[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-4-1996 by L.L. No. 1-1996]
A.
The Board of Trustees of the Village of Hewlett Neck
has determined that the running at large and other uncontrollable
behavior of dogs and cats have caused physical harm to persons and
damage to property and have created nuisances within the Village.
B.
It is the intent of the Board of Trustees, in the
enactment of this article, to protect the health, safety and well-being
of persons and property of all citizens by imposing restrictions on
persons owning or possessing dogs and other animals within the Village.
Unless otherwise expressly provided, for the
purpose of this article, the following words shall have the meanings
herein indicated:
Any animal of the domestic feline species, male or female.
[Amended 1-5-1998 by L.L. No. 1-1998]
Male and female members of the species Canis familiaris.
To provide food or shelter to any animal.
The owner of record, or any person who harbors or has the
custody or control of any animal. If the owner of an animal shall
be under the age of 18 years, the parent or guardian of such persons
shall be deemed the "owner."
[Amended 1-5-1998 by L.L. No. 1-1998]
The person in whose name an animal was last licensed pursuant
to Article 7 of the Agriculture and Markets Law.
A person having custody or control of any animal.
A place to which the public or a substantial group of persons
has access, including but not limited to sidewalks, streets, transportation
facilities, schools, places of amusement, parks and playgrounds.
A.
It shall be unlawful for a dog or cat to be on property
other than that of the owner or possessor or on private property without
the consent of the owner or persons in possession of such private
property unless the dog or cat is effectively restrained in the immediate
custody and control of its owner or possessor by a leash, chain or
other restraining device capable of reasonably restraining the animal.
A person owning or possessing a dog or cat 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.
[Amended 1-5-1998 by L.L. No. 1-1998]
B.
It shall be presumed that the presence of a dog or
cat on the private property of a person other than the dog's or cat's
owner or possessor is without the consent of the owner or person in
possession of such private property.
C.
No person
shall permit, suffer or allow any dog or cat owned, kept, possessed
or harbored by such person to run loose or at large on any private
property in the Village unless the dog or cat is restrained by a leash
or chain sufficiently limited in length to prevent the dog or cat
from leaving said private property, or the dog or cat is located within
an area that is completely enclosed by an above-ground fence or wall
that is at least four feet in height. Notwithstanding the foregoing,
no such person shall permit, suffer or allow any such dog or cat to
be in a front yard under circumstances which constitute a real or
apparent danger to any person.
[Added 11-1-2010 by L.L. No. 3-2010]
A.
It shall be unlawful for the owner of any dog to permit such dog to defecate, urinate or commit a nuisance on private property, other than the owner's property, or to defecate or commit a nuisance on public property unless such feces are immediately removed in accordance with Subsection B. A person owning or possessing a dog which defecates, urinates or commits any nuisance, as 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 presumed that a dog defecating, urinating or committing a nuisance on private property of a person other than the dog's owner or possessor does so without the consent of the owner or person in possession of such private property.
[Amended 1-5-1998 by L.L. No. 1-1998]
B.
The owner or possessor of any dog shall immediately
remove all feces deposited by said dog by placing such feces in a
plastic bag which shall be sealed and deposited in a covered garbage
receptacle.
[Amended 1-5-1998 by L.L. No. 1-1998]
It shall be unlawful for the owner or possessor
of any dog to permit such dog while off of the property of the owner
to chase, jump upon or at or otherwise harass any person in such a
manner as to reasonably cause intimidation or fear 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.
[Amended 1-5-1998 by L.L. No. 1-1998]
It shall be unlawful for the owner or possessor
of any dog to permit such dog to engage in habitual or frequent loud
howling, barking, crying or whining so as to unreasonably 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.
[Amended 1-5-1998 by L.L. No. 1-1998]
A.
Any dog or cat, whether or not tagged or licensed,
running loose or at large in the Village of Hewlett Neck or found
off the premises of the owner or harborer thereof and not so restrained
may be seized by any duly appointed warden, peace officer or duly
authorized officer or representative of the Village and confined and
impounded in a pound or shelter maintained by the Village or by the
Town of Hempstead or maintained by any other person, corporation or
association pursuant to agreement with the Village. Any dog or cat
so found loose or at large or not under effective restraint as aforesaid
that cannot be safely seized may be restrained by such warden, peace
officer or duly authorized officer or representative of the Village.
B.
The owner of a dog or cat so seized may redeem the
dog within nine days, if bearing a license tag and notice of the seizure
was made by mail, or within seven days if not bearing a license tag
and or if bearing a license tag and notice was made by personal service,
by paying to the Village Administrator the sum established from time
to time by the Town of Hempstead Animal Shelter or such other agency
with an agreement with the Village. If not so redeemed, the owner
shall forfeit all title to the dog or cat, and the animal shall be
made available for adoption or euthanized in the manner provided by
the Agriculture and Markets Law of the State of New York.
No person shall abandon any dog or cat within
the Village.
[Amended 1-5-1998 by L.L. No. 1-1998]
The breeding of dogs, the keeping or harboring
of more than three dogs or cats in excess of six months of age or
any combination of dogs and cats and the keeping in the Village of
Hewlett Neck of chickens, roosters, pigeons, pigs, swine, horses,
donkeys, cows or cattle are hereby declared a nuisance, and it shall
be unlawful for any person to commit or permit any such nuisance.
