[Adopted 6-10-1980 by L.L. No. 1-1980]
No person who owns, possesses or harbors a dog
(male or female) shall permit, allow, suffer or tolerate such dog,
whether or not tagged or licensed, to run loose or at large elsewhere
than on the premises of the owner, except it be on the premises of
another person with the knowledge and consent of such other person.
The owner or person having the custody and control of a dog in the
Village of Baxter Estates which is not on the premises of the owner
or upon the premises of another person with the knowledge and consent
of such other person shall control and restrain such dog by a chain
or leash not exceeding six feet in length.
Any person owning, possessing or harboring a
dog, whether or not tagged or licensed, who fails to exercise due
care in preventing such dog from running loose and at large shall
be guilty of a violation of this article. The presence of any dog
which is loose and at large shall be presumptive evidence that the
person who owns, possesses or harbors such dog suffers or tolerates
it to be loose and at large in violation of this article and shall
be presumptive evidence that such person has failed to exercise due
care in preventing such dog from running loose and at large in violation
of this article.
[Amended 9-19-2005 by L.L. No. 1-2005]
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 aforesaid, or any dog unidentified or unlicensed as provided in Article 7 of the Agriculture and Markets Law, shall be seized by any duly appointed Town of North Hempstead Animal Warden or peace officer or by any Dog Control Officer, peace officer or officer or representative duly appointed by the Village and thereafter confined in the Town of North Hempstead Animal Shelter, if seized by a duly appointed Town of North Hempstead Animal Warden or peace officer, or in a pound maintained by the Village or a dog protective association or a Society for the Prevention of Cruelty to Animals, if seized by a Village Dog Control Officer, peace officer or other duly authorized officer or representative, until disposition is made pursuant to § 71-9 of this article. Any such dog that cannot be safely seized may be destroyed by any duly appointed Town of North Hempstead Animal Warden or peace officer or by any duly appointed Village Dog Control Officer, peace officer or other authorized officer or representative.
If the dog seized bears a license tag, the officer or representative of the Village shall ascertain the owner of the dog and shall give immediate notice to such owner or an adult member of his family that the dog has been seized and will be destroyed unless redeemed within the period in § 71-9 hereof.
[Amended 9-19-2005 by L.L. No. 1-2005]
A.Â
The owner of a dog seized by a duly appointed Town
of North Hempstead Animal Warden or peace officer may redeem such
dog in accordance with provisions of the Town of North Hempstead Code
by paying to the Director of the Town of North Hempstead Animal Shelter
such redemption fee or fees as are required by the Town, together
with any expenses incurred by the Town 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 by the
Director of the Town of North Hempstead Animal Shelter. The carcass
of any such dog destroyed shall be disposed of by the Director of
the Animal Shelter in a safe and sanitary manner.
B.Â
The owner of a dog seized by a duly appointed Village
Dog Control Officer, peace officer or other authorized officer or
representative of the Village may redeem the dog within five days
of seizure for unidentified dogs, seven days of seizure for identified
dogs whose owners have been personally notified and nine days for
identified dogs whose owners have been notified by mail by paying
to the Clerk of the Village such redemption fee or fees as are required
by the Village, together with any expenses incurred by the Village
for necessary professional veterinary services rendered in the treatment
of such dog. In addition, such owner must have obtained a license
tag for the dog 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 by the Village. The carcass
of any such dog destroyed shall be disposed of by the Village in a
safe and sanitary manner.
The Town Animal Warden or peace officer observing
a violation of any section of this article shall issue and serve an
appearance ticket for such violation. The appearance ticket shall
be in the form prescribed and in accordance with provisions of the
Agriculture and Markets Law and the Criminal Procedure Law.
[Amended 9-19-2005 by L.L. No. 1-2005; 8-6-2015 by L.L. No. 2-2015]
Each and every violation of, or failure to comply with, any provision of § 71-5 or § 71-6 of this article shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each and every day on which any such violation or failure occurs or continues shall constitute a separate violation.
