[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Noise by animals — See Ch. 144.
[Adopted 11-27-1978 by L.L. No. 15-1978]
The Clerk of the Incorporated Village of Bellerose
is designated as the official licensing officer of the Incorporated
Village of Bellerose for dogs and shall issue licenses with reference
to dogs, pursuant to the authority granted by the Agriculture and
Markets Law of the State of New York.
[Added 12-27-2010 by L.L. No. 2-2011]
The licensing officer shall maintain an official log, indentifying
each licensed dog, its owner, address, and designate an identification
number for each dog. The owner shall obtain a suitable dog tag with
the identification number affixed or inscribed thereon, which shall
be worn by the dog at all times when outside the home.
[Amended 12-9-1996 by L.L. No. 3-1996]
A.
The Village
Clerk shall receive from each applicant for the licensing of a spayed
or neutered dog, of either sex, in the amount established by the Board
of Trustees by duly adopted resolution. The Village Clerk shall receive
for the licensing of each unspayed or unneutered dog, of either sex,
a fee in the amount established by the Board of Trustees by duly adopted
resolution.
B.
Dog owners
applying for a license must show proof that the dog has been vaccinated
to prevent rabies or provide a statement from a veterinarian that
the dog's life would be endangered by that vaccination, thereby permitting
the dog not to be vaccinated. Each license shall be valid for a period
of one year. The licensing officer shall be notified of a change of
dog ownership or that a dog has been lost, has been stolen or has
died.
[Added 12-27-2010 by L.L. No. 2-2011]
The moneys retained by the Incorporated Village
of Bellerose with reference to the issuance of dog licenses shall
be used for dog programs, including the enforcement of local dog control
laws.
It shall be a violation of this article to maintain
within the Incorporated Village of Bellerose any dog which shall not
be licensed by the Village Clerk, and it shall be a violation of this
article to bring any dog within the confines of the Incorporated Village
of Bellerose unless such dog shall be so licensed by the Village Clerk
or shall be the holder of a license issued by a licensing officer
elsewhere within the State of New York at the residence of the principal
owner of the dog. Each day on which such unlicensed dog shall be maintained
within the Incorporated Village of Bellerose or shall be brought within
the confines of the Incorporated Village of Bellerose shall constitute
a separate violation of this article, and each such violation shall
be punished by a fine of not less than $10 and not more than $50.
Any dog found within the confines of the Incorporated
Village of Bellerose without a tag indicating its being licensed shall
be presumed to be an unlicensed dog.
[Adopted 4-20-1979 by L.L. No. 1-1979]
No person who owns, possesses or harbors a dog
or a cat shall permit, allow, suffer or tolerate such dog or cat to
run loose or at large in any street, sidewalk, park or public place
unless effectively restrained, in the immediate custody of the owner
or custodian of the dog or cat, by a chain or leash not exceeding
six feet in length.
Any person owning, possessing or harboring a
dog or cat who shall fail to exercise due care in preventing such
dog or cat from so running loose and at large shall be guilty of a
violation of this article. The presence of any dog or cat which is
loose and at large shall be presumptive evidence that the person who
owns, possesses or harbors such dog or cat suffers or tolerates it
to be loose and at large in violation of this article, and it shall
be presumptive evidence that such person has failed to exercise due
care in preventing such dog or cat from running loose and at large
in violation of this article.
[Added 12-27-2010 by L.L. No. 2-2011]
The Board of Trustees may, in lieu of the above provisions,
contract with a municipality to provide for licensing services or
with a municipality, incorporated humane society or dog protective
organization to provide for a dog control officer and shelter services.
Any dog or cat found at large in any street,
sidewalk, park or public place and not under effective restraint by
a chain or leash as aforesaid 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 maintained by
the Town of Hempstead or a society for the prevention of cruelty to
animals, pursuant to an agreement between the Village and such town
or society.
[Amended 12-9-1996 by L.L. No. 3-1996]
Any dog or cat so impounded shall be confined
for a period of five days and may be redeemed by the owner or harborer
within said period upon payment to the Village Clerk or other designated
representative of the Village of a fee in the amount established by
the Board of Trustees by duly adopted resolution and upon payment
of any other charge or fee which may be due for board of maintenance
of the dog or cat for the period of detention. Any dog or cat so impounded
and not redeemed within five days after such impounding shall be destroyed
or offered for sale or sold by the keeper of such pound. The net proceeds
of any such sale shall be retained by the operator of such pound.
No person owning, harboring or having immediate
custody of a dog or cat shall knowingly or carelessly permit such
dog or cat to urinate, defecate or commit any other nuisance upon
any sidewalk of any street or upon the areas between the curbline
and the sidewalk or in any public park, tennis court area, square,
mall or center divider of any street or upon the floor of any store,
railroad station or other building or place which is used in common
by the public; nor shall any person owning, harboring or having immediate
custody of a dog or cat knowingly or carelessly permit such dog or
cat to urinate, defecate or commit any other nuisance upon the private
property of another person without the consent of such other person,
given in advance thereof; nor shall any such person omit to do any
reasonable and proper act or take any reasonable and proper precaution
to prevent any such dog or cat from committing such a nuisance in,
on or upon any of the places or premises herein specified.
The restrictions contained in § 88-10 of this article shall not apply to that portion of the street line between the curblines under the following conditions:
A.
The person who shall so curb such dog or cat shall
immediately remove all feces deposited by such dog or cat by any sanitary
method approved by the Board of Trustees.
B.
The feces removed from the aforesaid designated area
shall be disposed of by the person owning, harboring or having immediate
custody of any dog or cat curbed in accordance with the provisions
of this article in a sanitary manner approved by the Board of Trustees.
Any person violating this article shall be subject
to a fine of not less than $25 and not more than $50 for each offense.
Each day a violation continues shall constitute a separate offense.
Such fine shall be in addition to any redemption fee. Any violation
of this article shall constitute disorderly conduct, and any person
violating this article shall become and hereby is declared to be a
disorderly person.
