[HISTORY: Adopted by the Board of Trustees of the Village of Island Park as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 27; amended 5-28-1964; 4-22-1971]
As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner and not under the control of the owner or a member of his immediate family, either by leash, cord or chain.
- Both male and female.
- Any person or persons, firm, association or corporation owning, keeping, possessing or harboring a dog.
No owner or keeper of any dog shall permit such dog to run at large at any time, whether licensed or unlicensed.
No owner shall have or keep or permit to be kept on any premises owned or occupied in whole or in part by him within the corporate limits of the Village of Island Park any dog or other animal which, by its howling or whining, shall annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities.
[Amended 11-16-2006 by L.L. No. 15-2006]
Any dog found running at large within the Village may be seized by any Animal Control Officer, peace officer or animal warden and may be confined and impounded in the public pound maintained by the Town of Hempstead. Any such dog so impounded shall be confined for a period of five days and may be redeemed by the owner upon proof of license and by paying a fee for the cost of the seizure as set from time to time by the Board of Trustees. If the seizure occurs on weekends, holidays or before 9:00 a.m. or after 3:00 p.m. on days in which the Village Hall is open, the owner must pay an additional fee as set from time to time by the Board of Trustees. If not so redeemed, the owner shall forfeit all title to the dog and the dog shall be sold or destroyed by the keeper of the pound or other authorized representative.
No liability shall be imposed upon any Animal Control Officer, peace officer or animal warden nor the Village or any employee thereof for action taken pursuant to the provisions of this article.
[Added 9-21-1978 by L.L. No. 6-1978]
No owner or person in charge of any dog shall permit such dog to urinate or defecate on any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park, beach, or on any public property or private property except upon the property of such owner or except on that portion of a street lying between the curblines which shall be used to curb such dog under the following conditions:
[Amended 9-21-1978 by L.L. No. 6-1978]
Any person committing an offense against this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each offense, or by both such fine and imprisonment.
[Adopted 2-16-2017 by L.L. No. 3-2017]
As used in this article, the following terms shall have the meanings indicated:
- All species of mammals except humans, including dogs, as well as all species of birds.
- AT LARGE
- Off the premises of the owner, and not under the control of the owner or a member of the immediate family, either by leash, cord or chain.
- Any member of the species Canis familiaris.
- DOG CONTROL OFFICER
- A person employed with the Town of Hempstead Animal Shelter and Control Division.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- IDENTIFIED DOG
- Any dog carrying an identification tag as provided in this article.
- INCLEMENT WEATHER
- Conditions that are likely to adversely affect the health and safety of a dog, including but not limited to rain, sleet, ice, snow, wind, temperatures below 32° F. and above 95° F., extreme heat and cold, or other conditions for which the National Weather Service or other weather service shall issue a weather advisory.
- Any person or persons, firm, association or corporation owning, keeping, possessing or harboring a dog.
- OWNER OF RECORD
- The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
- PERSON WITH DISABILITY
- Any person with a physical impairment which is permanent and severely limits such person's mobility, or a person who is unable to ambulate without the aid of a wheelchair or other prosthetic device.
- PHYSICAL CONDITION
- Any special medical needs of an animal due to disease, illness, injury or breed about which the owner or person with custody or control of the animal should reasonably be aware.
- POLICE WORK DOG
- Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
- Any person who resides within the geographical limits of the Village of Island Park.
- SERVICE DOG
- Any dog that is trained to aid a person with a disability and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.
- UNATTENDED OUTSIDE
- Animals that are left outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, or any other permanent structure in excess of 30 minutes.
Any dog four months of age or older harbored or otherwise kept in the Village shall be required to have a dog license. No license shall be required for any dog which is under the age of four months and which is not at large. Such license shall be suspended from a dog's collar and worn at all times both on and off the dog owner's premises. A license shall be renewed after a period of one year, beginning with the first day of the month following the date of issuance, and shall be renewable annually thereafter prior to the expiration date. Dog licenses can be obtained from the Town of Hempstead Clerk's office.
The number of dogs that can reside in a home is four.
Dogs at large prohibited; restraining dogs outdoors.
It shall be a violation of this section for any owner to permit a dog, whether or unlicensed, to be at large within the Village other than on the owner's premises. For purposes of this section, a dog on a leash of six feet or more shall be considered a "dog at large."
No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to a stationary object outdoors, or cause such animal to be so restrained, for longer than two continuous hours in any continuous twelve-hour period. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash.
Any person who tethers, leashes, fastens, secures, restrains, chains or ties a dog to a stationary object outdoors shall provide such animal with adequate food, water and shelter, and shall restrain the dog with a device having swivels at both ends that is of an adequate length for the type, age and size of the dog being restrained; provided, however, that the requirement to provide adequate food, water and shelter shall not apply to a person who restrains a dog for a period of time that is 15 minutes or less in duration.
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time with a device that:
Is a choke collar or pinch collar; or similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking or substantial discomfort to the dog;
Is embedded, partially embedded or may become embedded in the dog's skin;
Weighs more than 1/8 of the dog's total body weight, but in no event shall such weight exceed 10 pounds;
Is less than 10 feet in length for a running cable trolley and 15 feet in length for a tether to a stationary object;
Is too short to allow the dog continuous access to adequate food, water, and shelter or to urinate or defecate in an area separate from where it must eat, drink, or lie down;
Is not designed for dogs;
Has weights attached or contains links that are more than one-quarter-inch thick;
Because of its design or placement is likely to become entangled around itself, the dog, objects or other animals;
Is long enough to allow the animal to move outside of its owner's property; and
Would allow the restrained animal to move over an object, including but not limited to any type of fencing or barrier or edge that could result in the strangulation of or injury to such animal.
Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie, or restraint shall be attached to a properly fitting collar or harness designed for this purpose worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with Subsection B(1) above.
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure, or restrain any dog for any amount of time if such dog is under six months of age.
Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain more than one dog at a time on a permissible device.
If the Village finds that there has been a violation of this article, the Village shall issue a violation order, or upon the inspection and assessment of the code enforcer in regards to public safety shall issue a summons, to the person or persons responsible.
The violation order or summons shall:
Be in writing;
Identify the premises;
Specify the violation and remedial action to be taken;
Provide a reasonable time limit for compliance unless otherwise extended by the Village;
State the time within which an appeal may be taken; and
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified on the violation order or summons, the Village may remedy the violation.
A violation order or summons may be served as follows:
By personal in-hand service; or
By mailing, by registered or certified mail, to the property owner, in accordance with this article; or
If no owner or other party upon whom an order may be served can be located, then by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the last known owner.
For any and every violation of the provisions of this article, the owner, general agent or manager of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $250 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each day the violation continues shall constitute a separate additional offense.