[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 11-20-1968 as Ch. 7 of the Code of Ordinances (1968). Amendments noted
where applicable.]
No person who owns, possesses or harbors a dog (male or female)
shall permit or allow such dog to run loose or at large in any street,
sidewalk, lane or public place in the Village of Kensington. No dog
shall be permitted at any time to be on such street, sidewalk, lane
or public place unless effectively restrained in the immediate custody
and control of the owner or custodian of the dog by a chain or leash
not exceeding six feet in length.
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 §
72-1. 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 §
72-1.
[Amended 9-16-1981 by L.L. No. 3-1981]
Any dog found on any street, sidewalk, lane or public place
at large and not under effective restraint by chain or leash as aforesaid
or that does not bear the license tag required by the Agriculture
and Markets Law may be seized by any duly appointed dog warden, peace
officer or duly authorized officer or representative of the village
or the Town of North Hempstead Animal Warden. Any dog seized by the
Animal Warden of the Town of North Hempstead shall be confined and
impounded in a pound maintained by the Town of North Hempstead and
may thereafter be redeemed pursuant to the redemption procedures of
the Town of North Hempstead, including, but not limited to, any fees
included therein. Any dog seized by an officer or representative of
the village or an independent contractor shall be confined and impounded
in a pound maintained by the village or maintained by any other person,
corporation or association. Any dog so found at large not under effective
restraint as aforesaid, that cannot be safely seized, may be destroyed
by such dog warden, peace officer or duly authorized officer.
[Added 9-16-1981 by L.L. No. 3-1981]
Appearance tickets for the violation of the provisions of this
chapter may be issued or served by any person authorized to issue
or serve such appearance tickets in the Village of Kensington or by
the Animal Warden of the Town of North Hempstead.
[Amended 9-16-1981 by L.L. No. 3-1981]
Any dog found at large and not under restraint and impounded
in a location other than the Town of North Hempstead Animal Shelter
shall be confined for a period of seven days, or for a period of 12
days if the dog bears a license tag. Any dog so impounded may be redeemed
by the owner thereof within the period of time so specified upon payment
to the Village Clerk of the Village of Kensington of the sum of $5
if the dog is licensed and the sum of $10 if the dog is unlicensed,
as the cost of seizure, and paying to the person, corporation, municipality
or association operating such pound such other charge as it may make
for caring for such dog.
Any dog so impounded and not redeemed within the applicable period of time after such impounding specified in §
72-5 shall be destroyed or offered for sale or sold by the keeper of said pound. The net proceeds of any such sale shall be retained by the person, corporation, municipality or association operating such pound. The carcass of any dog so destroyed shall be disposed of by the keeper of said pound in a safe and sanitary manner.
Any dog or dogs maintained, owned, possessed, controlled, harbored
or kept by any person on any premises owned or occupied in whole or
in part by him within the coporate limits of said village shall be
cared for, maintained and handled in a manner which shall be sanitary
and to prevent noises, barking, fighting, howling, yelping or whining
at any time in order not to disturb the peace, comfort and quiet of
the neighborhood.
[Amended 4-18-1979 by L.L. No. 2-1979]
A person who owns, has charge of, possesses, maintains, keeps
or controls a dog, cat or other animal shall not permit the animal
to soil, defile, defecate on or commit any nuisance on the sidewalk
of any public place or any place where people congregate and shall
effectively restrain such animal from entering upon private property
without the permission of the owner of said private property. The
term "sidewalk" shall mean the area between the curbline and the property
line of the abutting property owner. The restriction in this section
shall not apply to the street lying between the curblines, which shall
be used to curb such animal under the following conditions: The person
who so curbs such animal shall immediately remove all feces deposited
by such animal and deposit same in a container or bag and thereafter
dispose of it in a sanitary manner. In no event shall any feces be
deposited in sewers or drains, whether storm or sanitary.
[Amended 4-18-1979 by L.L. No. 2-1979; 10-21-2009 by L.L. No. 6-2009]
Any person violating the provisions of either §
72-1 or
72-7 or
72-8, or any part of said sections, shall be subject to and shall forfeit and pay a penalty of up to $25 for the first offense, up to $50 for the second offense and up to $75 for a third or subsequent offense. Any person violating the provisions of §
72-12, or any part of said section, shall be subject to and shall forfeit and pay a penalty of up to $250 for the first offense, up to $500 for the second offense and up to $750 for a third or subsequent offense.
Any dog warden, deputy dog warden or peace officer duly authorized
to act within the Town of North Hempstead and any police officer of
the Police Department of the Village of Kensington is hereby authorized
to issue summonses and to present information to any court of competent
jurisdiction for violations of this chapter.
[Added 8-13-1969; amended 5-17-1989 by L.L. No. 5-1989]
The breeding of dogs or other animals, the keeping or harboring
in any dwelling or on any premises of more than two adult dogs or
two adult cats and the keeping in the village of chickens, roosters,
ducks, pigeons, guinea fowl, pigs, swine, horses, donkeys, cows or
cattle are hereby prohibited. For the purposes of this section, any
dog or cat over the age of six months shall be considered adult.
[Added 10-21-2009 by L.L. No. 6-2009]
A. The outdoor
feeding of any animal is prohibited on public or private property
within the Village. All feeding shall take place within a fully enclosed
portion of a house.
B. Nothing
contained herein shall prohibit a bird feeder suspended at least six
feet above the ground.