[Added 11-7-1989 by L.L. No. 7-1989]
A.Â
It is hereby found and determined that the regulation
and control of vicious dogs is a matter of grave concern and that
these dogs pose a serious danger to the public health, safety and
welfare.
B.Â
In the past few years unpredictable dangerous and
vicious dogs have, with and without provocation, attacked and seriously
injured and killed individuals across the country, with children or
the elderly being the most frequent victims.
As used in this article, the following words
and terms shall have the following meanings:
Any dog:
Which, when unprovoked, approaches any person
upon the streets, sidewalks or on any public grounds or places in
a vicious or terrorizing manner or in any apparent attitude of attack.
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals.
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property.
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
Notwithstanding the foregoing, except pursuant to Subsection A(4) above, no dog may be considered to be a dangerous/vicious dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Any person other than the owner of a dangerous/vicious dog
who harbors or has in his or her possession a dangerous/vicious dog
or manages, controls or cares for a dangerous/vicious dog.
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits an animal to remain on premises occupied
by him.
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is no
bottom, with sides which extend at least one foot underground, and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children.
Any dog owned, harbored or trained primarily
or in part for the purpose of dog fighting.
Any dog owned, harbored or trained primarily
or in part for the purpose of attacking a human being or domestic
animal upon command.
Any dog known by the owner to be or identifiable
as, in whole or in part, of a breed commonly known as a "pit bull,"
which shall include dogs wholly or partly of the breeds known as "American
Staffordshire terrier," "American pit bull terrier," "bull terrier"
and "Staffordshire bull terrier," but shall not include any purebred
dog of the breed "bull terrier" or "Staffordshire bull terrier" which
is registered as such with the American Kennel Club.
No person should suffer, permit or allow any
dangerous/vicious dog to remain unconfined on property within the
Village of Hempstead or to go beyond the boundaries of such property
unless such dog is securely muzzled and restrained with a chain having
a minimum tensile strength of 300 pounds and not exceeding three feet
in length and is under the direct control and supervision of the owner
of the dog. The owner or keeper of a dangerous/vicious dog shall post
conspicuous notices on the perimeter of the property where such dog
is kept to warn persons of the nature of the dog confined therein.
A.Â
The provisions of this article shall not apply to:
(1)Â
Animal shelters designated by the Department of Health
to keep or hold animals, including all shelters operated by the American
Society for the Prevention of Cruelty to Animals.
(2)Â
Facilities which are maintained by or are under the
control of the Village.
(3)Â
Places of public exhibition, contest or show sponsored
by a dog club association or similar organization and persons who
have brought a dog temporarily within the jurisdiction of the Village
of Hempstead for the purpose of showing a dog to such an exhibition,
contest or show or for other entertainment purposes as defined in
regulations promulgated by the Village Board, provided that the sponsor
of the exhibition, contest, show or entertainment has obtained written
permission from the Village Board and has provided protective measures
adequate to prevent dogs from escaping or injuring the public.
(4)Â
Laboratories operated pursuant to § 504
of the Public Health Law or educational or scientific institutions.
(5)Â
Persons authorized to enforce the provisions of this
article.
B.Â
This article shall not be deemed to prohibit any business
transaction concerning a dog that is not physically present in the
Village.
The owner of any dangerous/vicious dog shall
register such dog with the office of the Village Clerk no later than
180 days after the effective date of this article.
A.Â
No owner of any dangerous/vicious dog shall be allowed
to register said animal unless such owner produces proof that he has
obtained liability insurance in the amount of at least $100,000 covering
any damage or injury which may be caused by such dog during the twelve-month
period for which registration is sought.
A.Â
Any police officer or code enforcement officer of
the Village of Hempstead is authorized to issue an appearance ticket
or uniform appearance ticket for the violation of any provision of
this article.
B.Â
Any animal which is observed running at large in violation
of the provisions of this article may be picked up or captured by
a dog warden, animal control officer, police officer or by any other
person or agency duly designated by the Village of Hempstead to perform
such service. Any such dog warden, animal control officer, police
officer or the authorized person or agency who picks up or captures
such animal shall be empowered to exercise such degree of force as
shall be necessary to effect such pickup or capture without intentionally
injuring or harming the animal.
C.Â
When the animal seized is a dog, it shall be held,
cared for and disposed of in a manner consistent with § 118
of the Agriculture and Markets Law of New York.
D.Â
Every reasonable effort will be made by the Village
of Hempstead to locate and notify the owner of the pickup or capture
of his or her animal. Upon such location and notification to the owner,
the Department of Health will return the animal to its owner within
a prompt and reasonable period of time, provided that such return
of the animal is not contrary to the provisions of this article. The
Village may require reasonable proof of ownership. The return of such
animal to its owner shall be deemed proof of ownership unless such
animal has a valid license tag pursuant to the provisions of the Agriculture
and Markets Law of the State of New York, in which case such tagging
shall be deemed proof of such ownership. The owner shall be subject
to the penalties provided in this article.
[Amended 7-7-2020 by L.L. No. 3-2020]
Any person violating any of the provisions of this article, as the same may be from time to time amended, shall be punishable by a fine and/or imprisonment in accordance with § 1-16 of the Village Code. Every dangerous dog or vicious dog that is not in compliance with the provisions of this article shall constitute a separate additional offense.
