[Added 10-7-1986 by L.L. No. 7-1986]
As used in this article, the following terms
shall have the meanings indicated:
The area of a lot, in any residential district, on which
a building and its accessories may be located as permitted by the
Town, exclusive of the area of any building, structure or accessories
therein, but exclusive of land in the bed of any street.
[Amended 8-9-2005 by L.L. No. 21-2005]
A.
It shall be unlawful for any person to own, harbor
or possess more than four dogs on any residential parcel of property.
B.
This article shall not apply to the live issue of
a litter of any lawfully owned and licensed dog, except that the issue
of such litter shall be removed from the premises within 12 weeks
after birth if the continued presence of such dog would violate this
article.
A.
Application for special permission shall be made to
the Town Board in such form as shall be determined by the Town Board
from time to time.
B.
Applications shall be filed with the Town Clerk and
shall be accompanied by the following, to be supplied by the applicant:
(1)
The name and address of each applicant.
(2)
The name, color, weight and breed, along with any
distinguishing markings or features, of each dog to inhabit the property.
(3)
A certified, accurate survey of the subject property
and/or a copy of the most recent paid tax bill.
(4)
Proof of licensing of all dogs to inhabit the property,
in the form of a validly issued New York State dog license, pursuant
to the regulations of the New York State Department of Agriculture
and Markets and the Code of the Town of Babylon.
(5)
A statement by a certified New York State veterinarian
that all dogs to inhabit the property are in good health and have
been inoculated and immunized against the following communicable diseases
within 12 months of the application date:
(6)
If the applicant is a tenant or lessee of the subject
property, written consent from the property owner that said property
may be used to harbor more than four dogs.
(7)
A statement that the applicant shall undertake a sanitary
cleaning of the subject property on a daily basis or as otherwise
required to maintain healthy and sanitary conditions.
C.
Before said application for special permission may
be granted, the Town Board must obtain and consider the following;
(1)
The names and addresses of property owners adjacent
to the affected property within 300 feet of the outside perimeter.
(2)
A statement from the Suffolk County Department of
Health Services indicating the results of an inspection of departmental
records and a listing of any complaints and/or violations filed with
or by said Department against the applicant or the subject property.
(3)
A statement from the Town of Babylon Building Department
indicating the results of an inspection of departmental records and
a listing of any complaints and/or violations filed with or by said
Department against the applicant or the subject property.
(4)
A statement from the Supervisor of the Town of Babylon
Animal Shelter indicating the results of an inspection of departmental
records and a listing of any complaints and/or violations filed with
or by said Department against the applicant or the subject property.
(5)
A statement from the Town of Babylon Department of
Public Safety indicating the results of an inspection of departmental
records and a listing of any complaints and/or violations filed with
or by said Department against the applicant or the subject property.
(6)
A statement from the Town Attorney of the Town of
Babylon indicating the results of an inspection of departmental records
and a listing of any complaints and/or violations filed with or by
said Department against the applicant or the subject property.
D.
The Town Board shall, in granting such special permission,
impose such conditions and safeguards as it may deem appropriate,
necessary or desirable to preserve and protect the spirit and objectives
of this article.
A.
No special permission granted hereunder may be revoked,
except for violation of the provisions of this article, by the Town
Board, upon notice and hearing as herein provided.
B.
Before special permission may be revoked, a notice,
in writing, of such proposed action must be sent to the permittee
either personally or by certified mail. Such notice must specify the
nature of the proposed action, the grounds therefor and a time and
place, not less than 10 nor more than 20 days after the mailing or
other service of such notice, at which a hearing will be held before
the Town Board on such proposed action. The permittee may testify
at such hearing, may be represented by counsel and may offer evidence
in his defense. A record of the proceedings on such hearing shall
be kept by the Town Clerk.
A.
Special permission shall be granted for a period of
two years from the date of issuance thereof and shall expire on the
last day of the 24th month following such issuance. Special permission
granted hereunder shall not be assignable or transferable, and the
death of an individual granted special permission shall terminate
such special permission.
B.
At the end of the permit period, the applicant will
reapply, and the Board will review each individual case, after a public
hearing. Should unsatisfactory conditions exist at the property, the
Board may refuse to reissue special permission unless conditions are
improved. The Board may alter, amend or otherwise revise the criteria,
conditions or restrictions of a previously granted application.
C.
Failure to reapply for and pay the required fee for
special permission prior to the expiration date of said special permission
shall render such permission null and void on the expiration date
and require the permittee to submit a new application for an original
permit.
[Amended 11-17-2010 by L.L. No. 33-2010]
A public hearing shall be held for every application
and renewal for special permission. The BAARC Board shall fix a date,
time and place and give public notice thereof by the publication in
an official newspaper of such hearing at least five days prior to
the date of the public hearing. In addition, the BAARC Board shall
cause notice to be sent, by regular mail, to each adjacent property
owner within 300 feet of the outside perimeter of the affected property
notifying such owner of the date, place, time and purpose of said
public hearing.
[Amended 11-17-2010 by L.L. No. 33-2010]
An application fee, as set by the Town Clerk,
will be required upon filing.
[Amended 10-21-1986 by Res. No. 939; 11-17-2010 by L.L. No.
33-2010]
A.
There shall be in the Town of Babylon a Babylon Animal
Adoption and Rescue Center (BAARC) Board consisting of seven members.
Said members shall be the Town Clerk, the Deputy Supervisor, the Commissioner
of Environmental Control, the Director of the Animal Shelter, the
Comptroller, the Chief Deputy Town Attorney, and a Community BAARC
Board member who is appointed by the Town Board. These members shall
serve without compensation.
[Amended 5-7-2013 by L.L. No. 12-2013]
B.
The Committee shall meet from time to time, as required,
and shall set fees, adopt such policies and procedures as necessary
for the orderly operation of the Babylon Animal Adoption and Rescue
Center and make recommendations and report to the Town Board on applications
for special permission and shall advise the Town Board from time to
time on issues concerning animal protection.
[Amended 4-27-2022 by L.L. No. 10-2022]
Any person violating any provision of this article
shall be guilty of an offense and, upon conviction thereof, shall
be subject to a fine of not less than $500 nor more than $2,500. Any
person found by the Bureau of Administrative Adjudication to have
violated any provision of this article shall likewise be subject to
a monetary penalty of not less than $500 nor more than $2,500. If
said person owning, possessing or harboring a dog in violation of
this article fails to make application to the Town Board for special
permission to legalize said violation, the Dog Control Officer shall,
after obtaining a warrant to remove, seize any dog whose continued
presence on the property would violate this section. Such animal seized
shall be housed and fed at the Town of Babylon Animal Shelter for
a minimum period of 14 days. If, after 14 days after seizure, the
owner or person in charge of said dog has failed to make application
for special permission, if so warranted, the Town Board may grant
an additional thirty-day period of time in which the owner or person
in charge of said dog shall comply with this article and reclaim said
dog. If said owner or person in charge of a dog has failed to comply
with the provisions of this section after 44 days after seizure of
a dog, then the Town of Babylon shall take control and ownership of
said dog and may take any measure necessary to place such dog for
adoption in a safe and healthful environment.
Any official of the Town charged with the enforcement
of the provisions of this article shall have the right to enter and
inspect, at any reasonable hour, any building, structure, yard, enclosure,
loft, house or premises necessary for the enforcement of any of the
provisions of this article.
