This chapter shall be known and may be cited as the "Animal Control
Law of the Village of New Hyde Park."
The safety, health, comfort and welfare of village residents, the preservation
and protection of their real and personal property and the maintenance of
a healthful and clean environment are matters of vital concern to the village
legislature. The Board of Trustees has determined that the running at large
and other uncontrolled behavior of dogs, cats and other household pets and
the unrestricted possession of animals in general have caused physical harm
to persons, damage to property and injury to the environment. It is the intent
of the Village Board in the enactment of this chapter to protect public and
private property, safeguard public health and improve the quality of the environment
by limiting the number and type of animals which may be owned or possessed
and by imposing restrictions on those persons owning or possessing animals
within the Village of New Hyde Park.
Unless otherwise expressly provided, for the purpose of this chapter,
the following words shall have the meanings herein indicated:
ANIMAL
Any sentient living organism typically capable of voluntary motion
and sensation, as distinguished from human beings and vegetable life.
ANIMAL WARDEN
Any individual appointed by the Town Boards of either the Town of
Hempstead or the Town of North Hempstead and designated or deputized by the
Board of Trustees of the Village of New Hyde Park or such other person appointed
by said Board of Trustees to assist in the enforcement of this chapter.
CAT
A domesticated carnivorous animal, whether male or female, of the
species Felis domesticus.
DOG
A domesticated carnivorous animal, whether male or female, of the
species Canis familiaris.
HARBOR
To provide food or shelter to any animal.
OWNER
The owner of record or any person who harbors any animal. If the
"owner" of an animal shall be under the age of 16 years, the parent or guardian
of such person shall be deemed the "owner."
OWNER OF RECORD
The person in whose name the dog or other animal was last licensed
pursuant to Article 7 of the State of New York Agricultural and Markets Law
or such other statute or law requiring the licensing of an animal.
PERSON
One or more natural persons of either sex, corporations, partnerships,
associations, societies (except those specifically authorized by law to perform
any act which may be prohibited by this chapter) and any other entity of capable
of suing or being sued.
POSSESSOR
A person having custody or control of any animal.
PUBLIC PLACE
An area or place to which the public or a substantial group of persons
has access, and includes, but is not limited to, sidewalks, walks, any unimproved
or unpaved space lying between the roadway and the property line, streets,
roads, avenues, boulevards, drives, courts or driveway aprons, parking fields
and all parts of the borders thereof, public buildings and the floors, walks,
hallways, entrances and exits thereof, and open areas surrounding the same,
playgrounds, parks, field, dirt areas on the exterior side of the fence surrounding
any school, schools, places of amusement, railroad depots and transportation
facilities, platforms and stairways thereof, and all squares and open areas
owned by the Village of New Hyde Park or any other governmental entity.
VICIOUS DOG
Any dog either owned, harbored or trained primarily or in part for
the purpose of dog fighting; or owned, harbored or trained primarily or in
part for the purpose of attacking a human being or domestic animal upon command;
or known by the owner to be or characteristically identifiable as, in whole
or in part, any breed known by the common term "pit bulls," which shall be
deemed to include dogs wholly or partly of any one or more of the breeds more
formally recognized and severally referred to as "American Staffordshire terrier,"
"American pit bull terrier," "bull terrier" and/or "Staffordshire bull terrier."
[Added 11-5-1996 by L.L. No. 5-1996]
No person shall own, harbor, possess or otherwise maintain or permit
to be owned, harbored, possessed or maintained within the Village of New Hyde
Park any animal of any type or description except the following domesticated
animals as household pets:
A. Dogs and cats, to a total combined number of three per
household.
B. Parakeets, canaries, parrots, mynahs, gerbils, hamsters,
rabbits and turtles, to a combined number of 12 per household.
It shall be unlawful for any person to:
A. Tie, hitch or in any other manner secure any animal to
any tree, hydrant, pole, parking meter stanchion, fence or other installation
upon or adjoining any public place.
B. Permit or take an animal upon any public place unless
it is safely leashed, muzzled or otherwise secured and in the charge of a
person of adequate age and discretion properly to control its actions.
C. To molest, torture, harm, injure, harass or cruelly treat
any animal.
[Amended 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this article is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter
1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections
B and
F of §
1-27 of that article.