This chapter shall be known and may be cited as the "Animal Control
Law of the Village of New Hyde Park."
The safety, health, comfort and welfare of village residents, the preservation
and protection of their real and personal property and the maintenance of
a healthful and clean environment are matters of vital concern to the village
legislature. The Board of Trustees has determined that the running at large
and other uncontrolled behavior of dogs, cats and other household pets and
the unrestricted possession of animals in general have caused physical harm
to persons, damage to property and injury to the environment. It is the intent
of the Village Board in the enactment of this chapter to protect public and
private property, safeguard public health and improve the quality of the environment
by limiting the number and type of animals which may be owned or possessed
and by imposing restrictions on those persons owning or possessing animals
within the Village of New Hyde Park.
Unless otherwise expressly provided, for the purpose of this chapter,
the following words shall have the meanings herein indicated:
Any sentient living organism typically capable of voluntary motion
and sensation, as distinguished from human beings and vegetable life.
Any individual appointed by the Town Boards of either the Town of
Hempstead or the Town of North Hempstead and designated or deputized by the
Board of Trustees of the Village of New Hyde Park or such other person appointed
by said Board of Trustees to assist in the enforcement of this chapter.
A domesticated carnivorous animal, whether male or female, of the
species Felis domesticus.
A domesticated carnivorous animal, whether male or female, of the
species Canis familiaris.
To provide food or shelter to any animal.
The owner of record or any person who harbors any animal. If the
"owner" of an animal shall be under the age of 16 years, the parent or guardian
of such person shall be deemed the "owner."
The person in whose name the dog or other animal was last licensed
pursuant to Article 7 of the State of New York Agricultural and Markets Law
or such other statute or law requiring the licensing of an animal.
One or more natural persons of either sex, corporations, partnerships,
associations, societies (except those specifically authorized by law to perform
any act which may be prohibited by this chapter) and any other entity of capable
of suing or being sued.
A person having custody or control of any animal.
An area or place to which the public or a substantial group of persons
has access, and includes, but is not limited to, sidewalks, walks, any unimproved
or unpaved space lying between the roadway and the property line, streets,
roads, avenues, boulevards, drives, courts or driveway aprons, parking fields
and all parts of the borders thereof, public buildings and the floors, walks,
hallways, entrances and exits thereof, and open areas surrounding the same,
playgrounds, parks, field, dirt areas on the exterior side of the fence surrounding
any school, schools, places of amusement, railroad depots and transportation
facilities, platforms and stairways thereof, and all squares and open areas
owned by the Village of New Hyde Park or any other governmental entity.
Any dog either owned, harbored or trained primarily or in part for
the purpose of dog fighting; or owned, harbored or trained primarily or in
part for the purpose of attacking a human being or domestic animal upon command;
or known by the owner to be or characteristically identifiable as, in whole
or in part, any breed known by the common term "pit bulls," which shall be
deemed to include dogs wholly or partly of any one or more of the breeds more
formally recognized and severally referred to as "American Staffordshire terrier,"
"American pit bull terrier," "bull terrier" and/or "Staffordshire bull terrier."
[Added 11-5-1996 by L.L. No. 5-1996]
No person shall own, harbor, possess or otherwise maintain or permit
to be owned, harbored, possessed or maintained within the Village of New Hyde
Park any animal of any type or description except the following domesticated
animals as household pets:
A.
It shall be unlawful for any animal except a cat or dog
to be on the open or unimproved portion of any premises, unless the same is
suitably confined or restrained, and it shall be unlawful for any animal other
than a cat or a dog to be on public property or on private property without
the consent of the owner or person in possession of such private property
at any time without the prior written consent of the Board of Trustees.
B.
It shall be unlawful for any dog or cat to be on public
property or on private property without the consent of the owner or person
in possession of such private property, unless said dog or cat is effectively
restrained in the immediate custody and control of its owner or possessor
by a chain or leash not exceeding six feet in length. A person owning or possessing
a cat or dog which is not so restrained, with or without the knowledge, consent
or fault of such person, shall be guilty of a violation of this chapter. It
shall be presumed that the presence of a cat or dog on 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.
A.
Any person who is desirous of owning, harboring, possessing or maintaining any animal within the Village of New Hyde Park which does not fall within the category of animals permitted to be owned or possessed under § 80-4 may apply to the Board of Trustees for a special exception permit allowing the ownership or possession of such animal either on a temporary or permanent basis. The Board of Trustees, at a public hearing on the application for such a permit, shall consider the following factors:
(1)
The type, size, nature and temperament of the animal.
(2)
Whether the animal is tame or ferocious in disposition,
either by nature or training.
(3)
Whether the animal is domesticated or feral.
(4)
Whether the animal is dangerous to persons, property
or the environment or may become a public or private nuisance.
(5)
Whether the animal can be suitably housed, fed, sheltered
and cared for.
(6)
Whether the animal is susceptible to dangerous disease
or infection or may be a carrier of disease, rabies or other contagious illness
affecting humans, livestock or other pets.
(7)
The purposes for which such animal is desired to be kept.
(8)
Whether possession or ownership of such animal is prohibited,
restricted or otherwise regulated or licensed by statute, ordinance, treaty
or other legal enactment.
B.
In the event that the Board finds the ownership and possession
of an animal will not threaten the public health, safety, comfort or welfare
either directly or indirectly and that the same is not otherwise unlawful,
but serves a legitimate purpose not in conflict with the policies of this
chapter, it may issue a written permit to the person applying therefor and
may impose such other conditions as it deems necessary or desirable in the
use of such permit.
It shall be unlawful for any person to:
A.
Tie, hitch or in any other manner secure any animal to
any tree, hydrant, pole, parking meter stanchion, fence or other installation
upon or adjoining any public place.
B.
Permit or take an animal upon any public place unless
it is safely leashed, muzzled or otherwise secured and in the charge of a
person of adequate age and discretion properly to control its actions.
C.
To molest, torture, harm, injure, harass or cruelly treat
any animal.
A.
This chapter may be enforced by any police officer, peace
officer, designated representative of the Department of Agriculture and Markets
or village official designated by the Board of Trustees, who are hereby fully
authorized to issue appearance tickets to any person found violating or permitting
the violation of the terms and provisions of this chapter.
B.
The persons mentioned in Subsection A above, or any other person who observes any violation of the provisions of this chapter, may file a signed complaint and information under oath with the Village Justice specifying in detail:
(1)
The objectionable conduct of the animal or animals, the
date and hour thereof and the premises concerned or the approximate location
of the act complained of.
(2)
The damage, if any, and cost.
(3)
A description of the animal or animals sufficient for
the proper identification thereof.
(4)
The name and address, if known, of the owner or person
harboring or having custody or control of said animal or animals.
C.
Upon receipt of any complaint or upon the hearing or
trial of any complaint, the court may consider and receive in evidence photographic
evidence of such violation or nuisance and may receive such photograph in
evidence if the same is otherwise admissible according to the prevailing rules
of evidence for the admission of a photograph.
A.
Upon receipt by the Village Justice of a copy of any
appearance ticket issued by an enforcement officer or upon his receipt of
any complaint against the conduct of any person, animal or animals, the Village
Justice may summon the owner or other person harboring or having custody or
control of such animal or animals to appear in person before him.
B.
If an appearance ticket issued by an enforcement officer or a summons provided for in Subsection A above shall be disregarded by the person receiving the same, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such person.
C.
No person shall hinder, interfere with, resist or oppose
any police officer, peace officer, representative of the Department of Agriculture
and Markets or any designated official of the Village of New Hyde Park in
the performance of his duties under this chapter. A violation of the provisions
of this subsection shall constitute a separate offense apart from or in addition
to a violation of the provisions of any other terms or sections of this chapter.
[Amended 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this article is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
