[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-1998 by L.L.
No. 1-1998 (Ch. 54 of the 1975 Code)]
This article shall be known as the "Dog Control Law of the Village of
Williston Park."
This article is enacted pursuant to Article 7 of the Agriculture and
Markets Law of the State of New York. All provisions of said Article 7, together
with any future amendments thereof, are applicable and incorporated herein
except where modified hereby.
The purpose of this article is to preserve public peace and good order
in the Village of Williston Park and to promote the public health, safety
and well-being of its people and their property by enforcing regulations and
restrictions on the activities of dogs consistent with the rights and privileges
of dog owners and the rights and privileges of other citizens of the village.
This article is being enacted because the running at large and other uncontrolled
behavior of dogs creates the risk of physical harm to persons, damage to property
and creation of a nuisance within the village.
This article shall apply to all dogs owned, kept, harbored or found
within the Village of Williston Park, whether licensed or unlicensed.
For the purpose of this article, the terms as hereinafter used are defined
as follows:
The Agriculture and Markets Law of the State of New York in effect
during the life of this article.
Any member of the species canis familiaris, of either sex and of
any age, whether licensed or unlicensed.
Any person duly authorized by the Village Board, the Town of North
Hempstead, the County of Nassau or the state legislature, from time to time,
who is directed or permitted to enforce the provisions of this article or
the provisions of the Agriculture and Markets Law.
To provide food or shelter to any dog.
The person, persons, firm, association or corporation who or which:
Purchased the license for the dog and is the registered owner;
Professes ownership of the dog;
Has custody or control of the dog;
Harbors or is otherwise responsible for the dog;
Is the parent, guardian or head of household of any minor under 18 years
of age who owns or harbors the dog; or
Brings into or permits the dog to come into the village.
For proof purposes, any person harboring, possessing or controlling
a dog for a period of one week prior to the filing of any complaint charging
a violation of the provisions of this article or of the Agriculture and Markets
Law shall be held and deemed to be the owner of such dog for the purposes
of this article. Parents, guardians or heads of household, as mentioned above,
shall be deemed to have custody and control of dogs owned or harbored by minors
and shall be responsible for compliance with this article and the Agriculture
and Markets Law in the village.
Any dog that is unleashed and is moving about in, over, across or
upon any public place, street, sidewalk, lane or other property open to the
public or is on private property without the permission of the owner, tenant,
occupant or other person in possession of such private property.
The Dog Control Officer of the Town of North Hempstead shall have the
authority to enter upon any street, sidewalk, lane or other public place in
the village and seize thereon any unlicensed dog or dog running at large in
violation of this article and to impound and dispose of such dog in accordance
with the Agriculture and Markets Law. Any dog seized by the Town Dog Control
Officer shall be impounded at the town's animal shelter until redemption,
adoption or destruction. However, a dog seized by a Village Dog Control Officer
or an independent contractor shall not be impounded at the town's animal shelter
but shall be the responsibility of the village.
A.Â
It shall be unlawful for a dog to create a nuisance by
defecating or urinating on any sidewalk, park, playground or other public
place, except that portion of a public street lying between the curblines,
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
or 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 or urinating on
the 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.Â
The owner or other person having custody and control
of any dog shall immediately remove all feces deposited by said dog by placing
such feces in a plastic bag which shall be deposited in a covered garbage
receptacle. Feces shall never be deposited in sewers or drains (whether storm
or sanitary) within the village.
It shall be unlawful for any dog owner in the village to permit or allow
a dog to:
A.Â
Run at large unless the dog is under the immediate custody
and control of its owner or other responsible person and is effectively restrained
by a chain or leash not exceeding six feet in length. For the purposes of
this restriction, it shall be presumed that the presence of a dog on the private
property of a person other than that of the dog's owner or possessor is without
the consent of the owner or person in possession of such private property.
B.Â
Engage in habitual or frequent loud howling, barking,
crying or whining or conduct itself in such manner so as to unreasonably or
habitually disturb the comfort or repose of any person in the immediate vicinity.
C.Â
Uproot, dig into, upset or otherwise damage any vegetables,
lawns, flowers, garden beds, garbage containers or other property not belonging
to the owner.
D.Â
Chase, jump upon or at or otherwise menace or harass
any person in such manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury except
when such person may be on the owner's private property without such owner's
consent.
E.Â
Habitually chase, run alongside or bark at motor vehicles,
cyclists and/or pedestrians while on a public street or highway or upon public
or private property other than the property of said owner.
A.Â
Violations of any of the provisions of this article may
be enforced by the Dog Control Officer of the Village of Williston Park or
of the Town of North Hempstead or by a police officer of the County of Nassau,
who is hereby authorized to assist in the enforcement of this article for
any violation. For the purposes hereof, the Village Code Enforcement Officer
and the Deputy Code Enforcement Officer are authorized to act as Dog Control
Officers in the enforcement of this article.
B.Â
A Dog Control Officer in whose presence a violation of
this article has been committed, or a police officer who has reasonable cause
to believe that a violation has been committed in his or her presence, shall
have the power to issue and serve an appearance ticket pursuant to and in
accordance with the Criminal Procedure Law of the State of New York for any
such violation.
