[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-21-1985 by L.L. No. 9-1985]
It is the intention of the Board of Trustees of the Village
of New Hempstead, by the adoption of this article, to preserve the
public peace and good order of the Village and to promote the public
health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of animals which are consistent
with the rights and privileges of animal owners and the rights and
privileges of other citizens of the Village.
As used in this article, the following terms shall have the
meaning indicated:
Any animal, except domestic cats, that is not on a leash
and is on property open to the public or is on private property not
owned or leased by the owner of the animal, unless permission for
such presence has been obtained.
To provide food or shelter to any animal.
Any person who keeps, harbors or has custody, care or control
of an animal. Animals owned by minors shall be deemed to be in the
custody and control of parents or other head of the household where
the minor resides. Any person harboring an animal for a period of
one week or longer shall be deemed to be the "owner" of the animal
for the purpose of enforcing this article.
Any individual, corporation, partnership, association or
other organized group of persons or other legal entity.
It shall be unlawful for any owner of an animal, other than
a cat, to permit or allow such animal to run at large in the Village
of New Hempstead.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and/or Code Inspector of the Village
of New Hempstead are hereby authorized to issue appearance tickets
for violation of this article.
[Amended 6-23-2005 by L.L. No. 2-2005]
Any person violating any section or provision of this article
shall, upon conviction, be punished by a fine of $50 for the first
offense, $100 upon conviction of the second offense, and $500 for
the third and each subsequent offense.
[Adopted 5-8-1986 by L.L.
No. 8-1986]
This article shall be cited and may be referred to hereinafter
as the "Dog Control Law of the Village of New Hempstead."
It is the intention of the Village Board of the Village of New
Hempstead, by the adoption of this article, to preserve public peace
and good order in the Village of New Hempstead and to promote the
public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs which are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Village of New Hempstead.
As used in this chapter, the following terms shall have the
meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A guide dog actually leading a blind person, a hearing dog actually
accompanying a hearing-impaired person or a service dog under the
control of and accompanying a person with a disability;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
Any member of the species Canis familiaris.
The Dog Control Officer of the Town of Ramapo.
To provide food or shelter to any dog.
Any person who keeps, harbors or has custody, care or control
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of parents or other head of the household where the minor
resides. Any person harboring a dog for a period of one week shall
be deemed to be the "owner" of the dog for the purpose of enforcing
this article.
Any individual, corporation, partnership, association or
other organized group of persons, a municipality or other legal entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each owner of a dog four months of age or older shall immediately
make application for a dog license in accordance with and pursuant
to the provisions of Article 7, §§ 109 and 110, of
the Agriculture and Markets Law of the State of New York.
It shall be unlawful for any owner of a dog in the Village of
New Hempstead to permit or allow such dog to engage in the following
enumerated acts:
A.
Running at large. It shall be unlawful for any owner of a dog within
the limits of the Village of New Hempstead to permit such dog, whether
licensed or not, to be at large elsewhere than on the premises of
the owner, or on the premises of another person without the knowledge
and consent of such other person, unless such dog is on a leash or
under the full and immediate control of a person in charge of said
dog.
B.
Nuisance. It shall be unlawful for any owner of a dog in the Village
of New Hempstead to permit or allow such dog to engage in habitual
loud howling, barking or whining so as to create a public nuisance
or create unreasonable noise disturbance across real property boundaries.
C.
Dangerous dogs. It shall be unlawful for any dog owner who knows
or has reason to know of any dangerous and vicious propensities of
said dog to permit the dog to run at large in the Village of New Hempstead.
(1)
If any dog shall attack any person who is peaceably conducting himself
in any place where he may lawfully be, such person or any other person
witnessing the attack may destroy such dog while so attacking or while
being pursued thereafter, and no liability in damages or otherwise
shall be incurred on account of such destruction.
(2)
If any dog shall attack, chase or worry any domestic animal, as defined
in § 108 of Article 7 of the Agriculture and Markets Law
of New York State, while such animal is in any place where it may
lawfully be, the owner or caretaker of such domestic animal or any
other person witnessing such attack may, for the purpose of preventing
the killing or injury of such domestic animal, destroy such dog while
so attacking, chasing, worrying or while being pursued thereafter,
and no liability in damages or otherwise shall be incurred on account
of such destruction.
(3)
Any person may make a complaint of an attack upon a person or of an attack on, chasing or worrying of a domestic animal to a Dog Control Officer or the Village of New Hempstead. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection C(4) of this section, and if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
(4)
Any person may, and any Dog Control Officer as provided in Subsection C(3) hereof shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack, chasing or worrying. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Dog Control Officer or peace officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the judge or justice shall proceed in accordance with Agriculture and Markets Law § 123.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Nothing contained herein shall restrict the rights and powers derived
from the provisions of Title IV of Article 21 of the Public Health
Law relating to rabies and any rule and regulation adopted pursuant
thereto.
D.
It shall be unlawful for the owner or person in control of any dog
to permit deposits of fecal matter by such dog to remain on premises
other than those owned or leased by the owner of such dog. Failure
to remove said fecal matter within five minutes of its deposit on
public lands or on the private lands of another shall be presumptive
evidence of an intent to violate the provisions of this article.
[Added 6-23-2003 by L.L.
No. 2-2003]
E.
Additional prohibitions.
(1)
Interference with enforcement officer. It shall be unlawful for any
person or persons to hinder, molest or interfere with any officer
or agent of the Village in the performance of any of the provisions
of this article.
(2)
Violation of article. It shall be unlawful for any person to violate
any provision of this article, whether or not he has any knowledge
of or intends any violation of said article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
A duly appointed Dog Control Officer or any peace officer shall seize
and impound any dog found at large in violation of this article. The
Dog Control Officer or peace officer shall deliver such dog to a pound
or shelter or to the Society for the Prevention of Cruelty to Animals
and notify the Village Clerk of the identity of the owner of the dog
if the same can be established. If the dog's owner can be properly
identified, then the dog shall be held and maintained for a period
of 10 days for redemption or, if it cannot be properly identified,
for a period of five days; thereafter, it may be held and offered
for adoption for an indefinite period or humanely destroyed, at the
discretion of the Dog Control Officer.
B.
The fact that a dog is without a current dog license tag attached
to the dog's collar or harness as provided in Article 7, § 109,
of the Agriculture and Markets Law shall be presumptive evidence that
the dog is unlicensed.
C.
Any person claiming a dog from the pound or shelter or the Society
for the Prevention of Cruelty to Animals must produce a license for
such dog and pay the cost of confinement. If the dog is not licensed,
a license must be provided, and the owner will also be subject to
a fee set by resolution of the Board of Trustees.
[Amended 6-23-2003 by L.L. No. 2-2003]
Any person aggrieved by any dog, as defined in § 115-9 of this article, may, on his or her own motion, apply to any court having jurisdiction for all the relief the law provides.
Any person committing an offense against or violating any section
or provision of this article shall, upon conviction, be punished by
a fine not exceeding $25 for the first offense, $50 for the second
offense and $100 for the third and subsequent offenses.
