Chapter 35
ANIMALS
[HISTORY: Adopted
by the Board of Trustees as indicated in article histories. Amendments noted
where applicable.]
ARTICLE I
Use
of Buildings and Premises
[Derived
from Secs. 8.4 and 8.5 of the General Ordinances]
§ 35-1. Housing of domestic animals.
No building or structure
or part thereof shall be used for housing of fowl or domestic animals other
than domestic cats and dogs.
§ 35-2. Harboring of other animals.
No premise shall be used
or occupied and no structure may be erected or maintained for the harboring of
pigeons, swine, goats, horses, donkeys, rabbits, foxes, minks, skunks, or other
similar fur-bearing animals or for the keeping of bees.
§ 35-3. Penalties for offenses. [Added 5-3-2004 by L.L. No. 1-2004]
Any person found guilty of
a violation of this article shall be punishable as set forth in Chapter 1,
General Provisions, Article III, General Penalty.
ARTICLE II
Dogs
and Cats
[Adopted
7-1-1957]
§ 35-4. Restraint of dogs. [Amended 4-7-1980 by L.L. No. 1-1980; 5-3-2004 by
L.L. No. 1-2004]
It shall be unlawful for a
dog to be on public property or on private property other than its owner's
property unless the dog is effectively restrained in the immediate custody and
control of its owner or possessor by a chain or leash not exceeding 6 feet in
length. A person owning or possessing a 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 article. It shall be presumed that the presence of a dog on
private property of a person other than the dog's owner or possessor is without
the consent of the owner or person in possession of such private property.
§ 35-5. Seizure and confinement of dogs. [Amended 4-7-1980 by L.L. No. 1-1980; 5-3-2004 by
L.L. No. 1-2004]
Any dog found on public
property or on private property without the consent of the owner or person in
possession of such private property which is not effectively restrained by a
chain or leash as provided in § 35-4 of this article or any dog unidentified or
unlicensed as provided in New York State Agriculture and Markets Law Article 7
shall be seized by any duly appointed Animal Control Officer or Peace Officer
and thereafter confined in the Town of North Hempstead Animal Shelter. Any such
dog that cannot be safely seized may be destroyed by any duly appointed Animal
Control Officer or Peace Officer or duly authorized officer of the Village.
§ 35-6. Town impounding, redemption and disposal
regulations applicable.
The impounding of,
redemption of, the destroying of, and the disposal of a dog or dogs shall be in
accordance with the regulations and laws of the Town of North Hempstead
pertaining thereto.
§ 35-7. Defecation on public property. [Added 5-6-1991 by L.L. No. 2-1991; amended 5-3-2004
by L.L. No. 1-2004]
No person owning,
harboring or possessing any dog or cat shall allow it to defecate on any common
thoroughfare, sidewalk, play area, park or on any public property, nor on any
private property without the permission of the owner of said property. The
foregoing restriction shall not apply to that portion of any street lying
between the curblines, so long as all feces deposited by such dog or cat shall
be immediately removed and disposed of by any sanitary method. No dog or cat
feces shall be deposited in the Village storm drains.
§ 35-8. Ownership and harboring of dogs and cats. [Added 4-6-1992 by L.L. No. 1-1992; amended 5-3-2004
by L.L. No. 1-2004; 7-2-2007 by L.L. No. 3-2007]
A. No person shall own, harbor or possess more than 3 dogs or cats,
of any sex or breed, on any one residential property within the Village. For
purposes hereof, “harbor” or “harboring” shall mean providing shelter, food,
sustenance or recreational facilities, or any combination of same for any dog
or cat. By way of example, and not in limitation, “harboring” shall include
permitting or suffering the presence of any dog or cat on any residential
property within the Village, inside of any primary or accessory structure on
any such residential property, or in any temporary or makeshift structure or
cover, comprised of any combination of materials, designed or reasonably likely
to be used, for the purpose of providing shelter to any dog or cat; or
providing food, water or any consumable liquid, in any containers designed for
use, or reasonably likely to be used by, a dog or cat; or providing on any
residential property within the Village play materials or devices or
recreational materials or devices used to attract, or reasonably likely to
attract, domestic dogs or cats on to any residential property within the
Village.
B. The presence on any one residential property of more than 3 dogs
or cats at any one time shall be presumptive evidence that the owner of said
property is in violation of this section. It shall be an affirmative defense to
any alleged violation of this section that all persons residing at such
property own, in the aggregate, not more than 3 dogs or cats, and that no
person residing at such property has caused, suffered or permitted to exist any
of the instances of “harboring” set forth in Subsection A of this section.
C. For the purposes of this section, it shall be presumed that any
dog or cat harbored in a residential dwelling is owned, harbored and possessed
by all adults residing in the residential dwelling wherein the dog or cat is
being harbored.
D. Violations; appearance tickets.
(1) The Animal Control Officer of the Town of North Hempstead
observing a violation of any provision of this section shall be authorized to
issue and serve an appearance ticket for such violation.
(2) Any person observing a violation of any provision of this section
may personally appear before the Village Clerk and report such 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.
E. Any person or persons who shall violate any provision of this
section shall, upon conviction, be punishable as set forth in § 35-9 below.
F. All persons subject to this section shall have 90 days from the
effective date hereof to comply with this section.
§ 35-9. Penalties for offenses. [Amended 9-12-1988 by L.L. No. 2-1988; 5-3-2004 by
L.L. No. 1-2004; 7-2-2007 by L.L. No. 3-2007]
In addition to or as an alternative to any penalty provided herein or by law, any person who violates any provision of this Article II shall be guilty of a violation punishable by a fine not to exceed $1,000 for conviction of a first offense; upon conviction for a second offense, both of which were committed within a period of 5 years, punishable by a fine not less than $1,000 nor more than $3,000; and upon conviction for a third or subsequent offense, all of which were committed within a period of 5 years, punishable by a fine not less than $3,000 nor more than $5,000.