[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 9-25-2003 by L.L. No. 10-2003. Amendments noted
where applicable.][1]
GENERAL REFERENCES
Noise — See Ch. 106.
As used in this chapter, the following terms
shall have the meanings indicated:
The establishment or maintenance of any hive, stand, or box
where bees are kept.
Includes any member of the dog family not customarily domesticated
for living with a household by man.
Includes any member of the cat family not customarily domesticated
for living with a household by man.
Includes any ungulate animal not customarily domesticated
for living with a household by man.
Includes any pen, coop, or similar structure for small animals,
including, but not limited to, rabbits.
Includes kangaroos, wombats, bandicoots, opossums, and related
animals.
Includes any mammal having more than four digits with nails
on hands and feet, binocular vision, a large brainpan and other such
characteristics. "Primate" does not include any Homo sapiens.
Includes any chicken, duck, goose, pigeon, or other fowl;
bear, cow, donkey, goat, horse, sheep, swine, or other hoofed animal;
canine; feline; marsupial; primate; raptor; or reptile.
Includes any bird of prey.
Includes any venomous member of the class of Reptilia of
the families Elapidae (cobras, coral snakes, kraits, mambas), Hydrophiidae
(sea snakes), and Viperidae (adders and vipers); of the general Heloderma
(beaded lizards and Gila monsters) and Thelotornis (bird snakes);
and of the species Dispholidis typus (boomslang); and any nonvenoumous
member of the order Crocodylia (alligators, caimans, crocodiles) and
of the following species: Eunectes murinus (anaconda), Liasis amythstinus
(amethystine python), Python molusus (Burmese python, Ceylonese python,
Indian python), Python reticulatus (reticulated python), and Python
sebae (African rock python).
The following are hereby declared to be nuisances,
unlawful, and prohibited within the Village:
A.
No person owning, possessing, harboring, or keeping
an animal within the Village shall suffer, permit, or allow such animal
to disrupt the comfort or repose of a reasonable person of normal
sensitivities within the Village by frequent or continuous noises,
such as, but not limited to, howling, barking, or whining.
B.
All animals harbored or kept within the Village shall
be cared for, maintained, and handled in a humane and sanitary manner.
C.
Any person who harbors or keeps a prohibited animal within the Village on the date that this chapter becomes effective, or who would suffer a significant hardship in complying with § 48-2, may make application to the Board of Trustees for relief. In the event that relief is granted by the Board of Trustees, such relief can be conditioned upon the life of an animal, the continued residency of a particular individual, a limited period of time (with a right to seek a renewal of such period), or such other factors as may be appropriate under the circumstances.
The following regulations shall hereafter apply
to the restraining of dogs within the Village of Kings Point.
A.
Any person owning, possessing, harboring or having
custody of a dog (male or female), whether or not tagged or licensed,
shall be guilty of a violation of this chapter if such dog is not
restrained by a leash not exceeding six feet in length while such
dog is off the owner's premises.
B.
It shall be an affirmative defense to any prosecution
for a violation of this chapter that if such dog was unrestrained
on the premises of another person, such dog was unrestrained on said
premises with the knowledge and consent of such other person.
C.
Any dog, whether or not tagged or licensed, found not to be restrained as aforedescribed in Subsection A of this section, may be seized by any duly appointed dog warden or peace officer or by any duly authorized officer or representative of the Village or Town of North Hempstead and confined and impounded in a pound maintained by said town or a dog protective association or a society for the prevention of cruelty to animals, pursuant to an agreement between the Village and such town, association or society.
D.
If the dog seized bears a license tag, the warden or officer or representative of the Village or town shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or a member of his family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within the period specified in Subsection E hereof.
E.
The owner of a dog seized may redeem the dog within
seven days, except that the owner of a dog bearing a license tag may
redeem the dog within 12 days by paying to the Town of North Hempstead
the redemption fee provided by law. If not so redeemed, the owner
shall forfeit all title to the dog and the dog shall be sold or destroyed
by the keeper of such pound. The carcass of any dog so destroyed shall
be disposed of by the keeper of such pound in a safe and sanitary
manner. In the case of sale, the purchaser must pay the purchase price
to the Town of North Hempstead.
[Added 1-25-2021 by L.L. No. 5-2021]
A.
Any person
owning, possessing, harboring, or walking a dog four months of age
or over in the Village shall be required to have the dog vaccinated
to prevent the spread of rabies.
B.
It shall
be prima facie proof that a dog was not vaccinated if it is not wearing
a collar with a tag indicating that the dog was vaccinated within
the immediately preceding three years.
C.
It shall
be an affirmative defense that:
(1)
The
dog is less than four months old.
(2)
The
dog was vaccinated within the immediately preceding three years.
(3)
The
dog was vaccinated with a vaccine that was effective for a period
longer than three years and the vaccination was within that longer
effective period.
(4)
The
dog was brought into the Village for a period of less than 15 days.
(5)
The
dog's health would be adversely affected by a rabies vaccination,
as certified by a written statement by a veterinarian duly licensed
by the State of New York.
