Village of Hewlett Neck, NY
Nassau County
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Table of Contents
Table of Contents
[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]

§ 38-1 Findings; intent.

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.

§ 38-2 Definitions.

Unless otherwise expressly provided, for the purpose of this article, the following words shall have the meanings herein indicated:
CAT
Any animal of the domestic feline species, male or female.
[Amended 1-5-1998 by L.L. No. 1-1998]
DOG
Male and female members of the species Canis familiaris.
HARBOR
To provide food or shelter to any animal.
OWNER
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]
OWNER OF RECORD
The person in whose name an animal was last licensed pursuant to Article 7 of the Agriculture and Markets Law.
POSSESSOR
A person having custody or control of any animal.
PUBLIC PROPERTY
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.

§ 38-3 Restraint required.

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]

§ 38-4 Nuisances prohibited.

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.

§ 38-5 Menacing.

[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.

§ 38-6 Disruptive noise.

[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.

§ 38-7 Seizure of dogs at large; redemption.

[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.

§ 38-8 Abandonment prohibited.

No person shall abandon any dog or cat within the Village.

§ 38-9 Harboring dogs and other animals.

[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.

§ 38-10 Penalties for offenses.

[Amended 1-5-1998 by L.L. No. 1-1998]
Any person, firm or corporation who or which shall violate the provisions of this article shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II.