[Adopted 12-7-1967 by Ord. No. 32 (Ch. 54, Art. I, of the
1987 Code)]
As used in this article, the following definitions shall apply:
Off the premises of the owner and not under the control of
the owner, either by leash, cord, chain or similar device not over
six feet in length.
Includes any person or group of persons living in the same
household as one family unit or any firm, association or corporation
owning, harboring, boarding or otherwise keeping or having at any
time in his or its or their custody a dog or other animal within the
Village of South Floral Park.
A.
No owner shall keep, harbor, board or otherwise have in his, her,
its or their custody more than three adult dogs on any premises within
the residential or business districts in the Village.
B.
For the purpose of this section, any dog over the age of six months
shall be considered an "adult dog."
No owner shall suffer or allow an animal 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 and consent 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.
Any Dog Warden or peace officer is authorized to issue summonses
and to present information for the appearance of violators of this
article before courts of competent jurisdiction.
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 and shall be presumptive evidence that
such person has failed to exercise due care in preventing such animal
from running loose or at large in violation of this article.
Any owner of an animal shall care for, maintain and handle said
animal in a manner which shall be sanitary and which shall prevent
noises, barking, fighting, howling or whining at any time which might
disturb the peace, comfort and quiet of the neighborhood.
No owner having the right and ability to prevent such shall,
knowingly or carelessly or negligently, permit any dog or other animal
to urinate, defecate or commit any other nuisance upon any sidewalk
of any public street or venue, in any park or upon any public square
or place in the Village; or upon the floor or any hall of any apartment
house which is used in common by the tenants thereof; or upon the
fences of any premises, or the walls or stairways of any building
abutting upon a public street, avenue, park, public square or place;
or upon the floor of any theater, store or any building which is used
in common by the public, including all public rooms or places therewith
connected: or upon the floor of any depot or station: or upon the
station platform or stairs of any railroad or other common carrier:
or upon the roof of any apartment house used in common by the tenants
thereof: or upon the floor of any hall, stairway or office of any
hotel or lodging house which is used in common by the guests thereof;
or upon any private property other than that of the owner; nor shall
any such owner omit to do any reasonable or 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.
[Added 12-3-1981 by L.L. No. 2-1981; amended 11-5-1987 by L.L. No.
1-1987]
The restriction contained in § 63-7 shall not apply to the sidewalk or to that portion of the public street or avenue lying between the curblines which shall be used to curb such dog under the following conditions:
A.
The person who so curbs such dog shall immediately remove, in a sanitary
method, all feces deposited by such dog; provided, however, that the
disposal of said feces by placement in storm sewers within the Village
shall not be deemed to be a sanitary method of disposal of said feces.
B.
The feces removed from the curb area shall be disposed of in a sanitary
manner by placing such feces in a closed receptacle located upon the
premises or property of the person owning, harboring, keeping or in
charge of such dog curbed in accordance with the provisions of this
section.
[Amended 2-16-1988 by L.L. No. 1-1988]
An owner or person violating any of the foregoing provisions
of this article shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.
[Amended 2-16-1988 by L.L. No. 1-1988; 4-1-1993 by L.L. No. 1-1993]
Any animal found running at large within the Village may be
seized by any Dog Warden or peace officer and may be confined and
impounded in the public pound maintained by the Town of Hempstead.
Any such animal impounded shall be confined for a period of five days
and may be redeemed by the owner thereof within said period upon payment
to the Village Administrator of a fee of $35 and upon payment to the
Village Administrator of any other fee or charge which may be due
by reason of the ownership thereof. Any animal not so redeemed within
such period of five days shall be destroyed or offered for sale by
the poundkeeper.
No liability shall be imposed upon any Dog Warden or peace officer
or the Village or any employee of the Village for action taken pursuant
to the provisions of this article.
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 the Agriculture and Markets Law.
A.
Pursuant to the provisions of the Agriculture and Markets Law of
the State of New York, no person shall own or harbor within the Village
a dog unless licensed as provided in said law.
B.
Any person violating the provisions of Subsection A hereof shall be guilty of an offense and shall be liable for and forfeit and pay a penalty of not more than $25, except that, where the person was found to have violated Subsection A within the preceding five years, the fine may not be more than $50; where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.
[Amended 2-16-1988 by L.L. No. 1-1988]
C.
Fees.
[Added 2-16-1988 by L.L. No. 1-1988; amended 2-18-1997 by L.L. No.
1-1997]
(1)
In addition to the dog license fees established by the Agriculture
and Markets Law, an annual fee for each dog license issued pursuant
to this chapter shall be:
