The Village Board has determined that the running at large and other
uncontrollable behavior of dogs have caused physical harm to persons and damage
to property and have created nuisances within the village. It is the intent
of the Village Board in the enactment of this article to protect the health,
safety and well-being of persons and property by imposing restrictions on
persons owning, possessing or harboring dogs within the village.
No person shall own or possess a dog within the village unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law. Licenses shall be procured from the Town Clerk's office
of the Town of North Hempstead upon payment of the fees prescribed therefore
by law. The fact that a dog is without a tag attached to the collar, as provided
in Article 7 of the Agriculture and Markets Law, shall be presumptive evidence
that such dog is unlicensed.
It shall be unlawful for a dog to be on public property or on private
property without the consent of the owner or person in possession of such
private 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
six 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 owner or possessor
is without the consent of the owner or person in possession of such private
property.
No person owning, harboring, keeping, walking or in charge of any dog
shall cause, suffer or permit such dog to soil, defile, defecate on or commit
any nuisance on any public property or on any private property without the
permission of the owner or person in possession of such private property.
The restriction in this section shall not apply to that portion of a street
lying between the curblines, which portion may be used to curb such dog under
the following conditions:
A.
Any person who so curbs a dog shall immediately remove
all feces deposited by such dog as follows:
(1)
Feces shall be picked up with a scoop, shovel, tong or
other similar implement and be deposited directly in an airtight container,
plastic or otherwise, and then subsequently deposited in a container used
for the disposal of refuse or by any other method approved by and published
by the Board of Trustees in the official newspaper of the village.
(2)
In no event shall any feces be deposited in sewers or
drains, whether storm or sanitary.
It shall be unlawful for a 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. A person owning or possessing a 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 section.
It shall be unlawful for a dog to engage in habitual or frequent loud
howling, barking, crying or whining so as unreasonably to disturb the comfort
or repose of any person in the immediate vicinity. The person owning or possessing
a 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 section.
Any dog found on public property or on private property without the consent of the owner or person in possession of such property, which is not effectively restrained by a chain or leash as provided in § 74-8 of this article, or any dog unidentified or unlicensed as provided in Article 7 of the Agriculture and Markets Law shall be seized by any duly appointed Animal Warden or peace officer and thereafter confined in the animal shelter until disposition is made pursuant to § 74-13 of this article. Any such dog that cannot be safely seized may be destroyed by any duly appointed Animal Warden or peace officer.
The owner or authorized agent of the owner of any dog seized pursuant to § 74-12 of this article may redeem such dog within 12 days of seizure by paying to the Director of the animal shelter a redemption fee of $10 as the cost of the seizure, plus a fee of $3 for each day or part thereof that such dog is confined to the animal shelter, together with any expenses incurred by the animal shelter or the village for necessary professional veterinary services rendered in the treatment of such dog, together with the applicable license fee if such dog is unlicensed. If not so redeemed, the owner of such dog shall forfeit all title to the dog, and the dog shall be offered for adoption or destroyed and the carcass of such dog disposed of in a sanitary manner by the Director of the animal shelter.
The owner or authorized agent of the owner of a dog licensed by the
town may voluntarily surrender such dog to the animal shelter upon payment
of a surrender fee of $5. Upon surrender, the owner shall forfeit all title
to such dog, and such dog may be offered for adoption or destroyed by the
Director of the animal shelter in a safe and sanitary manner.
Any dog offered for adoption pursuant to §§ 74-13 and 74-14 of this article may be adopted upon payment of a nonrefundable adoption fee of $5, together with the applicable license fee, to the Director of the animal shelter. No representation or warranty will be made by the town or village as to the health condition of any dog offered for adoption. Except when made by an incorporated society dedicated to the care of lost, stray or homeless animals, adoption will be made upon the condition that such dog shall not be used for experiments or for commercial resale or disposal of any sort.
