[Adopted 10-5-1967 by Ord. No. 5.6 of
the Revised Unified Code of Ordinances]
As used in this article, the following definitions
shall apply:
Off the premises of the owner and not under the control of
the owner either by leash, cord, chain or similar device not over
six feet in length.
Includes any person or group of persons living in the same
household as one family unit, or any firm, association or corporation,
owning, harboring, boarding or otherwise keeping or having at any
time in his or its or their custody a dog or other animal within the
Village.
A.
No owner shall keep, harbor, board or otherwise have
in his, her, its or their custody more than three adult dogs on any
premises within the residential or commercial districts in the Village.
B.
For the purpose of this section, any dog over the
age of six months shall be considered an adult dog.
No owner shall suffer or allow an animal to
run at large in the Village elsewhere than on the premises of the
owner or on the premises of another person with the knowledge and
consent of such other person. Any owner who fails to exercise due
care in preventing such animal from running loose or at large shall
be guilty of a violation of this article. The presence of any animal
which is running loose or at large shall be presumptive evidence that
the person who owns, possesses or harbors such animal suffers and
allows it to run loose or at large in violation of this article and
shall be presumptive evidence that such person has failed to exercise
due care in preventing such animal from running loose or at large
in violation of this article.
No person shall remove or cause to be removed
the muzzle from any dog or entice any dog for the purpose of taking
off its muzzle or entice any dog out of any enclosure or house of
the owner or release such dog to run at large.
If any dog shall bite any person, the owner
shall immediately, upon knowledge thereof, confine said dog and notify
the Village Police Department of the place where such dog is confined,
and shall not thereafter permit such dog to leave such confinement
until it has been examined by a duly licensed veterinarian and pronounced
by such veterinarian to be free from rabies.
Any owner of an animal shall care for, maintain
and handle said animal in a manner which shall be sanitary and which
shall prevent noises, barking, fighting, howling or whining at any
time which might disturb the peace, comfort and quiet of the neighborhood.[1]
[Amended 12-5-1968; 4-5-1982 by L.L. No. 3-1982]
Any animal found running at large within the
Village may be seized by any dog warden or peace officer and may be
confined and impounded in the public pound maintained by the Town
of Hempstead. Any such animal so impounded shall be confined for a
period of five days and may be redeemed by the owner thereof within
said period upon payment to the Village Clerk of a redemption fee
to be determined from time to time by resolution of the Board of Trustees,
together with any other fees or charges which may be due by reason
of the ownership thereof. Any animal not so redeemed within such period
of five days may be destroyed or offered for sale by the poundkeeper.
The provisions hereof are in addition to the
regulations and requirements of Article 7 of the Agriculture and Markets
Law of the State of New York and shall be deemed in addition to the
regulations and requirements therein contained pursuant to the authority
of § 125 of said Agriculture and Markets Law.
[Amended 12-2-2010 by L.L. No. 1-2010[1]]
A.
Licensing
requirement
(1)
The owner of any dog four months old or older, unless otherwise exempted,
is required to make periodic applications for dog licenses to the
Village Clerk. No person shall own, harbor or possess a dog within
the Village unless such dog is licensed pursuant to this section.
(2)
The owner of each dog required to be licensed must complete the dog license application in its entirety and return said application to the Village Clerk or authorized animal shelter, as provided in Subsection A(5) below, together with the license application fee, any applicable license surcharges, or additional fees as may be established by the Board of Trustees of the Village. The license application must be accompanied by:
(a)
Proof that the dog has been vaccinated against rabies, or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, as set forth in Subsection D(5), below;
(b)
Proof that the dog is spayed or neutered, if applicable;
(c)
A statement of the dog's sex, actual or approximate age,
breed, color, official identification number of the dog, other identifying
marks, if any, and the name, address, and telephone number of the
owner, and any other information deemed necessary by the Village Clerk.
(3)
Each license issued shall be valid for a period of one year or three
years. The term of the license shall not exceed the last day of the
eleventh month following the expiration date of the current rabies
certificate for the dog so licensed. Licenses are not transferable.
(4)
Fees.
(a)
The annual fee for each dog licensed shall be as set from time
to time by resolution of the Board of Trustees, provided that the
annual fee for unaltered dogs shall be at least $5 more than the fee
for spayed or neutered dogs, or as set forth in Article 7 of the New
York State Agriculture and Markets Law.
(b)
Applications for spayed or neutered dogs must be accompanied
by a certificate signed by a licensed veterinarian showing that the
dog has been spayed or neutered, unless the certificate is already
on file with the Village Clerk. In lieu of the spay or neuter certificate,
an owner may present a statement certified by a licensed veterinarian
stating that he or she has examined the dog and found that, because
of old age or other reason, the life of the dog would be endangered
by spaying or neutering. In such a case, the licensure fee for the
dog shall be the same as for a spayed or neutered dog.
(c)
In addition to the fee as set forth in Subsection A(4)(a) above, there shall be imposed an annual New York State surcharge of $1 for each spayed or neutered dog, or an annual surcharge of $3 for each unaltered dog, or such other amount as set forth in Article 7 of the Agriculture and Markets Law. The surcharge shall be paid to the agency designated pursuant to the Agriculture and Markets Law for animal population control efforts.
(d)
The license fee shall be waived for any service dog, to include
guide dogs, hearing dogs, war dogs, working search dogs, detection
dogs, police work dogs, or therapy dogs. Applications for licenses
for such dog shall conspicuously state the reason for the fee waiver.
The person owning, harboring or possessing such a dog bears the burden
of demonstrating to the satisfaction of the Village Clerk that the
dog is a service dog and is in fact exempt from the licensing fee.
(5)
Any animal shelter with which the Village contracts for the housing
of stray or lost dogs is also authorized to accept dog licensure applications
on behalf of the Village, to be forwarded to the Village Clerk immediately
on receipt.
B.
Identification
tags.
(1)
Any person owning, harboring or possessing a dog within the Village
shall place and keep on such dog a collar to which shall be securely
attached a valid identification tag issued by the Village for that
dog, in accordance with the requirements of this article.
(2)
The fact that a dog is without a tag shall be presumptive evidence
that such dog is unlicensed.
(3)
It is unlawful to knowingly affix a false or improper identification
tag to a dog.
(4)
A dog participating in a dog show shall be exempt from the identification requirement as set forth in Subsection B(1) during such participation.
(5)
In the event an identification tag is lost, a replacement tag may
be obtained for a fee of $5, or such fee as may be determined from
time to time by resolution of the Board of Trustees.
C.
License exemptions.
(1)
No license is required for any dog under the age of four months which
is not at large, or for any dog which is residing in a pound or shelter
maintained by or under contract by the Village of Garden City, the
Town of Hempstead, Nassau County or the State of New York, or a duly
incorporated society for the prevention of cruelty to animals, or
a duly incorporated humane society or duly incorporated dog protective
service.
(2)
No license is required for a dog which is confined to a public or
private hospital or licensed veterinarian practice devoted solely
to the treatment of sick animals, or confined for the purpose of research
by any college or other educational institution.
D.
Rabies vaccination required. Any person owning, harboring or possessing
a dog over the age of four months shall be required to have the dog
vaccinated to prevent the spread of rabies, except as set forth below:
(1)
A dog brought into the Village for not more than 15 days;
(2)
A dog in the custody of an incorporated society devoted to the care
of lost, stray or homeless animals;
(3)
A dog confined to a public or private hospital or licensed veterinarian
practice devoted to the treatment of sick animals;
(4)
A dog confined to educational or research institutions for the purpose
of research;
(5)
A dog whose health would be adversely affected by a rabies vaccination,
provided that proof of same is provided by a licensed veterinarian.
E.
Notification for change of ownership; lost dog; death of dog.
(1)
In the event of a change of ownership of any dog which has been licensed
pursuant to this chapter or change of address of the owner of record
of any dog, the owner of record shall, within 10 days of such change,
file with the Village Clerk a written notification of such change.
Such owner of record shall be liable for any violation of this chapter
until such filing is made or until the dog is licensed in the name
of the new owner.
(2)
If any dog which is licensed is lost or stolen, the owner of record
shall, within 10 days of discovery of such event, file with the Village
Clerk a written notice of the loss or theft. The owner of record shall
not be liable for any violation of this section committed after such
notification has been filed.
(3)
Upon the death of a licensed dog, the owner of record shall notify
the Village Clerk of the dog's death either before or upon receipt
of a renewal notice from the Village Clerk. No license refund will
be made to an owner prior to the expiration date of the license due
to the death of such dog.
F.
Violations. Any person violating any provision of § 55-9 of this Code shall be guilty of an offense and shall be liable to and shall forfeit and pay a penalty not exceeding a fine of not less than $25, except that, where the person was found to have violated this section or former provisions of this chapter within the preceding five years, the fine may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, said person shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both. Such offense may be prosecuted in the Village Justice Court.
[1]
Editor's Note: This local law also stated that it would take
effect 1-1-2011.
[Amended 3-18-1982 by L.L. No. 2-1982]
No chickens, ducks, poultry, rabbits, pigeons,
reptiles, rodents, livestock or other animals or fowl shall be maintained
in the Village, nor shall any person, firm or corporation maintain
on the premises owned, leased or controlled by him or it any chickens,
ducks, poultry, rabbits, pigeons, reptiles, rodents, livestock or
other animals or fowl. This section shall not be construed to apply
to dogs, cats or similar household pets or animals maintained by educational
institutions for scientific or educational purposes.
