[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]
[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.
