[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:
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[1]]
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[1]]
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.
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.
A person employed with the Town of Hempstead Animal Shelter
and Control Division.
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.
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.
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.
Any dog carrying an identification tag as provided in this
article.
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.
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.
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.
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.
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.
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.
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.
A.
Dogs at large prohibited; restraining dogs outdoors.
(1)
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."
(2)
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.
(3)
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.
B.
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:
(1)
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;
(2)
Is embedded, partially embedded or may become embedded in the dog's
skin;
(3)
Weighs more than 1/8 of the dog's total body weight, but in
no event shall such weight exceed 10 pounds;
(4)
Is less than 10 feet in length for a running cable trolley and 15
feet in length for a tether to a stationary object;
(5)
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;
(6)
Is not designed for dogs;
(7)
Has weights attached or contains links that are more than one-quarter-inch
thick;
(8)
Because of its design or placement is likely to become entangled
around itself, the dog, objects or other animals;
(9)
Is long enough to allow the animal to move outside of its owner's
property; and
(10)
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.
C.
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.
D.
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.
E.
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.
A.
The violation order or summons shall:
(1)
Be in writing;
(2)
Identify the premises;
(3)
Specify the violation and remedial action to be taken;
(4)
Provide a reasonable time limit for compliance unless otherwise extended
by the Village;
(5)
State the time within which an appeal may be taken; and
(6)
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.
B.
A violation order or summons may be served as follows:
(1)
By personal in-hand service; or
(2)
By mailing, by registered or certified mail, to the property owner,
in accordance with this article; or
(3)
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.
C.
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.
