[HISTORY: Adopted by the Board of Trustees of the Village
of Russell Gardens 6-5-1951 by Ord. No. 19; amended in its entirety 6-4-1957. Amendments
noted where applicable.]
[Amended 6-26-1979 by L.L. No. 5-1979; 11-19-1980 by L.L. No. 4-1980]
A.
No
person who owns, possesses or harbors a dog, male or female, shall
suffer or tolerate such dog to run loose or at large in any street,
sidewalk, lane or public or private place in the Village of Russell
Gardens or upon private property without the consent of the owner
or person in possession of such property. No dog shall be suffered
or tolerated at any time to be on such street, sidewalk, lane or public
or private place unless effectively restrained in the immediate custody
and control of the owner or custodian of the dog by a chain or leash
not exceeding six feet in length.
B.
Any
person owning, possessing or harboring a dog, male or female, who
shall fail to exercise due care in preventing such dog from running
loose or at large in any street, sidewalk, lane or public or private
place in the Village of Russell Gardens shall presumptively be guilty
of a violation of this chapter.
C.
The presence of any dog which is loose and at large in any street, sidewalk, lane or public or private place in the Village of Russell Gardens 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 Subsection A of this section 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 Subsection B of this section.
[Amended 6-26-1979 by L.L. No. 5-1979; 11-19-1980 by L.L. No. 4-1980]
A.
Any
dog found at large in any street, sidewalk, lane or public or private
place and not under effective restraint by a chain or leash, as aforesaid,
may be seized by any duly appointed Dog Warden, peace officer or duly
authorized officer or representative of the Village and confined and
impounded in the public pound maintained by the Village or by any
other pound duly designated by the Village pursuant to law. In the
event, however, pursuant to agreement between the Village and the
Town of North Hempstead, the Town Animal Warden shall seize such dog,
impounding shall be in accordance with such agreement, and the Town
Animal Warden observing a violation of the provisions of this chapter
is authorized to issue and serve appearance tickets for the violation
thereof.
B.
In
the event of any impounding of any dog hereunder, all procedures for
redemption and the like, including all fee structures, adopted by
the Town of North Hempstead shall apply to and for the Village.
[Added 5-8-1972; amended 6-2-1979 by L.L. No. 5-1979; 3-9-1982 by L.L. No.
3-1982]
No person who owns, possesses, harbors, keeps or is in charge
or control of a dog, cat or other animal shall cause, suffer, allow
or permit any such animal to soil, defile, defecate on or commit any
nuisance on any public highway, street, thoroughfare or walk used
in common by the public or any place where people congregate or on
any private property, without the permission of the owner thereof.
The restriction herein set forth shall not apply to that portion of
the street lying between the curblines, which shall be used to curb
such animal under the following conditions:
[Added 6-26-1979 by L.L. No. 5-1979]
The breeding of dogs the keeping or harboring of more than two
adult dogs or two adult cats; and the keeping of chickens, roosters,
ducks, pigeons, guinea fowl, pigs, swine, horses, donkeys, cows or
cattle is hereby declared a nuisance, and it shall be unlawful for
any person to commit or permit any such nuisance. For the purpose
of this section, any dog or cat over the age of six months shall be
considered adult.
[Added 6-26-1979 by L.L. No. 5-1979]
No person who owns, possesses or harbors a dog shall suffer,
permit or allow the dog to howl, bark or whine in a loud, offensive,
prolonged manner which shall unreasonably disturb any person residing
on premises other than where the dog is lodged.
[Added 10-4-2004 by L.L. No. 5-2004[1]]
No person shall feed, cause to be fed or provide food for any
wild animal or stray domestic animal, or bird or other fowl within
the Village of Russell Gardens. It shall constitute a violation of
this section to provide food or water for any domestic animal in an
outdoor location which is reasonably accessible to any wild animal
and/or stray domestic animal. Notwithstanding the foregoing, providing
food or water for birds in a feeder or watering facility shall not
be prohibited by this section so long as the container in which such
food or water is maintained is at least three feet above ground level.
[Amended 6-26-1979 by L.L. No. 5-1979]
A.
Any person violating any provision of § 17-1 of this chapter shall be subject to a fine of not more than $36 for a first offense and not more than $75 for a second offense and not more than $150 for a third and any subsequent offense, or such other fine as may hereafter be authorized or imposed by the Agriculture and Markets Law or any successor statute. Such fine may be recovered in a civil action in the name of the Village.
[Amended 6-4-1991 by L.L. No. 6-1991]
