[Adopted 2-11-1980 by L.L.
No. 2-1980]
A.Â
The Board of Trustees of the Village of Lawrence has
determined that the running at large and other uncontrollable behavior of
dogs have caused physical harm to persons and damage to property and have
created nuisances within the Village.
B.Â
It is the intent of the Board of Trustees, in the enactment
of this article, to protect the health, safety and well-being of persons and
property of all citizens by imposing restrictions on persons owning or possessing
dogs within the Village.
Unless otherwise expressly provided for the purpose of this article,
the following words shall have the meanings herein indicated:
Male and female members of the species canis familiaris.
To provide food or shelter to any dog.
The owner of record, or any person who harbors or has the custody
or control of 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."
The person in whose name a dog was last licensed pursuant to Article
7 of the Agriculture and Markets Law.
A person having custody or control of any dog.
A place to which the public or a substantial group of persons has
access, and includes but is not limited to sidewalks, streets, transportation
facilities, schools, places of amusement, parks and playgrounds.
A.Â
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 article.
B.Â
It shall be presumed that the presence of a dog on the
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.
A.Â
It shall be unlawful for a dog to defecate, urinate or commit a nuisance on public property, except that portion of a public street lying between the curblines in accordance with the requirements of Subsection B or on private property without the consent of the owner or person in possession of such private property. A person owning or possessing a dog which defecates, urinates or commits any nuisance, as prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this section. It shall be presumed that a dog defecating, urinating or committing a nuisance on private property of a person other than the dog's owner or possessor does so without the consent of the owner or person in possession of such private property.
B.Â
The owner or possessor of any dog shall immediately remove
all feces deposited by said dog by placing such feces in a plastic bag which
shall be sealed and deposited in a covered garbage receptacle.
It shall be unlawful for a dog to chase, jump upon or at or otherwise
harass any person in such a manner as to reasonably cause intimidation or
fear or to put such person in reasonable apprehension of bodily harm or injury.
A person owning or possessing a dog committing an act prohibited herein, with
or without the knowledge, consent or fault of such person, shall be guilty
of a violation of this section.
It shall be unlawful for a dog to engage in habitual or frequent loud
howling, barking, crying or whining so as to unreasonably disturb the comfort
or repose of any person in the immediate vicinity. The person owning or possessing
a dog committing an act prohibited herein, with or without the knowledge,
consent or fault of such person, shall be guilty of a violation of this section.
Any dog, whether or not tagged or licensed, running loose or at large
in the Village of Lawrence or found off the premises of the owner or harborer
thereof and not so restrained may be seized by any duly appointed dog warden,
peace officer or duly authorized officer or representative of the Village
and confined and impounded in a pound or shelter maintained by the Village
or by the Town of Hempstead or maintained by any other person, corporation
or association pursuant to agreement with the Village. Any dog so found loose
or at large or not under effective restraint as aforesaid that cannot be safely
seized may be destroyed by such dog warden, peace officer or duly authorized
officer or representative of the Village.
[Amended 4-13-1988 by L.L.
No. 5-1988]
The owner of a dog so seized may redeem the dog within 12 days if bearing
a license tag, or within seven days if not bearing a license tag, by paying
to the Village Administrator the sum of $25 as the cost of seizure. If not
so redeemed, the owner shall forfeit all title to the dog, and the dog shall
be sold or destroyed in the manner provided by the Agriculture and Markets
Law of the State of New York.
[Added 12-10-1997 by L.L.
No. 5-1997]
It shall be illegal and unlawful for a person possessing or harboring
a dog to permit or allow said dog on any public property as posted.
Any person who observes a dog in violation of any section of this article
may file a signed complaint, under oath, with a Justice of the Village of
Lawrence, specifying the violation, the date of violation and the damage caused
and including the place(s) where the violation occurred and the name and address
of the dog's owner, if known.
The Village Justice of the Village of Lawrence shall have jurisdiction
to hear all signed complaints filed, all actions and proceedings hereunder
and all prosecutions for the violation of this article. Upon receipt by the
Village Justice of any complaint against the conduct of any particular dog,
the Village Justice shall summon the alleged owner or other person harboring
said dog to appear in person before him. If the summons is disregarded, the
Village Justice may issue a warrant for the arrest of such person.
A.Â
Any person convicted of a violation of any provision
of this article shall be guilty of an offense and shall be punished by a fine
of up to a maximum of $1,000. Each separate offense shall constitute a separate
additional violation.
[Amended 9-11-2002 by L.L.
No. 5-2002]
B.Â
The provisions hereof are in addition to the regulations,
restrictions, requirements and penalties contained in Article 7 of the Agriculture
and Markets Law.
