[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Plandome as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-17-1982 by L.L. No. 2-1982]
The Board of Trustees of the Village 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. It is the intent of the Board
of Trustees in the enactment of this Article to protect the health,
safety and well-being of its persons and property by imposing restrictions
on persons owning or possessing dogs in the Village.
Unless otherwise expressly provided, for the
purpose of this Article, the following words shall have the meanings
herein indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this Article and as amended
thereafter.
The person appointed by the Town Board of the Town of North
Hempstead to act as administrative officer of the Town of North Hempstead
Animal Shelter.
Male and female members of the species Canis familiaris.
An individual appointed by the Town Board of the Town of
North Hempstead and/or the Board of Trustees of the Village to assist
in the enforcement of this Article.
To provide food or shelter to any dog.
The owner of record or any person who harbors any dog. If
the owner of a dog shall be under the age of eighteen (18) years,
the parent or guardian of such person shall be deemed the "owner."
[1]Any individual, corporation, partnership or association.
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, places of amusement, parks and playgrounds
in the Village.
[2]No person shall own or possess a dog within
the Village unless such dog is licensed and identified as provided
in Article 7 of the Agriculture and Markets Law. The fact that a dog
is without a tag attached to the collar, as provided in Article 7
of the Agriculture and Markets Law, shall be presumptive evidence
that such dog is unlicensed. There shall be no fee for such license
for any guide dog, hearing dog, service dog, war dog or police work
dog.
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 (6) feet in length. A person
owning or possessing a dog which is not so restrained shall be guilty
of a violation of this Article. It shall be presumed that the presence
of a dog on 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.
Except in compliance with this section, it shall be
unlawful for a dog to defecate, urinate or commit a nuisance on public
property 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.
The owner or possessor of any dog shall immediately
remove all feces deposited by said dog by placing such feces in a
suitable container which shall be sealed and deposited in the covered
garbage receptacle of the owner or possessor.
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 in such person 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 owing 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 found on public property or on private property without the consent of the owner or person in possession of such private property, which is not effectively restrained by a chain or leash as provided in § 55-4 of this Article, or any dog unidentified or unlicensed as provided in Article 7 of the Agriculture and Markets Law shall be seized by any duly appointed officer, agent or designee of the Village, including the Dog Control Officer appointed by the Town Board of the Town of North Hempstead, and thereafter confined in the Town of North Hempstead Animal Shelter until disposition is made pursuant to § 55-9 of this Article provided such dog was seized by the Dog Control Officer appointed by the Town Board of the Town of North Hempstead. Any such dog that cannot be safely seized may be destroyed by any duly appointed Dog Control Officer, peace officer or officer, agent or designee of the Village. The Village may provide separate detention facilities for dogs seized by officers, agents or designees of the Village who are not the Dog Control Officer of the Town of North Hempstead.
The owner or authorized agent of the owner of any dog seized pursuant to § 55-8 of this Article and confined to the Town of North Hempstead Animal Shelter may redeem such dog within twelve (12) days of seizure by paying to the Director of the Town of North Hempstead Animal Shelter the fees prescribed by the Town of North Hempstead. The Village may make provision for other detention facilities for dogs not seized by the Dog Control Officer of the Town of North Hempstead. Redemption fees in such cases shall be those expenses incurred by the Village for seizure and confinement. If not so redeemed, the owner of such dog shall forfeit all title to the dog, and the dog shall be offered for adoption or destroyed by the Director of the Town of North Hempstead Animal Shelter. The carcass of any such dog destroyed shall be disposed of by the Director of the Animal Shelter in a safe and sanitary manner.
The owner or authorized agent of the owner of
a dog licensed by the Town of North Hempstead may voluntarily surrender
such dog to the Town of North Hempstead Animal Shelter upon payment
of a surrender fee as prescribed by the Town of North Hempstead. Upon
surrender, the owner shall forfeit all title to such dog, and such
dog may be offered for adoption or destroyed by the Director of the
Animal Shelter. The carcass of any dog so destroyed shall be disposed
of by the Director of the Animal Shelter in a safe and sanitary manner.
Any dog offered for adoption pursuant to §§ 55-9 and 55-10 of this Article may be adopted upon payment of the fee prescribed by the Town of North Hempstead together with the applicable license fee. No representation or warranty will be made by the Village or town as to the health condition of any dog offered for adoption. Except when made by a incorporated society dedicated to the care of lost, stray or homeless animals, adoption will be made upon the condition that such dog shall not be used for experiments or for commercial resale or disposal of any sort.
A.
The Dog Control Officer, peace officer, agent or designee
of the Village observing a violation of any section of this Article
may issue and serve an appearance ticket for such violation. The appearance
ticket shall be in the form prescribed and in accordance with the
provisions of the Agriculture and Markets Law and the Criminal Procedure
Law.
[Amended 7-9-1996 by L.L. No. 1-1996]
B.
Any person observing a violation of any section of
this Article may personally appear at the Village office and report
such violation. Said person may also sign and swear to the appropriate
accusatory instrument as required by law and thereby commence prosecution
of the alleged violator.
[Amended 12-13-2021 by L.L. No. 1-2021]
Unless otherwise provided by Article 7 of the New York State
Agriculture and Markets Law, any person, firm or corporation who or
which shall violate any of the provisions of this chapter shall, upon
conviction, be punished as follows:
A.
For a first offense, by a fine of not more than $1,000 or imprisonment
for not more than 15 days, or both;
B.
For a second offense, by a fine of not more than $2,000 or imprisonment
for not more than 15 days, or both; and
C.
For a third or subsequent offense within five years by a fine of
not more than $5,000 or imprisonment for not more than 15 days, or
both.
[Amended 7-9-1996 by L.L. No. 1-1996]
Fees set forth in this Article may be amended
by resolution from time to time by the Board of Trustees of the Village.
