[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.
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.
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.
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.
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:
A.
Complaints.
(1)
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.
(2)
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.
(3)
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.
C.
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.
A.
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.
B.
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.
A.
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]
A.
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.
B.
A violation
of this section shall be punishable by a fine of not less than $100,
nor more than $500.
