It is the determination of the Village Board that the ownership, possession
and harboring of certain animals within the village has the potential of causing
physical harm to persons and damage to property and of creating nuisances.
It is the intent of the Village Board in the enactment of this article to
protect the health, safety and well-being of persons and property by prohibiting
certain acts and imposing restrictions upon persons owning, possessing or
harboring such animals within the village.
[Amended 5-7-1981 by L.L. No. 6-1981]
A.
The keeping, maintaining or harboring within the village
of chickens, ducks, geese, turkeys or other fowl, pigs, swine, goats, sheep,
horses, mules, donkeys, cows or other cattle, rabbits, hares, mink and other
fur-bearing animals customarily kept or raised for their pelts of fur, alligators,
any poisonous or dangerous reptile, insect or arachnid or any vicious or dangerous
animal, including but not limited to pit bulls, bird or fowl, wild or domestic,
is hereby declared to be a nuisance. It shall be unlawful to keep, maintain
or harbor any such animal, fowl, bird, reptile, insect or arachnid within
the village, and it shall be unlawful for the owner, occupant, lessor or lessee
of any land within the village to permit or allow any land owned, occupied,
leased or controlled by such person to be used for the keeping, maintaining
or harboring of any such animal, fowl, bird, reptile, insect or arachnid.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
It shall be unlawful for any person or persons owning,
harboring or controlling pigeons within the village to suffer or allow the
same to go at large within said limits, except the Antwerp Messenger or Homing
Pigeon, commonly called "carrier pigeon," having the name of its owner stamped
upon its wing or tail or bearing upon its leg a band or ring with the name
or initials of the owner or an identification or registration number stamped
thereon when being permitted to fly for necessary exercise and training and
under restraint and the control of its owner.
A.
No person who owns, harbors or has custody of any animal,
which term shall include any bird or reptile but not a dog, shall cause, suffer
or permit that animal to be, run, fly, crawl or otherwise move about anywhere
within the village limits, except as follows:
(1)
Upon or above the property of such person.
(2)
Upon or above other private property with the knowledge
and consent of the owner of said property.
(3)
Upon a public thoroughfare, including sidewalks, when
such animal is restrained by a chain, leash, halter or other effective restraining
device not more than eight feet in length, is being ridden by a human being
or is harnessed to a cart, buggy, dray or other vehicle occupied by a person
controlling the harnessed animal by means of reins or other guiding and restraining
device customarily used in such circumstances with the species of animal involved.
(4)
While such animal is enclosed in a crate or cage which
prevents its egress.
B.
No person shall ride any animal propelling a vehicle
upon any sidewalk or upon any public way reserved for pedestrians.
C.
No person who owns, harbors or has custody of any animal
weighing more than 200 pounds shall cause, suffer or permit that animal to
be within the village upon any sidewalk or upon any public way reserved for
pedestrians.
D.
No person shall place birdseed, bread, feed or other
substance which shall cause or with intent to cause pigeons or birds to feed
thereon anywhere within the village limits, except as follows:
[Added 7-18-1996 by L.L. No. 5-1996]
Any animal, which term shall include any bird or reptile but not a dog,
found within the village limits in violation of this chapter or in violation
of the Agriculture and Markets Law may be seized by any Animal Warden, any
peace officer or any agent or officer of any duly incorporated society for
the prevention of cruelty to animals and may be confined or impounded in the
public pound or animal shelter maintained by the Town of North Hempstead.
Any such animal so impounded shall be confined for a period of five days and
may be redeemed by the owner thereof by paying to the Director of the animal
shelter a redemption fee of $10 as the cost of the seizure, plus a fee of
$3 for each day or part thereof that such animal is confined to the animal
shelter, together with any expenses incurred by the Town of North Hempstead
or the village for necessary professional veterinary services rendered in
the treatment of such animal. If not so redeemed, the owner of such animal
shall forfeit all title to the animal, and the animal shall be offered for
adoption or destroyed and the carcass of such animal disposed of, in a safe
and sanitary manner, by the Director of the animal shelter. The redemption
fees herein provided shall be in addition to any fines or penalties prescribed
by law.
