Village of New Hempstead, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 290, § 290-30.
[Adopted 11-21-1985 by L.L. No. 9-1985]
It is the intention of the Board of Trustees of the Village of New Hempstead, by the adoption of this article, to preserve the public peace and good order of the Village and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of animals which are consistent with the rights and privileges of animal owners and the rights and privileges of other citizens of the Village.
As used in this article, the following terms shall have the meaning indicated:
AT LARGE
Any animal, except domestic cats, that is not on a leash and is on property open to the public or is on private property not owned or leased by the owner of the animal, unless permission for such presence has been obtained.
HARBOR
To provide food or shelter to any animal.
OWNER
Any person who keeps, harbors or has custody, care or control of an animal. Animals owned by minors shall be deemed to be in the custody and control of parents or other head of the household where the minor resides. Any person harboring an animal for a period of one week or longer shall be deemed to be the "owner" of the animal for the purpose of enforcing this article.
PERSON
Any individual, corporation, partnership, association or other organized group of persons or other legal entity.
It shall be unlawful for any owner of an animal, other than a cat, to permit or allow such animal to run at large in the Village of New Hempstead.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The maintenance of animals within the Village shall comply with all other provisions of the Code of the Village of New Hempstead, including Chapter 290, Zoning, § 290-30.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and/or Code Inspector of the Village of New Hempstead are hereby authorized to issue appearance tickets for violation of this article.
[Amended 6-23-2005 by L.L. No. 2-2005]
Any person violating any section or provision of this article shall, upon conviction, be punished by a fine of $50 for the first offense, $100 upon conviction of the second offense, and $500 for the third and each subsequent offense.
[Adopted 5-8-1986 by L.L. No. 8-1986]
This article shall be cited and may be referred to hereinafter as the "Dog Control Law of the Village of New Hempstead."
It is the intention of the Village Board of the Village of New Hempstead, by the adoption of this article, to preserve public peace and good order in the Village of New Hempstead and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs which are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Village of New Hempstead.
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
A. 
A guide dog actually leading a blind person, a hearing dog actually accompanying a hearing-impaired person or a service dog under the control of and accompanying a person with a disability;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
A police work dog in use for police work; or
C. 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
The Dog Control Officer of the Town of Ramapo.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents or other head of the household where the minor resides. Any person harboring a dog for a period of one week shall be deemed to be the "owner" of the dog for the purpose of enforcing this article.
PERSON
Any individual, corporation, partnership, association or other organized group of persons, a municipality or other legal entity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each owner of a dog four months of age or older shall immediately make application for a dog license in accordance with and pursuant to the provisions of Article 7, §§ 109 and 110, of the Agriculture and Markets Law of the State of New York.
It shall be unlawful for any owner of a dog in the Village of New Hempstead to permit or allow such dog to engage in the following enumerated acts:
A. 
Running at large. It shall be unlawful for any owner of a dog within the limits of the Village of New Hempstead to permit such dog, whether licensed or not, to be at large elsewhere than on the premises of the owner, or on the premises of another person without the knowledge and consent of such other person, unless such dog is on a leash or under the full and immediate control of a person in charge of said dog.
B. 
Nuisance. It shall be unlawful for any owner of a dog in the Village of New Hempstead to permit or allow such dog to engage in habitual loud howling, barking or whining so as to create a public nuisance or create unreasonable noise disturbance across real property boundaries.
C. 
Dangerous dogs. It shall be unlawful for any dog owner who knows or has reason to know of any dangerous and vicious propensities of said dog to permit the dog to run at large in the Village of New Hempstead.
(1) 
If any dog shall attack any person who is peaceably conducting himself in any place where he may lawfully be, such person or any other person witnessing the attack may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
(2) 
If any dog shall attack, chase or worry any domestic animal, as defined in § 108 of Article 7 of the Agriculture and Markets Law of New York State, while such animal is in any place where it may lawfully be, the owner or caretaker of such domestic animal or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, chasing, worrying or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
(3) 
Any person may make a complaint of an attack upon a person or of an attack on, chasing or worrying of a domestic animal to a Dog Control Officer or the Village of New Hempstead. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection C(4) of this section, and if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
(4) 
Any person may, and any Dog Control Officer as provided in Subsection C(3) hereof shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack, chasing or worrying. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Dog Control Officer or peace officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the judge or justice shall proceed in accordance with Agriculture and Markets Law § 123.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.
D. 
It shall be unlawful for the owner or person in control of any dog to permit deposits of fecal matter by such dog to remain on premises other than those owned or leased by the owner of such dog. Failure to remove said fecal matter within five minutes of its deposit on public lands or on the private lands of another shall be presumptive evidence of an intent to violate the provisions of this article.
[Added 6-23-2003 by L.L. No. 2-2003]
E. 
Additional prohibitions.
(1) 
Interference with enforcement officer. It shall be unlawful for any person or persons to hinder, molest or interfere with any officer or agent of the Village in the performance of any of the provisions of this article.
(2) 
Violation of article. It shall be unlawful for any person to violate any provision of this article, whether or not he has any knowledge of or intends any violation of said article.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The maintenance of dogs within the Village shall comply with all other provisions of the Code of the Village of New Hempstead, including Chapter 290, Zoning, § 290-30.
A. 
A duly appointed Dog Control Officer or any peace officer shall seize and impound any dog found at large in violation of this article. The Dog Control Officer or peace officer shall deliver such dog to a pound or shelter or to the Society for the Prevention of Cruelty to Animals and notify the Village Clerk of the identity of the owner of the dog if the same can be established. If the dog's owner can be properly identified, then the dog shall be held and maintained for a period of 10 days for redemption or, if it cannot be properly identified, for a period of five days; thereafter, it may be held and offered for adoption for an indefinite period or humanely destroyed, at the discretion of the Dog Control Officer.
B. 
The fact that a dog is without a current dog license tag attached to the dog's collar or harness as provided in Article 7, § 109, of the Agriculture and Markets Law shall be presumptive evidence that the dog is unlicensed.
C. 
Any person claiming a dog from the pound or shelter or the Society for the Prevention of Cruelty to Animals must produce a license for such dog and pay the cost of confinement. If the dog is not licensed, a license must be provided, and the owner will also be subject to a fee set by resolution of the Board of Trustees.
[Amended 6-23-2003 by L.L. No. 2-2003]
A. 
The Dog Control Officer shall have authority to enforce the provisions of this article.
B. 
The Code Inspector of the Village of New Hempstead shall have authority to enforce § 115-11A, B, C and D of this article.
Any person aggrieved by any dog, as defined in § 115-9 of this article, may, on his or her own motion, apply to any court having jurisdiction for all the relief the law provides.
Any person committing an offense against or violating any section or provision of this article shall, upon conviction, be punished by a fine not exceeding $25 for the first offense, $50 for the second offense and $100 for the third and subsequent offenses.
In the event that any section of this article is in conflict with any section of Article I of this chapter, the section of this article shall supersede that section of Article I of this chapter.