[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett
Harbor: Art. I, 4-12-1962 as Ord. No. 77;
Art. II, 12-13-1990 as L.L. No. 3-1990,
amended in its entirety 3-18-1993 by L.L. No. 2-1993.
Section 36-4 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
[Adopted 4-12-1962 as Ord. No. 77]
[Amended 10-13-1966 by Ord. No. 89]
No person who owns, possesses or harbors a dog (male or female) shall
permit or allow such dog, whether or not tagged or licensed, to run loose
or at large while off the premises of the owner or harborer thereof. Every
dog within the Village of Hewlett Harbor, whether or not tagged or licensed,
shall be restrained by a leash not exceeding six feet in length, while off
the premises of the owner or harborer thereof.
[Amended 10-13-1966 by Ord. No. 89]
The registered owner of a licensed dog, and the owner of an unlicensed dog, shall have the duty of taking such precautions as may be required to carry out the provisions of § 36-1 of this Article. Proof that a dog has run loose or at large or unleashed on more than one occasion shall be presumptive evidence that such owner has permitted or allowed such dog to run loose or at large or unleashed within the meaning of § 36-1 of this Article.
Any dog, whether or not tagged or licensed, running loose or at large
in the Village of Hewlett Harbor, 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 7-11-1985 by L.L. No. 3-1985]
A.Â
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 Clerk the sum indicated in Chapter A149, Fees,
of this Code as the cost of seizure and the additional sum indicated in Chapter
A149, Fees, for each day or part of day that the dog has been held in such
pound or shelter.
B.Â
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 10-13-1966 by Ord. No. 89]
Any Dog Warden, Deputy Dog Warden or peace officer duly authorized to
act as such within the Town of Hempstead is hereby authorized to issue summonses
and to present informations for the appearance of violators of this Article
before any court of competent jurisdiction.
[Added 9-10-1981 by L.L. No. 1-1981]
No person owning, harboring, possessing or in charge of any dog shall
cause, suffer, permit or allow such dog to defecate on any public street,
which shall include the shoulders as well as the paved portions thereof, any
public sidewalk or any public property. Such restriction shall also apply
to private property, unless the prior written permission of the owner is obtained,
which prior written consent shall be a matter of defense in any prosecution
under this section; provided, however, that the restriction in this section
shall not apply to the defecation by a dog on a public street where the owner
or person in charge of said dog immediately removes all feces deposited by
such dog in a suitable container and disposes of same in a sanitary manner
on the premises of such owner or person in charge of said dog.
In addition to the penalties provided in § 1-15 of this Code, any person violating this Article or any provision contained therein shall pay a fine of not more than $25 for each violation.
[Added 6-11-1992 by L.L. No. 1-1992]
The breeding of dogs, the keeping or harboring of more than three dogs,
cats or other permitted animals and the breeding, keeping, harboring or riding
in the Village of Hewlett Harbor of chickens, roosters, pigeons or other fowl
and poultry, of pigs, goats, horses, donkeys, cows, cattle or other livestock,
of poisonous reptiles, of skunks and other odorous wild animals and of monkeys,
wildcats, coyotes, wolves and other large, dangerous or wild animals and reptiles
is hereby declared a nuisance, and it shall be unlawful for any person to
commit or permit any such nuisance.
[Added 6-11-1992 by L.L. No. 1-1992]
It shall be unlawful for the owner of any dog or for the person harboring
or possessing such dog to allow such dog to engage in loud and excessive howling,
barking, crying or whining as would unreasonably annoy and disturb the peace
and tranquility of persons in nearby premises and dwellings.
[Adopted 12-13-1990 as L.L. No. 3-1990;
amended in its entirety 3-18-1993 by L.L. No. 2-1993]
Pursuant to the authority granted in § 110, Subdivision 4a,
of the Agriculture and Markets Law of the State of New York, the annual dog
licensing fees issued by the Incorporated Village of Hewlett Harbor are hereby
increased and fixed as follows:
