[Amended 11-5-1996 by L.L. No. 5-1996]
It shall be unlawful for any person at any time to own, harbor or possess a dog within the territorial limits of the Incorporated Village of New Hyde Park, unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law of the State of New York and, if such dog is a vicious dog as defined in § 80-3 of this chapter and subject to the provisions of Subsection C of this section, the owner of such dog is currently in compliance with all additional requirements as set forth and prescribed in Subsection B of this section. For the purposes of this subsection, the fact that a dog is without a tag attached to its collar, as provided in Article 7 of the Agriculture and Markets Law, shall be presumptive evidence that such dog is unlicensed.
Notwithstanding any contrary provisions of this section or this chapter, the following specific requirements shall apply with respect to every dog defined as a "vicious dog" under § 80-3 of this chapter:
The owner of a vicious dog shall obtain a policy of general liability insurance, in minimum coverage limits of at least $100,000 per person per occurrence and for a renewable coverage term of at least one year, specifically insuring such owner against all claims for personal injuries, related medical expenses and consequential damages which might be caused or inflicted by such dog. Proof of such insurance coverage, in the form of a certificate of insurance, shall be filed with the licensing agent as a condition precedent to the issuance of any license for such dog required by this section; and where the licensing agent shall be other than the Village Clerk of the Village of New Hyde Park, a duplicate original of the aforesaid certificate shall be promptly mailed to such Village Clerk. For the purposes of the foregoing, the certificate of insurance shall show the owner of the dog as the named insured, shall identify the "Village of New Hyde Park, 1420 Jericho Turnpike, New Hyde Park, New York 11040" as the certificate holder and shall expressly provide on the face thereof that in the event that the policy described therein shall be canceled or materially changed before the expiration date of such policy, the issuing insurance company will mail 30 days' advance written notice to the said certificate holder.
The owner of a vicious dog shall continuously maintain, in full force and effect, the liability insurance policy required by this subsection until the death of such dog or until such owner either has ceased, in fact, to own such dog or has actually and permanently removed such dog from the territorial limits of the village.
No person shall be entitled to obtain or renew a license for a vicious dog unless that person is at least 21 years of age at the time of application for such license. Every applicant for such license shall present valid and acceptable proof of age to the licensing agent at the time of making such application.
With respect to any dog which was otherwise validly licensed as of the effective date of this section, the provisions of this section shall apply, with full force and to immediate effect, as of the day next succeeding the expiration date of such license; whereupon such dog shall not continue to be owned, harbored or possessed within the village unless and until such license shall have been replaced, extended, renewed or reissued in strict compliance with all applicable provisions of this section.
The Village Clerk is hereby designated and empowered to act as the regular licensing agent in connection with all provisional requirements of this section. However, if such function and duty has already been or shall hereafter be transferred by written agreement to the Town Clerk of the Town of North Hempstead, then in either such event, and for the purposes of this subsection, the said Town Clerk shall be deemed the regular licensing agent and shall be deemed vested hereby with full power and authority to carry out and administer and otherwise see to the enforcement of each of the provisional requirements of this section as they may now or hereafter apply in and to the Incorporated Village of New Hyde Park.
The failure of an owner of a vicious dog either to obtain or to maintain the requisite insurance as provided in Subsection B of this section is hereby declared to be unlawful and a criminal offense. Each such offense is hereby designated a Class B misdemeanor as defined in Article IIA of Chapter 1 of the Village Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections D, E and P of § 1-27 of that article.
[Amended 11-5-1996 by L.L. No. 5-1996; 11-16-1999 by L.L. No. 4-1999]
It shall be unlawful for any dog to be in or upon any public place or on private property without the consent of the owner or person in possession of such private property, unless such animal is under the control of the person owning or possessing such animal and unless such animal is effectively restrained at all times by a leash or other restraining device not exceeding six feet in height. A person owning or possessing a dog which is not so restrained, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this article. It shall be presumed that the presence of a dog on private property of a person other than the dog's owner or possessor is without the consent of the owner or person in possession of such private property.
It shall be unlawful for any person to remove, permit or cause to be removed a leash, chain or other restraining device or muzzle, if the dog is muzzled, from any dog while it is in or upon a public place or to entice any dog into or out of any enclosure or premises for the purpose of taking off its leash, chain, restraining device or muzzle or to seize or molest any dog while held or led by any person while such dog is properly leashed, chained, restrained or muzzled. Any person who engages in the aforesaid conduct, with or without the knowledge, consent or fault of the person owning or possessing such dog, shall be guilty of a violation of this article.
It shall be unlawful for any dog, whether leashed or unleashed, to be in or upon any park, playground, public building, school or hospital or any business establishment in which food or beverages are sold, served, dispensed or consumed by members of the public. Any person who violates the provisions of this subsection shall be guilty of a violation of this article.
It shall be unlawful for any person to have, keep, harbor or permit to be kept on any premises within the village any dog which, by prolonged howling, barking or whining, shall disturb the neighborhood.
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or urinate or commit any nuisance in or upon any public place nor on any private property without the permission of the owner of said property. The restrictions in this section shall not apply to that portion of a street lying between the curblines, which shall be used to curb such dog under the following conditions:
The person who so curbs such dog must immediately remove all feces deposited by such dog by a sanitary method by placing the same in a plastic bag and depositing such bag in a container for the disposal of refuse.
Feces must also be removed in the manner above provided from all places stated in Subsection B below.
Feces shall never be deposited in sewers or drains, whether storm or sanitary.
No person having the right and ability to prevent the same shall knowingly or carelessly or negligently permit any dog or other animal to commit any nuisance upon any public place or upon the floor of 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 on a public place; or upon the floor of any theater, store, factory or any structure, building or place which is used in common by the public, including all public rooms or places therewith connected; or upon the roof of any house; 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; nor shall any person omit to do any reasonable and proper act or take any reasonable and proper precaution to prevent any such dog or other animal from committing such nuisance in, on or upon any of the places or premises herein specified. The obligation to remove feces as above required shall apply if the dog deposits feces in any place mentioned herein.
It shall be unlawful for any dog to chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear by such person or to put such person in reasonable apprehension of bodily harm or injury. The person owning or possessing the dog committing an act prohibited herein, with or without the knowledge, consent or fault of such person, shall be guilty of a violation of this article.
Any dog found on public property or on private property without the consent of the owner or person in possession of such private property, which is not effectively restrained by a chain or leash as provided in § 80-21 of this article or any dog found to be in a prohibited area provided for in § 80-21C of this article or any dog unidentified or unlicensed as provided in Article 7 of the New York State Agriculture and Markets Law shall be subject to seizure by any peace officer, police officer, designated animal warden or authorized village official and confined in a shelter duly designated by the Board of Trustees of the Incorporated Village of New Hyde Park, and any such dog so seized shall be subject to redemption or to destruction or disposition in accordance with the regulations of the person acting or designated as the Dog Warden of the village or in accordance with the regulations of the shelter in which such animal is confined after seizure. Any animal seized by any person other than an animal warden of the Town of North Hempstead shall not be impounded in the animal shelter of such town but shall be impounded and confined only in such other shelter or facility as provided, designated or approved by the Village Board of Trustees.
The Board of Trustees of the village may, from time to time, appoint any official or person to act as Dog Warden of the Village of New Hyde Park and may contract with the Town of Hempstead and Town of North Hempstead to deputize and designate the dog wardens or dogcatchers of such towns to act as the Dog Warden and dogcatcher for the Incorporated Village of New Hyde Park. Any person so designated, authorized or deputized by the Village Board shall have all the aforesaid powers provided by law and by the provisions of this chapter.
Any person designated, deputized or authorized to act as a Dog Warden or dogcatcher for the Village of New Hyde Park who shall observe a violation of any section of this article shall be authorized to issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed and in accordance with the provisions of the New York State Agriculture and Markets Law and the Criminal Procedures Law of the State of New York.
Any person observing the violation of any section of this article may personally appear at the office of the Village Court Clerk and report such violation. Said person may also sign and swear to the appropriate accusatory instrument as required by law and thereby commence prosecution of the alleged violator.
[Amended 11-5-1996 by L.L. No. 5-1996; 11-16-1999 by L.L. No. 4-1999]
Except as specifically provided under Subsection E of § 80-20 of this article, a violation of any provision of that section or of any other section of this article is hereby declared to be unlawful and a petty offense and 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.