time to time.
Any person complaining that a dog is vicious or annoying, or is or was at large in violation of this chapter, may contact the Nassau County Police Department or make a written complaint to the Village Clerk. Each complaint submitted to the Village Clerk shall include the date, time, place and manner in which the dog was vicious, annoying or at large, together with the name and address of the owner or custodian of said dog, to the extent known or reasonably ascertainable, and shall be signed by the complainant.
Upon receipt of a written complaint, the Village Clerk shall notify the owner or custodian of said dog, if known, that a complaint has been received and that said dog may be impounded by the Dog Warden upon being subsequently found at large.
Upon receipt by the Village Clerk of a subsequent written complaint, the Village Clerk or Village Attorneys may notify the Dog Warden to take the necessary steps to impound the dog.
Review procedure. On request of the Village, or the owner or custodian of a dog deemed to be vicious or annoying, the Village Justice shall hold a hearing for the purpose of reviewing the complaint and determining whether the dog which is the subject of the complaint is vicious or annoying as defined herein. If, after the hearing, the Village Justice finds that such dog is vicious or annoying, he shall order and declare that such dog is vicious or annoying and thereafter it shall continue to be unlawful for such vicious or annoying dog to be at large in the Village.
Upon finding by the Village Justice that a dog is vicious or annoying, or that an animal was at large in violation of this chapter 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 as provided for in this chapter. The Village Justice may order that any dangerous animal or vicious dog be destroyed.
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.
Regulation. No person shall set, install, construct, operate or maintain any trap, deadfall, or other device or set out any chemical substance designed or intended to capture, kill or take fur-bearing or domestic animals within Village.
[Added 2-16-2011 by L.L. No. 1-2011]
No person owning, possessing, harboring or having custody or control of any animal shall permit such animal to deposit any animal waste, as that term is commonly understood, on any public street, road, or highway, including the rights-of-way thereof, or other public places located within the Village unless such waste is immediately removed in a sanitary manner.
A violation of this section shall be punishable by a fine of not less than $100, nor more than $500.