[Adopted 5-11-1977 by L.L. No. 3-1977]
The purpose of this article shall be to preserve
the public peace and good order in the Village of Manorhaven and to
contribute to the public welfare and the preservation and protection
of the property and persons of the inhabitants of said Village of
Manorhaven by declaring and enforcing certain regulations and restrictions
on activities of dogs and/or other animals and on owners of dogs and/or
other animals within the village.
As used in this article, the following terms
shall have the meanings indicated:
An unleashed dog and/or other animal off the premises of
the owner or off the premises of another person when on the premises
of another person with such person's consent and approval.
The person authorized by the Town Board or Village Board
from time to time, by resolution, to enforce the provisions of this
article. A "Dog (and/or other animal) Warden" shall have all the powers
of a constable or other peace officer in the execution of the provisions
of this article, including service of a summons, the service of an
appearance ticket and simplified information pursuant to and in accordance
with the Agriculture and Markets Law and Criminal Procedure Law of
the State of New York, and the service and execution of any other
order of process, notwithstanding any provision of the Uniform Justice
Court Act.
[Amended 12-21-1983 by L.L. No. 5-1983]
As applied to a dog and/or other animal, equipped with a
collar to which is attached a leash not more than eight feet long.
Both the collar and leash shall be of sufficient strength to restrain
the dog and/or other animal, and the leash shall be held by a person
having the ability to control and restrain the dog and/or other animal
by means of the collar and leash.
Any person who is a licensed owner or who has custody or
control of a dog and/or other animal and any person who keeps, feeds
or harbors a dog and/or other animal. The "owner" need not be a resident
of the Village of Manorhaven but, for a violation to occur, the dog
and/or other animal must be within the village limits of the Village
of Manorhaven.
[Amended 1-15-1981 by L.L. No. 1-1981]
No person who owns, possesses, harbors or has
custody or control of a dog and/or other animals (male or female)
shall permit or allow such dog and/or animals to run loose or at large
in any street, sidewalk, lane, public place or on private property,
without the consent of the owner or person in possession of such private
property, in the Incorporated Village of Manorhaven. No dogs and/or
other animals shall be permitted at any time to be on such street,
sidewalk, lane, public place or private property unless effectively
restrained in the immediate custody and control of the owner or custodian
of the dog and/or other animals by a chain or leash not exceeding
six feet in length.
It shall be unlawful for any owner of or any
person harboring or who has custody or control of any dog and/or other
animals to permit or allow such dog and/or other animals while in
the Village of Manorhaven, its public streets, parks, buildings or
other places or upon private property, other than the owner's or such
other person's property wherein consent to so use same has not been
obtained, to:
A.Â
Engage in habitual loud howling or barking, or conduct
itself in such manner as to habitually annoy any person other than
the owner or person harboring such dog and/or other animals.
C.Â
Chase or otherwise harass any person in such manner
as reasonably to cause intimidation or put such person in a reasonable
apprehension of bodily harm or injury.
D.Â
Habitually chase or bark at motor vehicles.
E.Â
Remain in the Village of Manorhaven unless licensed
in accordance with § 109 of the New York State Agriculture
and Markets Law.
[Amended 12-16-1992 by L.L. No. 12-1992]
A.Â
It shall be unlawful for a dog to defecate, urinate or commit a nuisance on public property, except that portion of a public street lying between the curblines in accordance with the requirements of Subsection B, or on private property without the consent of the owner or person in possession of such private property. 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.
B.Â
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.
A.Â
Any peace officer, Deputy Sheriff, County Dog Warden,
Town or Village Dog Warden is hereby authorized to seize or direct
the confinement of any dog and/or other animal which is reported to
have attacked or injured a human being. Any such dog and/or other
animal shall be confined by the owner for such length of time as may
be necessary for the purpose of determining whether such dog and/or
other animal is affected by rabies, and if so affected, it may be
destroyed.
B.Â
The owner of such a dog and/or other animal shall,
upon demand, deliver the possession of such dog and/or other animal
to the peace officer, Deputy Sheriff, County Dog Warden, Town or Village
Dog Warden or any officer authorized to seize the same, and shall,
upon demand, pay to the Village of Manorhaven the cost of confinement
and treatment of the dog.
The owner of any dog and/or other animal which
is vicious or dangerous to persons shall at all times restrain and
control such dog and/or other animal so as to prevent injury to persons
lawfully conducting themselves onto the property and so as to prevent
such dog and/or other animal from putting any person in fear of immediate
bodily harm, provided that such person is lawfully conducting himself
at the time.
Any person keeping, harboring or having the
care, custody and/or control of any dog and/or other animal, whether
licensed or unlicensed, shall be deemed to be the person responsible
for keeping, harboring or having the care, custody and/or control
of said dog and/or other animal.
A.Â
Any dog and/or other animal found at large in any
street, sidewalk, lane or public place and not under effective restraint
by a chain or leash as aforesaid may be seized by any duly appointed
Dog Warden, peace officer or duly authorized officer or representative
of the village and confined and impounded in the public pound maintained
by the Town of North Hempstead in the County of Nassau. Any such dog
and/or other animal so found at large and not under effective restraint,
as aforesaid, that cannot be safely seized, may be destroyed by such
Dog Warden, peace officer or duly authorized officer.
[Amended 1-15-1981 by L.L. No. 1-1981]
B.Â
Every dog and/or other animal seized shall be properly
fed and cared for at the expense of the municipality until disposition
thereof is made as herein provided and in accordance with the applicable
provisions of the Agriculture and Markets Law of the State of New
York.
C.Â
In the event that the dog and/or other animal seized
bears a license tag, the person seizing the dog and/or other animal
shall, within three days thereafter, ascertain the name of the owner
and give the owner immediate notice by serving upon the owner an instrument,
in writing, stating that the dog and/or other animal has been seized
and indicating when, where and why the dog and/or other animal was
seized, and stating that the dog and/or other animal will be destroyed
unless redeemed or a trial is demanded within 12 days of the impounding
of the dog and/or other animal.
D.Â
In the event that the dog seized does not bear a license
tag and the owner is unknown, the Warden or other law enforcement
officer shall be authorized to destroy the dog and/or other animal
seven days after impounding or to dispose of the dog and/or other
animal by sale or other means unless the owner redeems the dog and/or
other animal, if permitted, or unless a trial is demanded by the owner
within seven days of seizure.
E.Â
Any dog and/or other animal so impounded shall be
confined for a period of seven days, except that a dog and/or other
animal bearing a license tag shall be confined for a period of 12
days and may be redeemed by the owner or harborer thereof upon payment
to the Town Clerk of the Town of North Hempstead of the sum of $5
for a licensed dog and $10 for an unlicensed dog and/or other animal,
together with any expenses incurred by the town for professional veterinary
services rendered in the treatment of the dog and/or other animal.
Any dog and/or other animal so impounded and not redeemed within seven
days after such impounding, except for dogs and/or other animals bearing
a license tag, within 12 days after such impounding, shall be destroyed
or offered for sale or sold by the keeper of said public pound. The
carcass of any dog and/or other animal so destroyed shall be disposed
of by the keeper of said public pound in a safe and sanitary manner.
In the event of a sale under the provisions of this Article, the Town
Clerk shall collect a fee in the sum of $5 for each dog and/or other
animal sold and notify the purchaser to obtain a license for same
as otherwise required by law.
F.Â
In the event that it becomes necessary to destroy
a dog and/or other animal, the Warden or other law enforcement officer
shall arrange, through a veterinarian or Dog Warden in his facilities,
to humanely destroy and dispose of the carcass. Any Dog Warden that
destroys a dog and/or other animal must make a report in writing to
the Chief Dog Warden. This report and the Chief Warden's report will
be submitted to his superior and will be kept on file for one year.
G.Â
No action shall be maintained to recover the possession
or value of a dog and/or other animal for damages for injury or for
compensation for destruction of a dog and/or other animal destroyed
pursuant to the provisions of this article.
H.Â
Notwithstanding any of the above, in those cases where
seized dogs are kept in the Town Animal Shelter, the town redemption
procedure will apply, including but not limited to the fee schedule
relating to such exemptions.
[Added 1-15-1981 by L.L. No. 1-1981]
If an impounded dog and/or other animal is not
redeemed within the time hereinbefore set forth, the owner shall forfeit
title to the dog and/or other animal, and it may thereafter be sold
by the town or destroyed by the appropriate official as hereinbefore
provided.
[Amended 1-15-1981 by L.L. No. 1-1981; 12-21-1983 by L.L. No. 5-1983; 4-15-2020 by L.L. No. 6-2020]
A.Â
This article shall be enforced by the Village's Code Enforcement
Official, any peace officer, or any other law enforcement official.
B.Â
The Village official or peace officer observing a violation of this
article in his or her presence shall issue and serve an appearance
ticket and simplified information for such violation. The appearance
ticket and simplified information shall be in the form prescribed
by the Board by resolution in accordance with the provisions of the
Agriculture and Markets Law, Criminal Procedure Law and this article.
C.Â
Any person observing a violation of any section of this article may
personally appear at the office of the Village Clerk and report such
a violation. Said person may also sign and swear to the appropriate
accusatory instrument as required by law and thereby commence prosecution
of the alleged violator.
A.Â
Any Justice of the Peace of the Village of Manorhaven
or District Court Judge of the County of Nassau shall have jurisdiction
to hear all complaints under this article and of all actions and proceedings
hereunder and of all prosecutions for violation of this article.
B.Â
The owner of a dog and/or other animal who is issued an appearance ticket pursuant to § 54-15 herein must personally appear on the return date at the time and court specified in said appearance ticket and may deny all or part of the violations as charged in the appearance ticket.
C.Â
If the person charged with the violation admits to
the violation as charged in the appearance ticket, he may complete
the appropriate form on such appearance ticket and forward such form
and appearance ticket to the office specified on such appearance ticket.
Such appearance ticket shall set forth the schedule of penalties and
fines for violations of this article, and a certified check or money
order in the amount of the penalty for the violation charged shall
be submitted with such answer.
[Amended 1-25-1984 by L.L. No. 1-1984; 4-17-1996 by L.L. No. 6-1996]
Any person who shall violate any provision of
this Article shall be punishable, for a first offense, by a fine not
less than $100 and not exceeding $250; for conviction of a second
offense occurring within 12 months of the first offense, a fine not
less than $250 and not more than $500; and for conviction of a third
offense occurring within 12 months of the first and second offenses,
a fine not less than $500.
The owner, possessor or harborer of any dog
and/or other animal destroyed under the provisions of this article
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of the dog and/or other
animal.
