[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 434.
[Adopted 10-15-1976 by L.L. No. 2-1976 (Ch. 3, Art. I, of
the 1972 Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
A.
No person shall, within the limits of the Incorporated Village of
Malverne, harbor or keep any horse, pony, cow, calf, hog, goat or
sheep, except on a currently existing working farm.
B.
No person shall, within the limits of the Incorporated Village of
Malverne, harbor or keep any poultry, chicken, duck, goose or pigeon,
except on a currently existing working farm.
[Adopted 7-5-1989 by L.L. No. 1-1989 (Ch. 3, Art. II, of
the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Male or female members of the species Canis familiaris.
The owner of record or any person who owns, possesses or
harbors any dog. If the owner of a dog shall be under the age of 16
years, the parent or guardian of such person shall be deemed the owner.
It shall be unlawful for any person owning, harboring or keeping
or having custody of a dog within the Incorporated Village of Malverne
to permit such dog to be off the premises of the owner, unless restrained
by a leash not exceeding six feet in length and held by a person capable
of physically controlling the dog.
No person shall entice any dog or other animal out of the house
of its owner or harborer or seize or molest any dog or other animal
while held or led by any person or while properly registered.
A.
Sanitation requirements.
(1)
No
person owning, harboring, keeping or in charge of any dog shall cause,
suffer or allow such dog to soil, defile, defecate or commit any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park or any place where people congregate or walk, or on any public
property whatsoever or on any private property without the permission
of the owner of said property.
(2)
The
restriction in this subsection shall not apply to that portion of
the street lying between the curblines, which shall be used to curb
such dog under the following conditions:
(a)
The person who so curbs such dog shall immediately remove, in
a sanitary method, all feces deposited by such dog.
(b)
The feces removed from the aforementioned designated area shall
be disposed of in a sanitary manner by the person, owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this article.
B.
No person shall have, keep or permit to be kept on any premises,
either residential or commercial, owned or occupied in whole or in
part by him or her, within the limits of the Village, any dog or animal
which, by its howling, whining, and/or barking, shall disturb a reasonable
person of normal sensitivities. Such howling, whining and/or barking
shall be a disturbance if such howling, whining and/or barking can
be heard over the adjacent property line of said premises and shall
occur for a continuous period of 15 minutes within a one-hour period.
[Amended 8-17-2000 by L.L. No. 3-2000[1]]
It shall be unlawful for any person to keep or harbor a dog
in the Village unless such dog is licensed by the Village Clerk in
accordance with Article 7 of the New York State Agriculture and Markets
Law.
The annual fees for licenses issued pursuant to this article
shall be as set forth from time to time by resolution adopted by the
Board of Trustees.
The Board of Trustees of the Village of Malverne shall, from
time to time, appoint a person to act as Dog Control Officer pursuant
to Article 7 of the Agriculture and Markets Law of the State of New
York.
A.
The Board of Trustees shall, from time to time, appoint a person
to act as keeper of the public pound or contract for such services
and likewise may appoint or contract for a dog catcher and dog disposal.
B.
It shall be the duty of the keeper of the public pound of the Village of Malverne or any police officer of said Village or any authorized person to distrain or cause to be distrained and impounded any unleashed dog, as provided in § 215-4, in violation of this article or any provisions thereof; any unidentified dog off its owner's property; any unlicensed dog; any dangerous dog as defined in Agriculture and Markets Law § 108, or any dog posing an immediate threat to public safety. The keeper of said pound or other authorized person shall be entitled to receive the fee provided by the current contract for each dog so distrained and delivered.[1]
The owner of a dog seized may redeem the dog within five days
by producing to the person seizing the dog a license for the dog and
paying a fee commensurate with the cost of impoundment, together with
a surcharge in an amount set from time to time by the Board of Trustees,
for the cost of the seizure. If not so redeemed, the owner shall forfeit
all title to the dog, and the dog shall be sold or destroyed by the
keeper of the pound or other authorized representative. In the case
of sale, the purchaser must pay the purchase price to the Clerk or
Dog Control Officer.[2]
[Added 8-17-2000 by L.L. No. 3-2000]
A.
No person shall have, keep or permit to be kept on any premises,
either residential or commercial, owned or occupied, in whole or in
part by him or her, within the limits of the Village more than three
adult dogs.
B.
For the purpose of this section, any dog over the age of six months
shall be considered an adult dog.
