CHAPTER 54

 

                       ANIMALS AND FOWL

 

                           ARTICLE I

 

                      GENERAL PROVISIONS

 

§ 54.1  Title

 

  This Chapter shall be known and may be cited as the "Animal and Fowl Law of the Incorporated Village of Mineola, New York."

 

§ 54.2  Statement of finding and purposes

 

  A.  This law is enacted pursuant to the authority conferred upon Villages by § 4‑412 of the Village Law and § 124 of the Agriculture and Markets Law of the State of New York and intends to set forth, define and enforce the responsibility of owners of animals and fowl within the corporate limits of the Incorporated Village of Mineola.

  B.  The purpose of this Chapter is to preserve the public peace and good order in the Incorporated Village of Mineola, and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said Village by declaring and enforcing certain regulations and restrictions on activities of animals and fowl within the Village.

 

§ 54.3  Keeping of dangerous animals, fowl, reptiles and insects

 

  No person shall harbor or keep any poisonous or dangerous reptile or insect or any dangerous or vicious animal or fowl, wild or domestic, without the written permission of the Board of Trustees.

 

§ 54.4  Animals and fowl at large

 

  No person shall allow any animal, fowl, or reptile to run at large or graze upon any public highway, public place or private property of another person without his or her permission except cats; and dogs subject to the provisions of Article II of this Chapter.

 

§ 54.5  Diseased and disabled animals

 

  No diseased or disabled animals shall be abandoned or left upon the highway or any public place.

 

 

§ 54.6                            MUNICIPAL CODE

 

§ 54.6  Dead animals

 

  The owner of an animal which dies or is killed, except those slaughtered for food, shall bury or cause it to be buried or incinerated within twenty‑four (24) hours after its death or after notification of its death. All animals shall be buried at least three (3) feet underground.

 

§ 54.7  Keeping of animals; approval; conditions

 

  A.  No yard or pen for the keeping of chickens, ducks, rabbits, pigeons, reptiles, rodents or other animals or fowl shall be built or maintained in the Village of Mineola by any person without the approval of the Board of Trustees, nor shall any person maintain on premises owned, leased or controlled by him or her, any chickens, ducks, rabbits, pigeons, reptiles, rodents or other animals or fowl without the approval of the Board of Trustees and shall keep and maintain the premises in a clean and sanitary manner.

 

  B.  This section shall not be construed to grant any exception to any provisions of the Zoning Law.

 

 

 

 

References:

 

  Animals, abandoned. Ag & Mkts L Art. 23-B, § 335.

  Animals, cruelty to. Ag & Mkts L Art. 26.

       municipality may not enact regulations pertaining to. 1977 Op Atty Gen Aug 2.

  Clinics for neutering cats and dogs. Ag & Mkts L § 119-a.

  Rabies vaccination. Ag & Mkts L § 109.

  Stray or unwanted dogs, disposition of. Gen Mun L § 88.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                       ANIMALS AND FOWL                 § 54.22

 

                          ARTICLE II

 

                             DOGS

 

§ 54.21  Definitions

 

  A.  As used in this Article, unless otherwise expressly stated or unless the content or subject matter otherwise requires:

 

  1.  "At large" means any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is: (a) a guide dog actually leading a blind person; (b) a police work dog in use for police work.

 

  2.  "Dog" means any member of the species Canis familiaris.

 

  3.  "Dog Control Officer" means any individual appointed or authorized by the Village to assist in the enforcement of this Article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village to assist in the enforcement of this Article.

 

  4.  "Owner" means any person who harbors or keeps any dog.

 

  5.  "Owner's premises" means any premises owned, occupied or under the control of the dog owner but shall exclude any portion which is part of a public street, sidewalk or public place.

 

  B.  All other words and phrases used in this Article shall for the purpose of this Article have the meanings respectively ascribed to them by Section 108 of the Agriculture and Markets Law.

 

§ 54.22  Dogs at large prohibited

 

  A.  No person who owns, possesses or harbors a dog (male or female) shall permit, allow, suffer or tolerate such dog, whether or not tagged or licensed to run loose or at large in the Incorporated Village of Mineola on any street, sidewalk, park or public place or on any private property without the consent of the owner or person in possession of said private property. No such dog shall be permitted at any time to be on such street, sidewalk, park or public place or private property in said Village unless it is

 

§ 54.22                  MUNICIPAL CODE

 

effectively restrained in the immediate custody of the owner or custodian of the dog by a chain or leash not exceeding six (6) feet in length. It shall be presumed that the presence of a dog on private property of a person, other than the dog's owner or possessor, is so present without the consent of the owner or person in possession of such private property.

 

  B.  Any person owning, possessing or harboring a dog, whether or not tagged or licensed, who shall fail to exercise due care in preventing such dog from running loose and at large shall be guilty of a violation of this Chapter. The presence of any dog which is loose or at large shall be presumptive evidence that the person who owns, possesses or harbors such dog suffers or tolerates it to be loose and at large in violation of this Chapter and shall be presumptive evidence that the person has failed to exercise due care in preventing such dog from running loose and at large in violation of this Chapter.

 

§ 54.23  Noisy dogs

 

  No person shall have or keep or permit to be kept, on any premises owned or occupied in whole or in part by him or her within the Incorporated Village of Mineola, any dog or other animal which by its howling, barking or whining shall disturb the neighborhood.

 

§ 54.24  Curbing of dogs

 

  A.  No person owning, harboring, keeping or in charge of any dog  shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate, walk or any public property whatsoever, or on any private property whatsoever without the permission of the owner of said property.

 

  B.  The restrictions of this Section 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:

 

  1.  Any person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method.

 

  2.  The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, or keeping in charge of any dog curbed in accordance


                      ANIMALS AND FOWL                    § 54.27

 

with the provisions of this Section.

 

  C.  The provisions of this subsection shall not apply to a guide dog actually leading a blind person. [Subd. C added LL #4, 95, 5/3/95.]

 

§ 54.25  Dog control officer

 

  A.  A Dog Control Officer may be appointed* or designated by the Village to enforce this Article who shall have all the powers and duties contained in Section 114 of thq Agriculture and Markets Law.

 

  B.  The Dog Control Officer shall have all of the powers provided in § 114 of the Agriculture and Markets Law.

 

  C.  The Dog Control Officer shall keep a record and description of each animal seized including the date and manner of its disposition or redemption and the name and address of the person by whom redeemed and any other information required by the Agriculture and Markets Law or deemed necessary by the Board of Trustees of the Incorporated Village of Mineola.

 

  D.  No person shall hinder, resist or oppose the Dog Control Officer, any peace officer, agent or employee or representative of the Incorporated Village of Mineola in the performance of his or her duties under this Article.

 

§ 54.26  Seizure and impounding dogs

 

  Any dog running at large within the Village or which is not licensed or not identified and which is not on the owner's premises may be seized, impounded and disposed of pursuant to § 118 of the Agriculture and Markets Law.

 

  In addition to the fees prescribed in § 118(4) of the Agriculture and Markets Law, the owner shall pay the actual cost of harboring such dog, per day or part thereof, after seizure and impounding, that such dog is held in custody.

 

§ 54.27  Disposition of impounded dogs

 

  If a dog is not redeemed as provided in § 118 of the Agriculture

 

*The Mayor is the appointing authority subject to approval by the Board of Trustees.  Vil L §      4-400(1)[c].

Supp. #1, 8/1/96

§ 54.27                  MUNICIPAL CODE

 

and Markets Law, a dog may be made available for adoption provided that the new owner shall pay the impounding fee and the actual cost of harboring such dog.

 

  A dog may also be disposed of pursuant to § 88 of the General Municipal Law without the payment of any fees or costs.

 

§ 54.28  Appearance tickets

 

  The Dog Control Officer and any other peace officer authorized  by the Village to assist in the enforcement of this Article and Article 7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, pursuant to the Criminal Procedure Law or in lieu thereof, a uniform appearance ticket as provided in Section 114 of Article 7 of the Agriculture and Markets Law.

 

                          ARTICLE III

 

                           PENALTIES

 

§ 54.50  Penalties

 

  Any person violating any provision of this Chapter shall be punished as provided in § 1.10 of this Municipal Code.

 

References:

  Appearance tickets. Ag & Mkts L §§ 114(4), 124.

  Authority of municipality to impose additional restrictions. Ag & Mkts L § 124.

  Change of ownership. Ag & Mkts L § 113.

  Cruelty to animals. Ag & Mkts L § 353.

  Dangerous dogs. Ag & Mkts L § 121; Mtr of Brooks v Hemingway, 107 Misc2d 190; 433 NY2d 551.

  Disposition of strays or unwanted dogs. Gen Mun L § 88.

  Dog control officers. Ag & Mkts L § 114.

  Escape, isolated. People v Simmons, 106 Misc2d 446.

  Fines, disposition of. Ag & Mkts L § 120.

  Funds expended for services. Ag & Mkts L § 116.

  Identification of dogs. Ag & Mkts L § 112.

  Indemnification for dog damage. Ag & Mkts L § 125.

  Isolated escape of dog from reasonable restraints not a violation of leash law. People v Simmons,    106 Misc2d 446.

  License fees. Ag & Mkts L §§ 110, 111.

      disposition of. Ag & Mkts L § 113.

  Licensing of dogs. Ag & Mkts L § 109.

  Lost or stolen dog. Ag & Mkts L § 113.

  Municipality; expenditure of funds. Ag & Mkts L § 116.

  Night quarantine. Ag & Mkts L § 123.

  Pounds and shelters. Ag & Mkts L § 115.

  Protection of deer. Ag & Mkts L § 122.

  Running at large; defense that others are permitted, insufficient. Mtr of Brooks v Hemingway, 107   Misc2d 190.

  Seizure and redemption of dogs. Ag & Mkts L § 118.

  Spaying and neutering facilities. Ag & Mkts L § 117.

   Violations. Ag & Mkts L § 119; disposition of fines. Ag & Mkts L § 128.

Supp. #1, 8/1/96