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Village of Woodsburgh, NY
Nassau County
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Table of Contents
Table of Contents
Code
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[HISTORY: Adopted by the Board of Trustees of the Village of Woodsburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1996 by L.L. No. 4-1996[1]]
[1]
Editor's Note: This local law also repealed former Ch. 67, Dogs and Other Animals, adopted as follows: Art. I, 5-15-1967; Art. II, 9-24-1984 by L.L. No. 10-1984.
Summonses and appearances tickets may be issued by any police officer or peace officer, any dog control officer of the Town of Hempstead or other person otherwise authorized by law to issue the same. Each of such persons shall also have authority to serve or execute any other order or process in furtherance of the provisions of this article.
With the approval of the Board of Trustees, the Mayor may appoint one or more dog control officers pursuant to the Agriculture and Markets Law.
[Amended 4-13-2011 by L.L. No. 2-2011]
No person shall own, harbor, possess or keep more than three dogs and/or three cats on any premises in the Village. No more than three dogs and/or cats may be harbored or kept in or at any dwelling unit in the Village.
No person shall own, keep or maintain within the Village a kennel or other facility for boarding of animals, for breeding of animals for sale or trade or for any other purpose.
No person shall own, keep, possess or harbor any wild animal, nondomesticated animal, farm animal, fowl, poultry or any livestock of any kind on any premises within the Village.
No person shall own, possess, keep or harbor any vicious, ferocious or dangerous dog within the Village.
A. 
No person shall permit, suffer or allow any dog owned, kept, possessed or harbored by such person to run loose or at large on any public property in the Village.
B. 
No person shall permit, suffer or allow any dog owned, kept, possessed or harbored by such person to run loose or at large on any private property in the Village without the prior permission of the owner of said property.
C. 
No person shall permit, suffer or allow any dog owned, kept, possessed or harbored by such person to run loose or at large in the front yard of any private property in the Village unless the dog is restrained by a chain or leash sufficiently limited in length to prevent the dog from leaving said private property. Notwithstanding the foregoing, no such person shall permit, suffer or allow any such dog to be in a front yard under circumstances which constitute a real or apparent danger to any person.
D. 
No person shall permit, suffer or allow any dog owned, kept, possessed or harbored by such person to be on any public property in the Village unless such dog is in the immediate possession of a person capable of controlling said dog and such dog is restrained by a chain or leash not exceeding six feet in length.
A. 
No person shall permit, suffer or allow any animal owned, kept, controlled, possessed or harbored by such person to defecate on any public or private property in the Village without the prior permission of the owner of such property.
B. 
It shall be a defense to any prosecution for a violation of Subsection A of this section occurring on public property that the person charged with such violation immediately and voluntarily remove any feces deposited by the animal.
C. 
No person shall permit, suffer or allow any animal owned, kept, controlled, possessed or harbored by such person to create or commit a nuisance in the Village or to make such any unreasonably loud or continued noise or disturbance of the peace.
A. 
Any animal found loose or at large in violation of the provisions of this article or unlicensed or constituting a threat to the safety of persons or property within the Village may be seized or impounded and/or removed to any animal shelter designated by the Village by any police officer, peace officer or dog control officer authorized by law, pursuant to the provisions of the Agriculture and Markets Law.
B. 
In the event that any animal is impounded or seized pursuant to this section and the owner of such animal can reasonably be identified, notice of such seizure shall be given to such owner personally or by certified mail in accordance with the rules of the animal shelter to which such animal is removed and in accordance with the Agriculture and Markets Law.
C. 
Subject to the rules and regulations of such shelter and the Agriculture and Markets Law, the owner of such animal may reclaim the animal by paying all costs of impoundment, boarding and feeding the animal, together with a fee to the Village as established by resolution of the Board of Trustees.
D. 
Any fees and assessments imposed pursuant to this section shall attach as a lien upon the real property within the Village owned by any person who suffers or permits an animal to run at large in violation of this article to be collected in the same manner as a tax on such property.
In the event that an owner of an animal fails to redeem such animal in accordance with the rules of the animal shelter where such animal is impounded, the owner shall forfeit title to such animal and the animal shall be made available for adoption or other disposition as provided in the Agricultural and Markets Law.
[Added 10-27-2003 by L.L. No. 4-2003]
No person shall feed, cause to be fed or provide food for wild animals and/or stray domestic animals on any land in the Village. For the purposes of this section, a "stray animal" shall mean any animal, other than a bird, not owned or lawfully kept on the premises owned or occupied by the person feeding, causing to be fed or providing food to such animal.
In addition to any other penalties provided by law for violations of this Code, where a court of appropriate jurisdiction, including the Village Justice Court, determines that a violation of this article has occurred and that an animal involved in the violation of this article is a danger to the public and the residents of the Village, the court may make such order as is appropriate to the peace and good order of the Village, including but not limited to the impounding of such animal and removal of the same from the Village.
[Adopted 6-11-1996 by L.L. No. 5-1996]
This Article is adopted to protect the health, safety and well-being of persons and property in the Village of Woodsburgh by imposing restrictions on the keeping or harboring of wild or exotic animals within the Village. The Board of Trustees finds that the harboring or keeping of wild or exotic animals may be offensive to other residents of the Village so as to constitute a public nuisance and may pose a threat to persons and property within and without the Village.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Any and all types of animals, both domesticated and wild, male and female, singular and plural.
HARBOR
To keep or contain upon public or private property, or to permit another to keep or contain upon public or private property.
WILD OR EXOTIC ANIMAL
Any species of animal whose natural or usual habitat is either in the wild or in a zoo, as opposed to a domesticated environment, regardless whether such animal poses an actual or apparent threat to persons, other animals or property, and any species of animal which, as a matter of common knowledge, is naturally ferocious, unpredictable, dangerous and mischievous. The following animals, the ownership of which is normally legal and which are normally found within a domesticated environment, are specifically declared not to be "wild or exotic animals" subject to regulations under this Article: dogs (but not including the breed commonly known as a "pit bull"); cats; tropical birds such as canaries, parakeets, parrots and myna birds; guinea pigs; gerbils; hamsters; white mice; turtles, other than snapping turtles; tropical fish; and nonpoisonous snakes.
No person shall harbor a wild or exotic animal within the Village of Woodsburgh except as permitted by this Article.
A. 
Applications for permits to harbor a wild or exotic animal shall be submitted in writing to the Village Clerk, who shall maintain a permanent record of such applications and the disposition of each such application.
B. 
Each such application shall include identification of the applicant and the person who proposes to harbor such wild or exotic animal, the nature and species of such animal, a description of the characteristics of such animal and its propensity or ability to cause harm to persons or property, and the location where the wild or exotic animal is to be harbored, a list of any other wild or exotic animals harbored or proposed to be harbored at the same location and the consent of all owners of such location. Such application shall be accompanied by such fee as may be prescribed by the Board of Trustees by resolution.
C. 
Upon receipt of a complete application, the Village Clerk shall notify the Board of Trustees, which shall schedule a public hearing for the purposes of hearing all interested persons whether a permit should be issued to permit the harboring of the wild or exotic animal.
D. 
The applicant shall give notice of such public hearing to all owners of property located within 500 feet of the boundaries of the property where it is proposed to harbor the wild or exotic animal.
E. 
Notice of such public hearing shall be published by the village, at the applicant's expense, in the village's official newspaper designated for such purpose at least 10 days before the commencement of such hearing.
A. 
The Board of Trustees shall not grant any permit pursuant to this Article without first having determined:
(1) 
That the wild or exotic animal does not constitute a present or future threat to the safety and well-being of the residents of the village, their animals or property.
(2) 
That such animal does not constitute a nuisance to those who may be exposed to it, including but not limited to the immediate neighbors of the harborer of such animal. A wild or exotic animal shall be deemed a nuisance if it or methods to care for it are unsightly or are likely to create offensive sounds or odors. A wild or exotic animal shall also be deemed a nuisance if exposure to it creates a reasonable apprehension of danger.
(3) 
That the harborer of such animal has the ability to provide a safe, healthy and humane environment for the animal and to prevent its escape from confinement.
(4) 
That the ownership or harboring of such animal is otherwise permitted by law.
B. 
In granting any such permit, the Board of Trustees may impose reasonable restrictions, including, without limitation, restrictions as to the duration of such permit and as to the portions of the premises where the animal is to be harbored.
C. 
Upon the approval of the Board of Trustees, the Village Clerk shall issue a permit to the applicant, which shall clearly state the conditions, if any, imposed by the Board of Trustees upon such permit. The permit shall also state that it is subject to revocation as provided in this Article.
Notwithstanding any other provisions of this Article, prior to the commencement of any public hearing pursuant to this Article, the Board of Trustees may waive the requirement for a public hearing after review of any application for permit pursuant to this Article where the Board makes a determination that each of the criteria in § 67-16A have been met. In such instance, the Village Clerk shall issue the requested permit without conditions, except that such permit shall be subject to revocation by subsequent action of the Board of Trustees after public hearing held in accordance with the procedural provisions of § 67-15 of this Article, and after a determination by the Board of Trustees that the criteria set forth in § 67-16A have not been met.
In addition to any other procedure for revocation of permits as provided in this Article, the Board of Trustees may at any time and shall, upon written petition of at least 10 residents of the village, hold a public hearing on notice to a permit holder and under the same procedure as provided in § 67-15 hereof, to determine whether a permit shall be revoked. After conclusion of such hearing, the Board of Trustees may revoke such permit where the Board finds that the standards for permit approval are not or have not been or that the conditions of an approval have not been complied with, or impose new or additional conditions where the Board finds the same to be reasonable and appropriate.
A. 
In any case where no valid permit has been issued or is outstanding to harbor a wild or exotic animal, such animal may immediately be seized by a person or persons authorized by the Mayor or Board of Trustees or by any police officer. In such case, the person seizing such animal shall transport or deliver such animal or animals to an appropriate agency or facility equipped and authorized by law to possess such animal or animals, including a public or private zoo or society for the prevention of cruelty to animals.
B. 
Whenever any animal shall be seized pursuant to this section, such seizure shall be promptly reported to the owner or harborer of such animal by reasonable means if such owner or harborer can reasonably be ascertained and located.
C. 
Within a reasonable time after seizure of such animal and written request from the owner or harborer of such animal, the Mayor shall hold a public hearing to determine if the seizure was proper. Notice of such hearing shall be given by the village by publication. If the Mayor shall determine after public hearing that the seizure was proper, title to the animal shall be forfeit to, and shall vest in, the village, which may then dispose of the animal in such manner as may be determined by the Board of Trustees. If the Mayor shall determine after public hearing that the seizure was improper, the Mayor shall direct the return of such animal to the owner or harborer thereof.
All actions of the Mayor or the Board of Trustees pursuant to this Article shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules, which shall be the exclusive remedy of persons aggrieved by such action.
Each violation of this Article shall be punishable as provided by law for violations of the Code of the Village of Woodsburgh.