[HISTORY: Comes from L.L. No. 22-1992, adopted 4-7-1992, effective 4-16-1992; amended in its entirety 4-12-2016 by L.L. No. 30-2016, effective 4-20-2016.]
The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and other animals as permitted under the laws of the State
of New York and the protection of persons, property and animals from
dog attack and damage. Therefore, the Town Board of the Town of Hempstead,
pursuant to the authority granted to it by the provisions of the Agriculture
and Markets Law, the Town Law and the Municipal Home Rule Law of the
State of New York, does enact this chapter.
There shall be in the Town of Hempstead an Animal Shelter and
Control Division of the Department of General Services. The executive
head of said Division shall be the Director, who shall be appointed
by the Town Board for a term fixed by the Town Board, or at the pleasure
of the Town Board, at such salary as from time to time may be fixed
by said Town Board. The Director shall be appointed on the basis of
his or her administrative experience, extensive knowledge incidental
to the maintenance and operation of an animal shelter and supervisory
experience in such field. There shall be two Assistant Directors,
who shall be designated in order of priority by the Director. In the
absence of or disability of the Director, the two Assistant Directors
in the order designated shall have the rights, obligations and duties
of Director and authority to act in his place.
A.
This chapter shall apply to all areas within the Town of Hempstead,
except the City of Long Beach.
B.
In the event that any dog owned by a nonresident of the Town is harbored
within the Town, such dog shall be exempt from the identification
and licensing provisions of this chapter for a period of 30 days,
provided that such dog is licensed pursuant to the provisions of law
of the area of residence.
C.
This chapter shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
D.
This chapter shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act, provided that such person,
firm or corporation has obtained a certificate of exemption from the
Commissioner of Agriculture and Markets of the State of New York.
As used in this chapter, the following definitions shall have
the meanings given:
All species of mammals except humans, including dogs, as
well as all species of birds.
The Town Clerk of the Town of Hempstead.
The Director of the Town of Hempstead Animal Shelter and
Control Division.
Any member of the species Canis familiaris.
A person employed with the Town of Hempstead Animal Shelter
and Control Division and designated by the Director to assist in the
enforcement of this chapter.
To bring about death by a humane method.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any dog carrying an identification tag as provided in this
chapter.
Weather conditions that are likely to adversely affect the
health and safety of a dog, including, but not limited to, rain, sleet,
ice, snow, wind, temperatures below 32° F. and above 95° F.,
extreme heat and cold, or other conditions for which the National
Weather Service or other weather service shall issue a weather advisory.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to this chapter, except that if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person. If it cannot be determined
in whose name any dog was last licensed, the owner shall be deemed
to be the owner of record of such dog, except that if the owner is
under 18 years of age, the owner of record shall be deemed to be the
parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any person with a physical impairment which is permanent
and severely limits such person's mobility, or a person who is unable
to ambulate without the aid of a wheelchair or other prosthetic device.
Any special medical needs of an animal due to disease, illness,
injury or breed about which the owner or person with custody or control
of the animal should reasonably be aware.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
Any person who resides within the geographical limits of
the Town of Hempstead.
Any dog that is trained to aid a person with a disability
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
The unincorporated areas of the Town of Hempstead.
Animals that are left outdoors in inclement weather without
ready access to, or the ability to enter, a house, apartment building,
or any other permanent structure in excess of 30 minutes.
A motor vehicle as defined in § 125 of the Vehicle
and Traffic Law of the State of New York, or a trailer as defined
in § 156 of such law.
A.
The Director shall act as chief administrative officer of the Town
Animal Shelter and Control Division and shall supervise the enforcement
of this chapter. In addition, the Director, only when specifically
authorized so to do by the Town Board, from time to time may retain
the services of additional persons, including special, technical,
fiscal and legal consultants, as may be necessary in the discharge
of his or her duties.
B.
Employees designated as animal control officers shall assist with
the control of dogs and other animals and the enforcement of this
chapter. In addition, dog control officers shall have the duties and
obligations as indicated under Articles 7 and 26 of the Agriculture
and Markets Law of the State of New York and Article 21 of the Public
Health Law of the State of New York. This chapter can be enforced
by the American Society for the Prevention of Cruelty to Animals,
the Nassau County Society for the Prevention of Cruelty to Animals
or any law enforcement officer or peace officer.
C.
The Director, Assistant Directors and dog control officers shall
have the power to issue an appearance ticket for violations of this
chapter and to serve and execute any other order or process in the
execution of the provisions of this chapter. Any police officer, peace
officer, or public safety officer of the Department of Public Safety
of the Town of Hempstead shall also have the power to issue an appearance
ticket for violations of this chapter and to serve and execute any
other order or process in the execution of the provisions of this
chapter.
D.
The Commissioner of General Services shall have discretion to waive
fees associated with this chapter upon a showing of good cause. The
Commissioner may delegate such authority to the Director or the Assistant
Director.
[Amended 8-6-2019 by L.L.
No. 61-2019, effective 9-20-2019]
(1)
The Department of General Services, in consultation with the Town Comptroller, is hereby authorized, subject to the approval of the Town Board, and consistent with § 152-5D(2), to establish formal procedures and controls for adjusting, waiving or discounting fees charged by the Animal Shelter.
(2)
Any person desiring a fee waiver under this chapter shall file with the Commissioner of General Services or his/her authorized delegate pursuant to § 152-5D(1) an original and one copy of an application, under oath, in writing, on a form furnished by the Animal Shelter. The application shall set forth, at a minimum, the following information:
(a)
The name, address and telephone number of the person applying
for the fee waiver. The address must include a street address and
not a post office box;
(b)
The fee sought to be adjusted, discounted or waived;
(c)
The good-cause basis for which the fee waiver is sought, together
with any
(d)
Supporting documentation;
(e)
A location for the Commissioner of General Services or his/her
authorized delegate to approve or disapprove the fee waiver application,
and print and sign their name under said approval or disapproval.
A.
Any dog four months of age or older harbored or otherwise kept in
the Town shall be required to have a dog license. No license shall
be required for any dog which is under the age of four months and
which is not at large. Such license shall be suspended from a dog's
collar and worn at all times both on and off the dog owner's premises.
A license shall be renewed after a period of one year, beginning with
the first day of the month following the date of issuance, and shall
be renewable annually thereafter prior to the expiration date.
B.
Application for a dog license shall be made to the Town Clerk. The
application shall state the sex, actual or approximate age, breed,
color, municipal identification number of the dog, other identification
marks, if any, and the name, address, telephone number, county and
Town, city or village of residence of the owner.
C.
The application shall be accompanied by the license fee prescribed by resolution of the Town Board and a certificate of rabies vaccination or statement in lieu thereof, as required by Subsection F of this section. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided that such certificate or affidavit shall not be required if the same is already on file with the Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that, because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog.
D.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund therefor shall be made.
E.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
F.
At the time of issuing any license pursuant to this chapter, the
Clerk shall require the applicant to present a statement certified
by a licensed veterinarian showing that the dog or dogs have been
vaccinated to prevent rabies or, in lieu thereof, a statement certified
by a licensed veterinarian stating that, because of old age or other
reason, the life of the dog or dogs would be endangered by the administration
of vaccine.
B.
Whether or not licensed, each dog which is not identified shall be
held for a period of five days from the day seized, during which period
the dog may be redeemed by its owner, provided that such owner produces
proof that the dog has been licensed and has been identified pursuant
to the provisions of this chapter, and further provided that the owner
pays a fee to cover the cost of housing such dog. The fees associated
with this section shall be set by resolution of the Town Board.
C.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of five days after date of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection B of this section and by producing proof that the dog has been licensed.
D.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to the provisions of
Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of § 374 of the
Agriculture and Markets Law of the State of New York, provided that
no dog in the custody of the Animal Shelter and Control Division shall
be delivered for adoption unless it has been licensed pursuant to
the provisions of this chapter prior to its release from custody of
the Animal Shelter and Control Division.
E.
Any dog or cat in the custody of the Animal Shelter and Control Division
shall be made available for adoption or euthanized subject to the
provisions of Subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of § 374
of the Agriculture and Markets Law of the State of New York[1] after the time for redemption has expired. The same redemption
periods and impoundment fees as stated herein shall apply to cats
in custody of the Animal Shelter and Control Division.
[1]
Editor's Note: Subdivisions 2-a to 2-e of § 374
of the Agriculture and Markets Law were repealed by L.2009, c. 479,
§ 1, effective 10-9-2010.
F.
The Animal Shelter and Control Division shall not release any dog
or cat for adoption to any person unless prior thereto:
(1)
A dog or cat has been spayed or neutered as verified in writing by
a licensed veterinarian.
(2)
The person intending to adopt the cat or dog shall remit a fee to
the Animal Shelter and Control Division. The amount of the fee shall
be set by resolution of the Town Board.
(3)
In the case of dog or cat which has not yet reached sexual maturity,
the person intending to adopt the dog or cat shall have executed a
written agreement with the Animal Shelter and Control Division to
have the dog or cat spayed or neutered within 30 days of the dog or
cat reaching six months of age.
(a)
The person intending to adopt the unaltered cat or dog shall
remit to the Director a deposit upon adoption to secure the alteration
of such cat or dog. The amount of this deposit shall be set by resolution
of the Town Board.
(b)
The deposit remitted under this subsection shall be refundable
upon proof that such cat or dog has been spayed or neutered in compliance
with this section.
(4)
Such adopter shall present to the Animal Shelter and Control Division
written documentation from a licensed veterinarian that the dog or
cat has been spayed or neutered, within the times specified above,
or that because of health reasons, as certified by a licensed veterinarian
examining the dog or cat, spaying or neutering would endanger the
animal's life.
(5)
The age of the animal at the time of adoption shall be determined
by the Animal Shelter and Control Division.
G.
Any dog owned by a nonresident of this Town, seized and impounded pursuant to the provisions of this chapter, and whose owner can be identified, shall be subject to Subsection C of this section. If the dog is licensed pursuant to the provisions of law of the area of the owner's residence, the licensing requirements of this chapter shall not apply, provided that such dog is not harbored within this Town for a period exceeding 30 days.
H.
Surrender of animals by resident.
(1)
Upon written application of a resident owner, the Animal Shelter
and Control Division may accept the surrender of any dog or cat for
adoption or immediate destruction. Such application shall state the
owner's name and address; a description of the dog or cat and, if
a dog, a dog license number, if any; a statement that such person
is the sole and absolute owner of such dog or cat; and a statement
from the owner giving his consent to such adoption or immediate destruction.
Any dog or cat surrendered for adoption shall be kept for a minimum
of five days and, if not adopted, may be destroyed humanely.
(2)
The Animal Shelter and Control Division may accept from any resident
the surrender of any lost, strayed, homeless, abandoned or improperly
confined or kept dog, cat or other animal as permitted under §§ 373
and 374 of the Agriculture and Markets Law of the State of New York.
In addition, such surrender shall include a written statement signed
by such resident that he or she verily believes to the best of his
or her knowledge that such animal is lost or homeless or is a stray.
I.
Fees. A person may surrender any animal to the Town Animal Shelter
and Control Division. The person intending to surrender said animal
must remit a fee to the Animal Shelter and Control Division. The amount
of the fee shall be set by resolution of the Town Board.
J.
The seizure of any dog shall not relieve any person from any violation
provided for by this chapter or any other laws, regulations or rules.
K.
No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog or cat pursuant
to the provisions of this chapter.
[Amended 8-8-2017 by L.L.
No. 64-2017, effective 8-21-2017]
The Town of Hempstead Animal Shelter shall not release a dog
or cat to a person claiming ownership thereof unless such dog or cat
has been sterilized by a licensed veterinarian; provided, however,
that such requirement shall not apply:
A.
If a licensed veterinarian certifies to such shelter that he or she
has examined such dog or cat and found that because of a medical reason,
the life of such dog or cat would be endangered by sterilization;
provided, however, that such reason shall not consist solely of the
youth of such dog or cat, if such dog or cat is at least eight weeks
of age;
B.
Dogs.
(1)
If such dog, within the time period provided for by law, rule
or regulation, is claimed by a person claiming ownership thereof,
and such person demonstrates to the satisfaction of the shelter that
such dog has a breed ring show record from the American Kennel Club
or United Kennel Club or other similar registry association, dated
no more than 12 months prior to the date such dog entered such shelter,
or such person claiming ownership is able to provide proof that such
dog has successfully completed the requirements of the American Kennel
Club or United Kennel Club or other similar registry association,
for the title of Champion or its equivalent, at any time prior to
the arrival of the dog at the shelter; or
(2)
If, within the time period provided for by law, rule or regulation,
the dog is claimed by a person claiming ownership thereof, and such
person demonstrates to the satisfaction of the shelter that such dog
is certified to provide the following services: guide dog, hearing
dog, service dog, therapy dog, or law enforcement work dog; or
C.
Cats.
(1)
If such cat, within the time period provided for by law, rule
or regulation, is claimed by a person claiming ownership thereof,
and such person demonstrates to the satisfaction of such shelter that
such cat has a breed show record from the Cat Fancier Association
or other similar registry association dated no more than 12 months
prior to the date such cat entered such shelter or such person claiming
ownership is able to provide proof that such cat has successfully
completed the requirements of the Cat Fancier Association or other
similar registry association for the title of Champion, Grand Champion
or its equivalent, at any time prior to the arrival of the cat at
the shelter;
A.
Dogs at large prohibited; restraining dogs outdoors.
(1)
It shall be a violation of this section for any owner to permit a
dog, whether licensed or unlicensed, to be at large within the Town
other than on the owner's premises. For purposes of this section,
a dog on a leash of six feet or more shall be considered a "dog at
large."
(2)
No person shall tether, leash, fasten, secure, restrain, chain or
tie a dog to a stationary object outdoors, or cause such animal to
be so restrained, for longer than two continuous hours in any continuous
twelve-hour period. Nothing in this section shall be construed to
prohibit a person from walking a dog on a hand-held leash.
(3)
Any person who tethers, leashes, fastens, secures, restrains, chains
or ties a dog to a stationary object outdoors shall provide such animal
with adequate food, water and shelter, and shall restrain the dog
with a device having swivels at both ends that is of an adequate length
for the type, age and size of the dog being restrained; provided,
however, that the requirement to provide adequate food, water and
shelter shall not apply to a person who restrains a dog for a period
of time that is 15 minutes or less in duration.
B.
Notwithstanding, the provisions of this section, no person shall
tether, leash, fasten, chain, tie, secure or restrain any dog for
any amount of time with a device that:
(1)
Is a choke collar or pinch collar; or similar collar that restrains
the dog in such a manner that it impairs the flow of oxygen or blood
to the dog which may cause choking or substantial discomfort to the
dog;
(2)
Is embedded, partially embedded or may become embedded in the dog's
skin;
(3)
Weighs more than 1/8 of the dog's total body weight, but in no event
shall such weight exceed 10 pounds;
(4)
Is less than 10 feet in length for a running cable trolley and 15
feet in length for a tether to a stationary object;
(5)
Is too short to allow the dog continuous access to adequate food,
water, and shelter or to urinate or defecate in an area separate from
where it must eat, drink, or lie down;
(6)
Is not designed for dogs;
(7)
Has weights attached or contains links that are more than one-quarter-inch
thick;
(8)
Because of its design or placement is likely to become entangled
around itself, the dog, objects or other animals;
(9)
Is long enough to allow the animal to move outside of its owner's
property; and
(10)
Would allow the restrained animal to move over an object, including
but not limited to any type of fencing or barrier or edge that could
result in the strangulation of or injury to such animal.
C.
Notwithstanding the provisions of this section, any tether, leash,
fastener, chain, tie, or restraint shall be attached to a properly
fitting collar or harness designed for this purpose worn by the dog,
with enough room between the collar and the dog's throat through which
two adult fingers may fit; provided, however, that such collar or
harness is in compliance with subdivision B(1) above.
D.
Notwithstanding the provisions of this section, no person shall tether,
leash, fasten, chain, tie, secure or restrain any dog for any amount
of time if such dog is under six months of age.
E.
Notwithstanding the provisions of this section, no person shall tether,
leash, fasten, chain, tie, secure or restrain more than one dog at
a time on a permissible device.
F.
Notwithstanding the provisions of this section, no person shall allow
a tethered, leashed, fastened, chained, tied, secured or restrained
dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise
harmed by humans or other animals.
G.
Upon a finding of any violation(s) of this section, any dog seized
pursuant to the provisions of this chapter or any other state or federal
law, shall be returned to the owner or custodian only upon proof that
the violation(s) have been cured.
H.
Violations of this section may be supported by evidence, including,
but not limited to, time-stamped photographs and video, records of
complaints, and sworn witness statements.
I.
The provisions of this section shall not be construed to prohibit
the department, the American Society for the Prevention of Cruelty
to Animals, the Nassau County Society for the Prevention of Cruelty
to Animals or any law enforcement officer or peace officer from enforcing
any other law, rule or regulation regarding the humane treatment of
animals.
J.
The provisions of Subsection A of this section shall not apply to the officers or employees of any federal, state or city law enforcement agency.
K.
Nothing in this section shall be construed to affect any other protections
afforded to animals under any provision of law, including, but not
limited to, the requirement of adequate shelter pursuant to § 353-b
of the New York State Agriculture and Markets Law.
L.
If any clause, sentence, paragraph, subdivision, or part of this
section, or the application thereof to a particular person, animal
or circumstance, shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this section
directly involved in the controversy in which such judgment shall
have been rendered.
A.
It shall be a violation of this section for any person owning, harboring,
keeping or in charge of any dog to cause or permit such dog to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or on any public property whatsoever, or on any
private property without the permission of the owner of said property.
B.
The restriction in this section shall not apply to that portion of
street lying between the curblines which may be used to curb such
dog only under the following condition: The person who so curbs such
dog shall immediately remove all feces deposited by such dog in a
sanitary manner.
C.
The provisions of this section shall not apply to any blind person
accompanied by a guide dog.
A.
It shall be a violation of this section for any person to place or
confine an animal or permit such animal to be placed or confined or
remain in an unattended vehicle without sufficient ventilation or
under other conditions or for such a period of time as may endanger
the health or well-being of such animal due to heat, lack of water
or such other circumstances as reasonably may be expected to cause
suffering, disability or death.
B.
Nothing in this chapter shall be construed so as to prohibit the
transportation of horses, cattle, sheep, poultry or other agricultural
livestock in trailers or other vehicles designed and constructed for
such purpose.
C.
Any police officer, peace officer, public safety officer of the Department of Public Safety of the Town of Hempstead or dog control officer of the Town of Hempstead who finds an animal in a motor vehicle in violation of Subsection A hereof may enter a motor vehicle, without civil or criminal liability, to remove the animal. The person removing the animal shall take said animal or cause said animal to be delivered to an animal shelter or other place of safekeeping in the Town of Hempstead. This section can be enforced by the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer or peace officer.
D.
In the event that the owner or custodian of said animal cannot otherwise
be located, the person shall leave in a prominent place on or in the
vehicle a written notice bearing his name and department and the address
where the animal may be claimed by the owner thereof. The animal shelter
having custody of the animal shall make reasonable efforts to contact
the owner and give notice that the animal is in its custody. The animal
shall be surrendered to the owner if the owner claims the animal within
10 days from the time the animal was removed from the vehicle and
pays all reasonable charges which have accrued for the maintenance
of the animal. If the owner does not claim the animal within the specified
time, the animal shelter may place the animal for adoption in accordance
with provisions of this chapter and the Agriculture and Markets Law
of the State of New York.
E.
It shall be a violation of this section for any person to leave an
animal unattended outdoors for over 30 minutes in inclement weather
or under other conditions or for such a period of time as may endanger
the health or well-being of such animal due to heat, lack of water
or such other circumstances, such as a weather advisory by any federal,
state, county or town government or as reasonably may be expected
to cause suffering, disability or death. It shall be a rebuttable
presumption that any temperature below 35° F. or above 85°
F. constitutes inclement weather. Additionally, it shall be a violation
of this section for any person to leave an animal unattended in an
indoor environment at any location, including in the custody of the
Town of Hempstead Animal Shelter, for over 30 minutes, in which the
temperature of the indoor environment is below 35° F. or above
85° F.
[Amended 9-8-2020 by L.L. No. 36-2020, effective 10-15-2020]
A.
Any person in the Town owning, harboring or keeping any dog six months
of age or over shall be required to have such dog actively vaccinated
to prevent rabies.
B.
The provisions of Subsection A shall not apply to dogs owned by a nonresident, while passing through the Town, or to dogs brought into the Town, for a period not exceeding 15 days, if entered in any exhibition at any dog show therein and if confined and in immediate charge of the exhibitor, or to dogs actually confined to the premises of incorporated societies, devoted to the care or hospital treatment of lost, strayed or homeless animals, or confined to the premises of public or private hospitals devoted to the treatment of sick animals, or confined for the purposes of research to the premises of colleges or other educational or research institutions, or to dogs actually confined to the premises of a person, firm or corporation actually engaged in the business of breeding or raising dogs for profit and are so licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act.
C.
Any dog whose life would be endangered by the administration of the antirabies vaccination either because of old age or other reasons shall be exempted from the requirements of the provisions of Subsection A herein, provided that a written statement certified by a licensed veterinarian is presented to the Director of the Animal Shelter and Control Division indicating the same.
D.
Any owner of a dog willfully failing or refusing to submit his or
her dog or dogs immediately for vaccination upon request by a dog
control officer, a peace officer acting pursuant to his or her special
duties, a police officer or a health officer shall be guilty of a
violation.
E.
The provisions of this section shall not be deemed to prevent the
operation of any other provision of law for the control or prevention
of rabies.
F.
There shall be a charge imposed to have a dog vaccinated by the Animal
Shelter and Control Division. The amount of the aforementioned charge
shall be set forth by Town Board resolution.
If any section, subsection, sentence, clause, phrase or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the section, subsection, sentence, clause, phrase
or part directly involved in the controversy in which such judgment
shall have been rendered.
A.
An offense against any provision of this chapter except §§ 152-8 and 152-10 shall be a violation which shall be punishable by a fine of not less than $50 and not more than $100 or imprisonment for not more than 15 days, or both. Any second offense within a two-year period carries a fine of not less than $100 and not more than $200 or imprisonment for not more than 15 days, or both. The third offense within a two-year period carries a fine of not less than $150 and not more than $300 or imprisonment for not more than 15 days, or both.
B.
Any person who violates the provisions of § 152-8 or any of the rules promulgated thereunder shall, for a first offense, be guilty of a violation punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both. In addition to such penalties, any person who violates provisions of § 152-8 and has a previous offense within a one-year period shall be guilty of a violation that is punishable by a fine of not less than $250 and not more than $1,500 or imprisonment of not more than 15 days, or both.
C.
An offense against any provision of § 152-10 shall be punishable by a maximum fine of up to $500 or imprisonment for not more than 15 days, or both. The second offense within two years carries a maximum fine of up to $1,000 or imprisonment for not more than 15 days, or both. The third offense within two years carries a fine of up to $1,500 or imprisonment for not more than 15 days, or both.
D.
A defendant charged with a violation of any provision of this chapter
may himself or herself plead guilty to the charge in open court. He
or she may also submit to the Judge having jurisdiction, in person,
by duly authorized agent or by registered mail, a statement: that
he or she waives arraignment in open court and the aid of counsel;
that he or she pleads guilty to the offense charged; that he or she
elects and requests that the charge be disposed of and the fine or
penalty fixed by the court; of any explanation that he or she desires
to make concerning the offense charged; and that he or she makes all
statements under penalty of perjury. Thereupon, the Judge may proceed
as though the defendant had been convicted upon a plea of guilty in
open court; provided, however, that any imposition of fine or penalty
hereunder shall be deemed tentative until such fine or penalty shall
have been paid and discharged in full. If upon receipt of the aforesaid
statement the Judge shall deny the same, he or she shall thereupon
notify the defendant of this fact and that he or she is required to
appear before the said Magistrate at a stated time and place to answer
the charge which shall thereafter be disposed of pursuant to the applicable
provisions of law.
