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East Rockaway: No kennels, or you'll be fined

New amendment to local dog law for residents with five or more canines

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The Village of East Rockaway has passed a new amendment to a local law that would make it a “presumption” that anyone with five or more dogs is running a kennel — a violation in a residential zone. The burden of proof would then be on the resident to prove that they are not, in fact, running a kennel ( Local Law No. 8, 2012, amends sections 118-9 and 118-12 of the code of the Village of East Rockaway relating to dogs.

According to Village Attorney John Ryan, the local law creates a presumption that anyone engaged in the activities described is causing an unreasonable disturbance. “If the person is operating a kennel as a business in a residential zone, they are violating other provisions of the code,” he said. “A person can have five or more dogs provided they establish that they are their pets and not for a business purpose. Nevertheless and regardless of the number, dogs that create excessive noise, etc., could be found in violation of the code.”

Dog owner Morgan Avila said that she understands what the board is trying to do, but asked the board where the number five came from, and why cats were not included in the new amendment.

“Most villages in Nassau County limit in to two,” said Ryan. “We are trying to recognize that people in this community have more.”

Right now, the issues is dogs,” said Trustee Stanley Lombardo, in answer to Avila’s cat query. “Down the road, we can take another look at it … but this would only be upon complaint.”

If found in violation, the dog owner can be fined $250 a day for five or more dogs on the premises. Each day shall be deemed a separate violation.

“I think it’s a step forward that the administration is making an attempt to rectify this,” said Helene Sloan, a resident of Scranton Avenue. “Now there is some restriction. The big thing is, though, that they need to follow up.” Sloan has been outspoken at many village meetings through the years regarding a canine situation near her home.