Clerk A local law to adopt new Lake Success Code Chapter 34 entitled “Animals.î BE IT ENACTED by the Board of Trustees of the Village of Lake Success as follows: Section One. Lake Success Code Chapter 34 entitled “Animals,î Article II entitled ìDogsî section 34-11 entitled ìPenalties for offensesî is hereby amended to read as follows: 34-11. Penalties for offenses. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable: A) For conviction of a first offense, by a fine of not less than $500 and not more than $750 or by imprisonment not exceeding 15 days, or by both. B) For conviction of the second of two offenses, by a fine of not less than $750 and not more than $1,000 or by imprisonment not exceeding 15 days, or by both. C) For conviction of a third or subsequent offense, by a fine of not less than $1,000 and not more than $1,500 or by imprisonment not exceeding 15 days, or by both. Section Two. Lake Success Code Chapter 34 entitled “Animals,î Article II entitled ìDogsî is hereby amended by the addition of a new section 12 entitled ìDogs to be restrainedî to read as follows: 34-12. Dogs to be restrained. A) It shall be unlawful for a dog to be on public property or on private property without the consent of the owner or person in possession of such private property unless the dog is effectively restrained in the immediate custody and control of its owner or possessor by a chain or leash not exceeding six feet in length. A person owning or possessing a dog which is not so restrained, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this chapter. 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 without the consent of the owner or person in possession of such private property. B) It shall be unlawful for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that: 1) Restricts such dog’s access to suitable food, fresh, potable water and dry ground: 2) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by 353-b of the New York State Agriculture and Markets Law; 3) Unreasonably limits the movement of such dog because the restraint is too short for the dog to move around or for the dog to urinate or defecate in an area separate from the area where the dog must eat, drink or lie down. C. Notwithstanding the provisions of Subsection B of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that: 1) Is a choke collar, pinch collar, prong collar or a similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog and which may cause choking or causes substantial discomfort to the dog; 2) Is embedded, partially embedded or may become embedded in the dog’s skin; 3) Has weights attached or contains links that are more than 1/4 inch thick; 4) Weighs more than 12.5% of the dog’s total body weight, not to exceed 15 pounds for any dog; 5) Is less than 15 feet in length, except that the device may be in a shorter length if the length of 15 feet may allow activity prohibited by ß34-12(C)(7) below; 6) Because of its design or placement is likely to become entangled 7) Is long enough to allow such dog to move outside of its owner’s property; 8) Would allow the restrained dog to move over an object, including any fencing, barrier, or edge that could result in the strangulation of or injury to such dog; or 9) Is fixed (i.e., does not swivel) on either end. D) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors for more than one continuous hour in any continuous twelve-hour period between the hours of 6:00 a.m. and 11:00 p.m. E) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors between the hours of 11:00 p.m. and 6:00 a.m. F) Multiple dogs shall not be tethered or restrained in such a manner that they are able to come into contact with one another at any point in time while restrained. G) No person shall tether, leash, fasten, secure, restrain, chain, tie, pen or otherwise confine outdoors a dog for more than a period of 30 minutes when: 1) The temperature is below 35∞ F.; 2) The temperature is above 85∞ F.; 3) The National Weather Service has issued a heat or wind chill advisory, watch or warning; or 4) Conditions are not appropriate due to the breed, physical condition and climate, as established pursuant to New York State Agricultural and Markets Law 353b. H) The provisions of this section shall not apply to any federal, state or local law enforcement agency. I) Notwithstanding the provisions of this section, no person shall allow a tethered, leashed, fastened, chained, tied, secured or restrained dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise harmed by humans or other animals. J) The provisions of this section shall not be construed to prohibit the Animal Warden, the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer or peace officer from enforcing any other law, rule or regulation regarding the humane treatment of animals. K) Nothing in this section shall be construed to affect any other protections afforded to animals under any provision of law, including, but not limited to, the requirement of adequate shelter pursuant to ß 353-b of the New York State Agriculture and Markets Law. Section Three. This local law shall take effect immediately upon filing
