Any owner, person possessing or person harboring a dog shall not suffer or allow the same to run loose or at large in any of the streets, avenues or public places of the Village; and no dog shall be permitted or suffered to be permitted in any public place, street or avenue within said Village unless such dog is properly and effectively restrained by a chain or leash not exceeding six feet long and unless accompanied by a person of suitable age and discretion.
[Amended 10-6-1997 by L.L. No. 9-1997; 8-7-2000 by L.L. No. 5-2000]
A. 
No person shall keep or harbor a dog which howls or barks in violation of this section.
B. 
It shall constitute a violation of this section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:
(1) 
For more than five minutes between the hours of 10:00 p.m. and 8:00 a.m.; or
(2) 
For more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
(3) 
For a shorter duration than the hours cited above, but on more than five occasions within a given ten-day period if attested to by complaints from two or more separate properties in the Village.
C. 
The provisions of this section shall be liberally construed to prevent excessive, unreasonable and unnecessary noise, so as to disturb or annoy a reasonable person of normal sensitivity.
D. 
It shall be a defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason that the dog was howling or barking was that the dog was being provoked by a person or was otherwise being incited, or was doing so in the course of acting as a guide dog, hearing dog, service dog or police work dog.
A. 
Quarantine, test required. If a dog of any age or either sex shall bite any person in the Village, said person, his or her parents or legal guardian shall forthwith notify the Village Clerk-Treasurer of said fact, together with all attendant circumstances, and the person owning, possessing or harboring said dog shall, within 24 hours after such biting, deliver said dog to a licensed veterinarian located within 20 miles of the Village and also shall serve upon the Village Clerk-Treasurer a statement, in writing, giving the name of such owner or person possessing or harboring such dog, the date of the biting, the address where the same occurred, the name and address of the person bitten, the name and license number of the dog and the name and address of the licensed veterinarian to whom said dog was delivered and the date of such delivery. Said dog shall then be held in quarantine by such veterinarian for a period of 10 days and given all proper tests for the purpose of determining the presence of rabies.
B. 
Report of test given. At the end of said period of quarantine or as soon as the existence of rabies may be determined by said veterinarian, the owner or person harboring such dog shall forthwith procure from said veterinarian and deliver to the Village Clerk-Treasurer a report certifying to the existence or nonexistence of rabies in said dog. The Village Clerk-Treasurer shall forthwith notify the person bitten or his or her parents or guardian of the contents of said report.
C. 
Expense. The expense of such examination, tests, quarantine and report shall be borne entirely by such owner, person possessing or person harboring such dog.
D. 
Private agreements prohibited. No agreement, express or implied, between such owner, person possessing or person harboring such dog and any person bitten or his or her parent or guardian purporting to waive the necessity for strict compliance with the provisions of this article shall be a defense to prosecution hereunder, as hereinafter provided.
[Amended 4-19-1971; 6-19-1978 by L.L. No. 10-1978; 3-1-1982 by L.L. No. 6-1982; 10-6-1997 by L.L. No. 9-1997; 8-1-2011 by L.L. No. 1-2012]
The Board of Trustees of the Incorporated Village of Cedarhurst hereby surrenders and defers to the Town of Hempstead the imposition of penalties for the violation thereof and the impoundment of dogs.
[Added 9-24-1968; amended 9-7-1971; 5-7-2012 by L.L. No. 6-2012]
A. 
No person who shall be the owner or possessed of or who shall house, harbor, walk or be in charge of any dog or animal shall permit any dog or animal to urinate or defecate on any public highway, private property, except upon the property of such person or except on the vehicular portion of any public highway. In the event that such dog or animal is permitted to defecate on any public highway, public property or private property, except upon the property of such person or except on the vehicular portion of any public highway, then the person who is the owner or possessed of or who shall house, harbor, walk or be in charge of any dog or animal shall pick up, remove and dispose of such droppings deposited.
B. 
Every person violating the foregoing shall, upon conviction, be punishable as proved by § 76-10 of this article.
[Added 9-24-1968; amended 10-6-1997 by L.L. No. 9-1997]
Any person violating any provision of this article shall be liable to a penalty set in accordance with Chapter 1, Article III, General Penalty.
[Added 6-2-1980 by L.L. No. 4-1980; amended 10-6-1997 by L.L. No. 9-1997; 8-1-2011 by L.L. No. 1-2012]
The Board of Trustees of the Incorporated Village of Cedarhurst hereby surrenders and defers to the Town of Hempstead the imposition of penalties for the violation thereof and the impoundment of dogs.
[1]
Editor's Note: Former § 76-12, Fee for required licensing, added 4-5-1982 by L.L. No. 12-1982, as amended, was repealed 8-1-2011 by L.L. No. 1-2012.