[Adopted 8-3-1987 by L.L. No. 1-1987]
[Amended 11-1-1999 by L.L. No. 2-1999]
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 feet in length. 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.
Any dog found at large on any street, sidewalk,
lane or public or private place and not under effective restraint
by 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 of Roslyn Estates or Town of North Hempstead. Any dog
seized by the Animal Warden of the Town of North Hempstead shall be
impounded in the public pound maintained by the Town of North Hempstead
in the County of Nassau. Any dog seized by the Village of Roslyn Estates
or its employees shall be the responsibility of the Village of Roslyn
Estates. Any dog so found at large not under effective restraint as
aforesaid, and which cannot be safely seized, may be destroyed by
such dog warden, peace officer or duly authorized officer.
[Amended 11-1-1999 by L.L. No. 2-1999]
The owner or authorized agent of the owner of
any dog seized pursuant to the above sections may redeem such dog
within 12 days of seizure by paying to the Director of the Town of
North Hempstead Animal Shelter the required redemption fee, together
with any expenses incurred by the Town of North Hempstead or Village
of Roslyn Estates for necessary professional veterinary services rendered
in the treatment of such dog, together with applicable license fee
if such dog is unlicensed. If not so redeemed, the owner of such dog
shall forfeit any title to such 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.
It shall be unlawful for a dog to defecate,
urinate or commit a nuisance on private property without the consent
of the owner or person in possession of such private property or on
public property, except upon that portion of a public street which
is paved. A person owning or possessing a dog which defecates, urinates
or commits any nuisances prohibited herein, with or without the knowledge,
consent or fault of such person, shall be guilty of a violation of
this chapter. 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.
The owner or possessor of any dog shall immediately
and with reasonable and proper means collect, remove and dispose of
all defecatory material deposited by said dog in a complete, safe
and sanitary manner by sealing the receptacle used to collect and
remove said defecatory material and depositing said sealed receptacle
in a covered garbage can.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No. 7-2013]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine of not
more than $250 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine of not less than $500 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.