[Adopted 10-21-2002 by L.L. No. 4-2002]
Any person owning, harboring, walking or in charge of a dog
who allows the dog to defecate on public property, or on any private
property without the permission of the property owner, shall remove
all feces immediately after it is deposited by the dog. All feces
removed in accordance with this section shall be placed in a suitable
bag or other container which closes. The bag or closed container shall,
as soon as practicable, then be deposited in a publicly owned receptacle
for the disposal of refuse or a receptacle owned by said person in
charge of the dog.
The provisions of this article shall not apply to blind persons
using dogs as guides.
Any police officer of the Village or other designee of the Board
of Trustees who observes a violation of this article is hereby authorized
to issue an appearance ticket setting forth a brief description of
the circumstances of the violation.
Any person who observes a violation of this article may appear
before the Village Justice and sign an information complaint. The
Village Justice shall summon the person who allegedly violated this
article to appear in person before him/her at a hearing, at which
both the complainant and the alleged violator shall have an opportunity
to be represented by counsel and to present evidence.
Unless provided for elsewhere in this chapter, each offense
against the provisions of this article shall constitute a violation
pursuant to the Penal Law of the State of New York and shall be punishable
as such. Any person or persons violating any provisions of this article
shall be liable for and shall pay a fine of not less than $50 and
not more than $250 for a conviction on a first offense and by a fine
of not less than $150 and not more than $1,000 or by imprisonment
not in excess of 15 days, or both, for a conviction on a second or
succeeding offense.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this article or the
remainder thereof had such invalid application or invalid provision
been apparent.
