[HISTORY: Adopted by the Board of Trustees as indicated in article
histories. Amendments noted where applicable.]
[Derived from Secs. 8.4 and 8.5 of the General Ordinances]
No building or structure or part thereof shall be used for housing of
fowl or domestic animals other than domestic cats and dogs.
No premise shall be used or occupied and no structure may be erected
or maintained for the harboring of pigeons, swine, goats, horses, donkeys,
rabbits, foxes, minks, skunks, or other similar fur-bearing animals or for
the keeping of bees.
[Added 5-3-2004 by L.L. No. 1-2004]
[Adopted 7-1-1957]
[Amended 4-7-1980 by L.L.
No. 1-1980; 5-3-2004 by L.L. No. 1-2004]
It shall be unlawful for a dog to be on public property or on private
property other than its owner's property unless the dog is effectively restrained
in the immediate custody and control of its owner or possessor by a chain
or leash not exceeding 6 feet in length. 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.
[Amended 4-7-1980 by L.L.
No. 1-1980; 5-3-2004 by L.L. No. 1-2004]
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 § 35-4 of this article or any dog unidentified or unlicensed as provided in New York State Agriculture and Markets Law Article 7 shall be seized by any duly appointed Animal Control Officer or Peace Officer and thereafter confined in the Town of North Hempstead Animal Shelter. Any such dog that cannot be safely seized may be destroyed by any duly appointed Animal Control Officer or Peace Officer or duly authorized officer of the Village.
The impounding of, redemption of, the destroying of, and the disposal
of a dog or dogs shall be in accordance with the regulations and laws of the
Town of North Hempstead pertaining thereto.
[Added 5-6-1991 by L.L. No.
2-1991; amended 5-3-2004 by L.L. No. 1-2004]
No person owning, harboring or possessing any dog or cat shall allow
it to defecate on any common thoroughfare, sidewalk, play area, park or on
any public property, nor on any private property without the permission of
the owner of said property. The foregoing restriction shall not apply to that
portion of any street lying between the curblines, so long as all feces deposited
by such dog or cat shall be immediately removed and disposed of by any sanitary
method. No dog or cat feces shall be deposited in the Village storm drains.
[Added 4-6-1992 by L.L. No.
1-1992; amended 5-3-2004 by L.L. No. 1-2004; 7-2-2007
by L.L. No. 3-2007]
A.
No person shall own, harbor or possess more than 3 dogs or cats,
of any sex or breed, on any one residential property within the Village. For
purposes hereof, “harbor” or “harboring” shall mean
providing shelter, food, sustenance or recreational facilities, or any combination
of same for any dog or cat. By way of example, and not in limitation, “harboring”
shall include permitting or suffering the presence of any dog or cat on any
residential property within the Village, inside of any primary or accessory
structure on any such residential property, or in any temporary or makeshift
structure or cover, comprised of any combination of materials, designed or
reasonably likely to be used, for the purpose of providing shelter to any
dog or cat; or providing food, water or any consumable liquid, in any containers
designed for use, or reasonably likely to be used by, a dog or cat; or providing
on any residential property within the Village play materials or devices or
recreational materials or devices used to attract, or reasonably likely to
attract, domestic dogs or cats on to any residential property within the Village.
B.
The presence on any one residential property of more than 3 dogs or cats at any one time shall be presumptive evidence that the owner of said property is in violation of this section. It shall be an affirmative defense to any alleged violation of this section that all persons residing at such property own, in the aggregate, not more than 3 dogs or cats, and that no person residing at such property has caused, suffered or permitted to exist any of the instances of “harboring” set forth in Subsection A of this section.
C.
For the purposes of this section, it shall be presumed that any
dog or cat harbored in a residential dwelling is owned, harbored and possessed
by all adults residing in the residential dwelling wherein the dog or cat
is being harbored.
D.
Violations; appearance tickets.
(1)
The Animal Control Officer of the Town of North Hempstead observing
a violation of any provision of this section shall be authorized to issue
and serve an appearance ticket for such violation.
(2)
Any person observing a violation of any provision of this section
may personally appear before the Village 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.
E.
Any person or persons who shall violate any provision of this section shall, upon conviction, be punishable as set forth in § 35-9 below.
F.
All persons subject to this section shall have 90 days from the
effective date hereof to comply with this section.
[Amended 9-12-1988 by L.L.
No. 2-1988; 5-3-2004 by L.L. No. 1-2004; 7-2-2007
by L.L. No. 3-2007]
In addition to or as an alternative to any penalty provided herein or by law, any person who violates any provision of this Article II shall be guilty of a violation punishable by a fine not to exceed $1,000 for conviction of a first offense; upon conviction for a second offense, both of which were committed within a period of 5 years, punishable by a fine not less than $1,000 nor more than $3,000; and upon conviction for a third or subsequent offense, all of which were committed within a period of 5 years, punishable by a fine not less than $3,000 nor more than $5,000.
