Village of Huntington Bay, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 7-6-1937]
No person shall keep any animal or animals which annoy, injure or endanger the comfort, repose, health or safety of other persons. The word “animal” as used in this article does not include the human race, but includes every other living creature. No person shall keep any dogs for sale or maintain any dog kennel for commercial purposes or maintain any establishment for the commercial sale of any animals except in that portion of the Village of Huntington Bay which has been duly established as the business zone of said Village by Chapter VIII of the ordinances of said Village, as amended.[1]
[1]
Editor’s Note: See Ch. 91, Zoning.
[Added 2-10-2014 by L.L. No. 1-2014]
No person shall harbor, keep and maintain within the Village limits any livestock, poultry or fowl, including, but not limited to, pigs, swine, horses, donkeys, cows, cattle, goats, sheep, llamas, alpacas, chickens, roosters, ducks, geese, peacocks or pigeons, but the keeping of a reasonable number of customary household pets is not hereby prohibited.
[Amended 1-14-2002 by L.L. No. 2-2002]
Any person or persons violating this article shall be liable to pay a fine of not more than $200 for a conviction on each offense. Any violation of this chapter or article shall constitute the maintenance of a public nuisance, and any person or persons so violating the same may be proceeded against accordingly as provided by law.
[Added 12-10-1956; amended 9-9-2002 by L.L. No. 3-2002]
A. 
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal as defined in New York State Agriculture and Markets Law § 108 to the Police Department of the Village, whose duty it shall be to commence a dangerous dog proceeding before the Village Justice in accordance with the proceeding set forth in New York State Agriculture and Markets Law § 121.
B. 
Any person may, and any Village Police Officer shall, make a complaint under oath or affirmation to any Village Justice of such attack, chasing or worrying. Thereupon, the Village Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any dog control officer, peace officer, acting pursuant to his special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Village Justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the Village Justice shall then order any dog control officer, peace officer, acting pursuant to his special duties, or police officer to cause the dog to be euthanized immediately, or shall order the owner to confine securely such dog permanently except as provided in New York State Agriculture and Markets Law § 121. The owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog and to provide protection from the elements. If the owner fails to confine the dog as required by such order, any dog control officer, peace officer, acting pursuant to his special duties, or police officer shall destroy such dog on or off the premises of the owner. In addition to an order of confinement, the Village Justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when confined in the presence of persons other than the owner or custodian; and outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment.
C. 
Any person or persons violating this provision shall also be liable to pay a fine and/or civil penalty as noted below for a conviction on each offense. Any violation of this article shall constitute the maintenance of a public nuisance and any person or persons so violating the same may be proceeded against accordingly as provided by law.
(1) 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog or hearing dog causing physical injury shall be subject to a fine not to exceed $400 in addition to any other applicable penalties.
(2) 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person causing serious physical injury shall be subject to a fine not to exceed $800 in addition to any other applicable penalties.
(3) 
The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this article, to bite a person causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000, or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment in addition to any other applicable penalties.
(4) 
If any dog which had previously been determined by a judge or justice to be a dangerous dog, as defined in New York State Agriculture and Markets Law § 108, shall without justification kill or cause the death of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog escapes without fault of the owner, the owner shall be guilty of a Class A misdemeanor in addition to any other penalties.
(5) 
Any person or persons violating any provisions of this section shall be liable for and pay a fine of not less than $50 and not more than $250 for a conviction on a first offense and shall be liable for and pay a fine of not less than $100 and not more than $500 for a conviction on each subsequent offense. Such fine may be imposed in addition to or as an alternative to the civil penalty provided hereinabove.
[Added 1-14-2002 by L.L. No. 2-2002; amended 9-9-2002 by L.L. No. 3-2002]
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.