As used in this article, the following definitions shall apply:
AT LARGE
Off the premises of the owner and not under the control of
the owner either by leash, code, chain or otherwise, not over six
feet in length.
DOGS
Any member of the species canis familiaris.
HARBOR
To provide food and shelter to any dog.
OWNER
Any person who owns, harbors or otherwise possesses or has
within his custody a dog or dogs within the Village, except that if
any dog is owned by a person under 18 years of age, the owner shall
be deemed to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
No owner shall keep, harbor or otherwise have in his custody
more than two adult dogs on any premises within the Village. For the
purpose of this article any dog over the age of six months shall be
considered an adult dog.
No owner shall suffer or allow a dog 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 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 has failed to exercise due care in preventing such
animal from running loose or at large in violation of this article.
If any dog shall bite any person, the owner shall immediately,
upon knowledge thereof, confine said dog, notify the Village Clerk
or the Nassau County Police Department of the place where such dog
is confined and shall not thereafter permit such a dog to leave such
confinement until examined by a duly licensed veterinarian and pronounced
by him to be free from rabies.
Any owner of a dog shall care for, maintain and handle said
dog in a manner which shall be sanitary and to prevent noises, barking,
fighting, howling, or whining at any time so as not to disturb the
peace, comfort and quiet of the neighborhood.
No owner, having the right and ability to prevent, shall knowingly
or carelessly or negligently, permit any dog or other animal to urinate,
defecate or commit any other nuisance upon any sidewalk or grassed
area of any street, avenue or upon any public square, parking area
or place in the Village or upon the fences of any premises, or the
walls or stairways of any building, abutting upon any street, avenue,
public square, parking area or place, or upon the floor of any store
or any building which is used in common by the public, including all
public rooms or places therewith connected, or upon any private property
of another person, nor shall any such owner omit to take any reasonable
and proper act, and take any reasonable and proper precaution, to
prevent any such dog or other animal from committing such a nuisance
in, on or upon any of the places or premises herein specified.
Except as otherwise provided in Article 7 of the Agricultural and Markets Law of the State of New York, any owner or person violating any provision of §§
56-9 through
56-13 of this article shall be liable for and forfeit a penalty not exceeding $25.
Any animal found running at large within the Village may be seized by any Dog Control Officer 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 after the owner of such dog is notified personally of the facts of seizure and the procedure for redemption, or seven days after the owner is so notified by certified mail, return receipt requested, and may be redeemed by the owner thereof within said period upon payment to the Village Clerk of an impoundment fee as set forth in the current Village Fee Schedule (see Chapter
83, Fees), and upon such payment to the Village Clerk of any other fee or charge which may be due by reason of ownership thereof. Any animal not so redeemed within such period of five days shall be made available for adoption or euthanized.
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 § 124
of said Law.