Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Fire prevention — See Ch. 30.
Zoning — See Ch. 85.

§ 23-1 Declaration of legislative findings and intent.

[Amended 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001]
It is hereby declared and found that the health, welfare and safety of the inhabitants of the Town of Brookhaven require regulations supplementing and superseding Articles 7 and 26 of the New York State Agriculture and Markets Law and pertaining to the licensure, seizure and disposition of privately owned dogs and cats and the humane treatment of animals. Articles 7 and 26 of the New York State Agriculture and Markets Law are incorporated by reference herein. The Town Board of the Town of Brookhaven has determined that the running at large and other uncontrollable behavior of dogs have caused physical harm to persons and damage to property and have created nuisances within the Town. It is the intent of the Town Board in the enactment of this chapter to protect the health, safety and well-being of persons and property by imposing restrictions on persons owning or possessing dogs within the Town.

§ 23-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter and as amended thereafter.
[Added 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001]
AT LARGE
Off the premises of the owner and not under the control of the owner, his agent or a member of his family, whether by rope, leash or similar device.
CAT
Includes both male and female cats.
CLERK
The Clerk of the Town of Brookhaven.
CONSTABLE
A dog control officer specifically designated by the Town Board to enforce the state's humane laws pursuant to Article 26 of the Agriculture and Markets Law and for the purpose of issuing appearance tickets permitted under Article 7 of the Agriculture and Markets Law.
[Amended 12-3-1991 by L.L. No. 9-1991, effective 12-9-1991]
DANGEROUS DOG
Any dog which: (a) without justification attacks a person, companion animal as defined in the New York State Agriculture and Markets Law, farm animal as defined in the New York State Agriculture and Markets Law or domestic animal as defined in the New York State Agriculture and Markets Law and causes physical injury or death; or (b) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or (c) without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death. "Dangerous dog" does not include a police work dog, as defined in the New York State Agriculture and Markets Law, which acts in the manner described in this definition while such police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
[Added 5-23-2002 by L.L. No. 7-2002, effective 5-28-2002; amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
DOG
Male and female members of the species canis familiaris.
[Amended 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001]
DOG CONTROL OFFICER
A dog warden of the Town of Brookhaven.
GUARD DOG
Any dog trained to patrol private property, attack intruders on private property, on command or otherwise, or to respond to commands in general for the purpose of patrolling enclosed private lands and for protecting property or people.
[Added 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
GUARD DOG AGENCY
Any individual, group or corporation in the business of raising, training or the letting for hire of guard dogs.[1]
[Added 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification number, together with any other information deemed necessary by the Town Clerk.
[Added 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]
NONCONFORMING COMMERCIAL KENNEL
Any premises in a residential district that is used for the commercial breeding or commercial boarding of dogs as a nonconforming use.
OWNER
Any person owning, harboring, having custody of or keeping a dog or cat.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this chapter.
[Added 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001; amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]
PERSON
Any person or persons, firm, partnership, association, company or corporation.
PUBLIC PROPERTY
A place to which the public or a substantial group of persons has access and includes, but is not limited to, sidewalks, streets, transportation facilities, schools, places of amusement, parks and playgrounds.
[Added 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001]
RESIDENT
A resident of the Town of Brookhaven.
SIDEWALK
The area between the curbline and the abutting property owner's line.
TOWN
The Town of Brookhaven.[2]
[1]
Editor's Note: The definition of "noncommercial kennel," which immediately followed this definition, was repealed 6-7-1988 by L.L. No. 10-1988.
[2]
Editor’s Note: The definition of “vicious dogs,” added 4-17-2001 by L.L. No. 9-2001, as amended, which immediately followed this definition, was repealed 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017.

§ 23-3 Licensing and restrictions.

A. 
No person shall own or harbor a dog unless licensed pursuant to this chapter. Licenses shall not be required for dogs:
[Amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]
(1) 
Under the age of four months which are not at large.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(2) 
Confined to the premises of an animal shelter or incorporated society devoted to the care or treatment of lost, strayed or homeless animals.
(3) 
Confined to the premises of a college, educational or research institution for purposes of research.
(4) 
Confined to the premises of a person, firm or corporation that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets.
B. 
Every person owning or harboring a dog shall make annual application for a license or renewal to the Town Clerk. The Town Clerk shall prescribe the form for such application and renewal. The fee for said license or renewal shall be set by the Town Board and may be amended from time to time.
[Amended 4-16-1996 by L.L. No. 16-1996, effective 4-22-1996; 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010; 12-7-2010 by L.L. No. 49-2010, effective 12-21-2010; 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]
C. 
If the application shall disclose and the Clerk is satisfied that the dog for which the license is sought is either a guide dog, a hearing dog, a service dog and actually in use for such purpose or owned by a recognized guide dog, hearing dog, or service dog training center located within the state during the period such dog is being trained or bred for such purpose or a war dog, police-work dog, working search dog, detection dog, or therapy dog, the license shall be issued without the payment of any fee, and the Clerk shall inscribe across the face of the license in red the words "guide dog," "hearing dog," "service dog," "war dog," "police-work dog," "working search dog," or "detection dog" or "service dog" as the case may be. "Guide dog," "hearing dog," "service dog," "war dog," "police work dog," "working search dog," "detection dog" and "service dog" are defined as set forth in New York State Agriculture and Markets Law § 108.
[Amended 7-16-2013 by L.L. No. 35-2013, effective 7-29-2013]
D. 
The applicant for a license for a spayed or neutered dog must file with the Clerk an affidavit made by the owner or a veterinary certificate showing that the dog has been spayed. No such affidavit or certificate shall be required if already on file in connection with an earlier license period.
E. 
A license shall be renewed after a period of one year, beginning with the first day of the month following the date of issuance, and shall be renewable annually prior to the expiration date.
F. 
The Clerk, at the time of issuing the license, shall deliver to the applicant a tag bearing the same serial number as the license.
G. 
The owner shall place and keep on each licensed dog a suitable collar, to which shall be securely attached the license tag issued for such dog. No dog shall be permitted to be at large without a collar and license tag. No license tag shall be placed on a dog other than the dog described in the license.
H. 
No person owning, harboring or having control or custody of a dog shall permit such dog, whether licensed or not, to:
(1) 
Run at large in the unincorporated areas of the Town of Brookhaven elsewhere than on the premises of such person or on the premises of another person with the consent of such other person, unless such person is engaged in hunting wild birds or animals with the aid of such dog during open seasons or unless such person shall take such dog afield for training and hunting.
(2) 
Be at any time on any sidewalk, street, highway, park or other public place in the unincorporated areas of the Town of Brookhaven unless fully controlled by the owner or some other person by means of a rope, leash or other similar device.
(3) 
Be taken into any establishment in the unincorporated areas of the Town of Brookhaven where food or food products are kept for sale if legible signs are displayed at each public entrance to such establishment that the entry of dogs is prohibited. No such dog shall be taken upon or permitted in any other establishment where food or food products are kept for sale unless such dog is effectively restrained by a rope, leash or other similar device.
I. 
The owner, possessor or harborer of a dog or dogs shall not permit the same to be upon the docks or wharves owned or maintained by the Trustees of the Freeholders and Commonalty of the Town of Brookhaven, Suffolk County, New York, unless such dog or dogs shall be under restraint by means of a rope, line, leash or harness giving such owner, possessor and/or harborer of such dog or dogs control thereof at all times when such dog or dogs shall be on any such dock or wharf owned and maintained by said Trustees.
J. 
The owner, possessor or harborer of a dog or dogs shall not permit the same to be upon any property of the Trustees of the Freeholders and Commonalty of the Town of Brookhaven of which any part is used for bathing purposes.
K. 
Housing or harboring dogs in residential districts.
(1) 
The housing or harboring of dogs shall be permitted in any residential district on the following conditions: No more than 10 dogs, six months of age or older, shall be permitted on any plot in a residential district, except that, upon application, the Board of Appeals, at its discretion, may grant a special permit for the housing or harboring of more in a residential district. Nonconforming commercial kennels shall be exempt from these restrictions, but any other nonconforming housing or harboring of dogs existing at the time of the adoption of this chapter shall become illegal six months after the effective date of this chapter.
[Amended 6-7-1988 by L.L. No. 10-1988]
(2) 
Each application to the Board of Appeals for a special permit shall have a filing fee of $10. The filing fee for the biennial renewal of the special permit shall be $10. The Board of Appeals shall be governed by § 85-57B of this Code when issuing a special permit, which special permit shall specify the maximum number and general type of dogs permitted.
[Amended 12-17-2002 by L.L. No. 25-2002, effective 12-20-2002; 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]
L. 
[1]Control of dog waste.
[Added 9-9-2008 by L.L. No. 18-2008, effective 9-17-2008]
(1) 
No person owning, harboring, keeping, possessing or having control over any dog shall cause, suffer or allow such dog to soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, play area, park, dog park, or any place where people congregate or walk, or on any private property without the permission of the owner of said property. The presence of a dog on the private property of a person other than the dog's owner or possessor of such dog shall be presumed unauthorized.
(2) 
Any person owning, harboring, keeping, possessing or having control over any dog shall be in violation of this section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage receptacle. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary. The requirements of this subsection shall not apply to a person who is handicapped or who is visually impaired and accompanied by a guide or service dog.
[1]
Editor’s Note: Former Subsection L, regarding licenses for vicious dogs, added 4-17-2001 by L.L. No. 9-2001, as amended, was repealed 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017. This local law also redesignated former Subsections M and N as Subsections L and M, respectively.
M. 
Change of ownership; lost or stolen dog; death.
[Added 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]
(1) 
Change in owner or address. In the event of a change in ownership of any dog which has been licensed pursuant to this chapter or change of address of the owner of record of any dog, the owner of record shall, within 10 days of the change, file with the Town Clerk a written notification of such change. Such owner of record shall be liable for any violation of this chapter until such filing is made or until the dog is licensed in the name of the new owner.
(2) 
Lost or stolen dog. If any dog which has been licensed is lost or stolen, the owner of record shall, within 10 days of discovery of such loss or theft, file with the Town Clerk a written notification of such event. In the case of loss or theft, the owner of record shall not be liable for any violation of this chapter committed after such notification has been made.
(3) 
Death of dog. In case of the death of a licensed dog, the owner or record shall notify the Town Clerk of the dog's death either before or upon receipt of a renewal notice from the Town Clerk.
N. 
Registration required. Every person owning or harboring a dog adjudicated as being dangerous as defined must be registered with the Town Clerk; the registration forms contain the following information:
[Added 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(1) 
The name of the applicant.
(2) 
The name of the owner of the dangerous dog if different from the applicant.
(3) 
The address where the dangerous dog will be kept.
(4) 
The exact location of the property where the dangerous dog will be kept.
(5) 
The method to be used to secure or restrain the dangerous dog on the property.
(6) 
A description of the animal for identification purposes.
O. 
Fees and insurance.
[Added 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(1) 
The fee for registering a dangerous dog shall be $25.
(2) 
All owners, keepers or harborers of dangerous dogs shall provide to the Town Clerk a certificate of public liability insurance from an insurance company authorized to do business in the state in a single-incident amount of no less than $100,000 for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of dangerous dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a thirty-day written notice is first given to the Town Clerk. The owner or custodian of the animal shall produce evidence of the required insurance upon the request of a law enforcement officer or animal control officer.

§ 23-4 Seizure of dogs.

[Amended 2-20-1997 by L.L. No. 1-1997, effective 2-24-1997]
A. 
Except as hereinbefore provided, the Dog Control Officer or peace officer shall:
(1) 
Seize any dog running at large.
(2) 
Seize any dog which is not licensed, or registered, as set forth in § 23-3.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(3) 
Issue summonses to the owners of all dogs seized.
B. 
Except as hereinbefore provided Constables (as defined in § 23-2), officers of duly constituted humane societies and peace officers shall:
(1) 
Seize and remove any animal found on a premises when such premises is the location of a humane law violation.
(2) 
Seize and remove any unattended animal from a premises when directed to do so by a police officer.
C. 
Every dog seized shall be properly fed and cared for at the expense of the Town until redemption or disposition thereof is made as hereinafter provided.

§ 23-5 Confinement and restraint of dangerous dogs.

[Added 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017[1]]
The following regulations shall apply upon imposition of options to a court of competent jurisdiction pursuant to § 123(2) of the New York State Agriculture and Markets Law:
A. 
All dangerous dogs shall be securely confined indoors or in a secure, enclosed and locked pen or kennel. The pen, kennel or structure shall be in the rear yard, shall be at least 50 feet from the property lines and have secure sides of six feet in height, and a Town-issued building permit shall be required. The structure shall be locked when the dog is within the structure. The structure shall also have a secure bottom or floor attached to the sides and have a conspicuous sign displaying the words "dangerous dog" in letters no less than four inches high and one inch wide, visible at 50 feet, and the name and telephone number of the person owning, harboring or in control of said dangerous dog.
B. 
No person, owner or harborer of a dangerous dog shall permit such dog outside its pen, kennel or structure unless the dog is securely leashed with a leash no longer than four feet in length.
C. 
No person, owner or harborer of a dangerous dog shall permit such dog outside its pen, kennel or structure unless it is muzzled in such a manner that it cannot bite.
D. 
No person, owner or harborer shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless such person is in physical control of the leash. The dog may not be leashed to inanimate objects, such as trees, posts and buildings, outside of its kennel.
E. 
No person under the age of 21 shall own, control, attempt to control or walk a dangerous dog.
F. 
No person shall walk more than one dangerous dog at a time.
G. 
No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in the house or structure when the windows are open or when screen windows or screen doors are the only obstacle in preventing the dog from exiting the structure.
[1]
Editor's Note: This local law also renumbered former §§ 23-5 through 23-17 as §§ 23-6 through 23-18, respectively.

§ 23-6 Redemption of dogs.

[Amended 9-3-1996 by L.L. No. 19-1996, effective 9-6-1996; 2-20-1997 by L.L. No. 1-1997; effective 2-24-1997; 12-9-2008 by L.L. No. 24-2008, effective 12-17-2008]
A. 
Any dog seized pursuant to § 23-4A may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and pays the fees as established by the Town Board of Brookhaven as may be amended from time to time.
[Amended 11-23-2010 by L.L. No. 42-2010, effective 12-7-2010; 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]
B. 
Any animal seized pursuant to § 23-4B may be redeemed by its owner, provided that such owner produces proof that the animal is properly licensed and vaccinated, as required by law, all necessary veterinarian fees are paid, plus fees as established by the Town Board of the Town of Brookhaven as amended from time to time.
[Amended 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]
C. 
In the event an animal seized pursuant to § 23-4B is not redeemed by its owner, then the seizing agency, or if the seizure is at the direction of a police officer, then the Police Department, shall be responsible for the fees set forth above in § 23-6B.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

§ 23-7 Surrender of dogs or cats.

A. 
The Dog Control Officer, in addition to the powers granted to him by law, may, upon the application of a resident and the surrender of a dog or cat, accept:
(1) 
Any dog or cat owned by such resident for immediate destruction, provided that such resident executes a release.
(2) 
Any dog or cat for immediate adoption, in which case such dog or cat shall be kept for a maximum of five days and, if not adopted, shall be disposed of at the discretion of the shelter supervisor.
B. 
A resident who shall surrender a dog pursuant to this section shall pay to the shelter clerk a fee as may be established by the Town Board from time to time.
C. 
A resident who shall surrender a cat pursuant to this section shall pay to the shelter clerk a fee as may be established by the Town Board from time to time.

§ 23-8 Adoption of dogs or cats.

[Amended 9-1-1987 by L.L. No. 20-1987, effective 9-9-1987; 9-3-2002 by L.L. No. 18-2002, effective 9-6-2002]
A. 
In the event an animal seized or surrendered to the Animal Shelter pursuant to this Chapter 23 and not identified shall be held for a period of three days. Thereafter, said animal shall become the property of the Animal Shelter and shall be made available for adoption.
B. 
Any person wishing to adopt a dog or cat from the animal shelter shall pay to the shelter clerk a fee as may be established by the Town Board from time to time.

§ 23-9 Spay-neuter clinic.

[Added 9-1-1987 by L.L. No. 20-1987]
A. 
The animal shelter shall operate a spay-neuter clinic to alter all dogs and cats adopted from the animal shelter and also to alter dogs and cats owned by Brookhaven residents to the extent possible. The fees for altering dogs and cats are established by the Town Board of the Town of Brookhaven and may be amended from time to time.
[Amended 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]
B. 
All dogs and cats adopted from the animal shelter which are of sufficient age and have not been altered shall be altered prior to delivery to the individual adopting the animal. The fee for altering the animal shall be paid in full prior to the operation.
C. 
In cases where the animal is too young to be altered, a bond shall be posted equal to the appropriate fee for altering the animal and the animal shall be altered at the animal shelter spay-neuter clinic within six months of its adoption unless the animal dies or is surrendered to the animal shelter, in which case the bond shall be refunded.
D. 
Dogs and cats owned by Brookhaven residents shall be altered to the extent the spay-neuter clinic's personnel and space are available, provided that all fees for altering the animal have been paid in advance.

§ 23-10 Presumptions.

[Amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]
A. 
The fact that a dog is without a tag attached to a collar, as provided by this chapter, shall be presumptive evidence that the dog is unlicensed.
B. 
The person who last obtained a license for a dog pursuant to the provisions of this chapter shall be presumed, for purposes of this chapter, to be the owner of such dog.
C. 
For purposes of this chapter, it shall be presumed that any unlicensed dog harbored in a one-family dwelling is owned by all adults residing in the one-family dwelling.

§ 23-11 Constables.

[Amended 8-2-1988 by L.L. No. 17-1988; 12-3-1991 by L.L. No. 9-1991, effective 12-9-1991]
A. 
The Town Board may designate one or more Dog Control Officers to be Constables for the sole purpose of enforcing the state's humane laws pursuant to Article 26 of the Agriculture and Markets Law and for the purpose of issuing appearance tickets permitted under Article 7 of the Agriculture and Markets Law.
B. 
Each designated employee prior to assuming the duties as a constable, shall meet the applicable training requirements for peace officers set forth in § 2.30 of the Criminal Procedure Law.
C. 
Constables shall have the powers of peace officers set forth in § 2.20 of the Criminal Procedure Law only to the extent reasonably necessary to enforce Articles 7 and 26 of the Agriculture and Markets Law. Constables shall not have the right to carry, possess, repair or dispose of firearms unless authorized by the Town Board and unless the appropriate license therefor has been issued pursuant to § 400.00 of the Penal Law.

§ 23-12 Minimum required humane standards and procedures for guard dog agency kennels. [1]

[Added 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
A. 
Animal separation: males separate from females; injured animals separate from uninjured animals; aggressive animals and nursing animals are to be kept separate from all other animals.
B. 
Cages and kennels.
(1) 
Cages and kennels must provide a minimum of 24 square feet of floor space for each dog.
(2) 
Each kennel can contain no more than two dogs, each cage can contain no more than one dog.
(3) 
Cages and kennels to have water and bedding available at all times.
C. 
Runs. There must be sufficient four-foot-by-ten-foot outdoor runs to allow every adult dog to be exercised twice daily; runs to be at least partially shaded.
D. 
Training areas and other outside areas routinely accessible to the guard dogs must be totally enclosed by a chain link fence at least eight feet in height with privacy slats.
E. 
Heating, ventilation, cleaning, construction.
(1) 
Heat must be forced hot air or equivalent capable of maintaining a constant minimum floor level temperature of 65° for adult animals and 75° for infant animals unless the type of breed would indicate a different temperature range.
(2) 
Ventilation must be adequate to provide a sufficient supply of fresh or air conditioned air, especially in hot weather.
(3) 
Cleaning. All cages, kennels, runs, dishes, litter pans, etc. must be scrubbed with hot water and soap every day and a disinfectant effective for disease control must be used twice a week in cleaning. Entire premises must be kept in sanitary condition. Animals must be removed from cage, kennel or run while it is cleaned and not returned thereto until it is dry.
(4) 
Construction. Floors and walls (to a height of four feet) in kennels and runs must be of or coated with an impervious material to facilitate cleaning and runs must be sloped sufficiently to provide drainage.
[1]
Editor's Note: Former § 23-11, Liability, was redesignated as § 23-14 by L.L. No. 26-1990, adopted 12-18-1990, effective 11-24-1990.

§ 23-13 Guard dog agency licensing.

[Added 12-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
Any guard dog agency operating in or located in the Town of Brookhaven must annually obtain a license from the Town Clerk. The requirements to obtain a license are as follows:
A. 
Each guard dog must have and wear a current license tag and a current rabies tag at all times.
B. 
The premises used as home kennel for housing the guard dogs must meet the minimum standards set forth in § 23-12 if located in the Town of Brookhaven. The premises must be available for inspection prior to licensing and quarterly thereafter.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
C. 
The home kennel premises, if located in the Town of Brookhaven, must comply with the requirements of § 30-44 of the Code of the Town of Brookhaven and in addition the following organizations shall be notified as specified therein: Suffolk County Police Department and Brookhaven Animal Shelter.
D. 
The home kennel, if located in the Town of Brookhaven, shall not be located in a residential district. Any home kennel located in a residential district at the time of the adoption of this section shall become illegal six months after the adoption of this section.[1]
[1]
Editor's Note: Former Subsection E, establishing the license fee, which immediately followed this subsection, was repealed 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014.

§ 23-14 Guard dog working conditions.

[Added 12-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
When guard dogs are on assignment the following working conditions must be met:
A. 
The assigned location must meet the minimum standards set forth in § 23-12 and be available for routine inspection by the Town.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
B. 
The assigned location must comply with § 30-44 of the Code of the Town of Brookhaven and in addition the following organizations shall be notified as specified therein: Suffolk County Police Department and Brookhaven Animal Shelter.
C. 
Guard dogs on assignment must be in good physical condition and of a breed suitable to the working conditions of the particular location.

§ 23-15 Liability.

[Amended 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]
No liability shall be imposed upon the Dog Control Officer nor the Town nor any employee of the Town for destruction of any animal or animals pursuant to the provisions of this chapter.

§ 23-16 Prohibitions.

[Added 5-23-2002 by L.L. No. 7-2002, effective 5-28-2002]
A. 
If any dog shall attack any domestic animal, as defined in § 23-2 of this chapter, while such animal is in any place where it may lawfully be present, the owner or caretaker of such, or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.
B. 
Any person who witnesses an attack or threatened attack or, in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in the New York State Agriculture and Markets Law, farm animal as defined in the New York State Agriculture and Markets Law or domestic animal as defined in the New York State Agriculture and Markets Law to an Animal Control Officer or police officer. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subdivision 2 of § 123 of the New York State Agriculture and Markets Law, and if there is reason to believe that the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
C. 
Any person may, and if the provisions of Subsection B are met, any Town of Brookhaven Animal Control Officer shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack. The judge or justice shall then immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Town of Brookhaven Dog Control Officer, acting pursuant to his or her special duties, or police officer, directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days, and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied the dog is a dangerous dog, the judge shall then order any Town of Brookhaven Animal Control Officer, acting pursuant to his or her special duties, or police officer, to cause the dog to be euthanized immediately, or shall order the owner to securely confine the dog permanently, as set forth in § 23-5 of this chapter, except as provided in Subsection E of this section.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
D. 
A dog shall not be declared dangerous if the court determines that the conduct of the dog:
(1) 
Was justified because the threat, injury, or damage was sustained by a domestic animal under the dominion and control of a person who, at the time, was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog;
(2) 
Was justified because the injured domestic animal was tormenting, abusing, or assaulting the dog or has in the past, tormented, abused, or assaulted the dog; or
(3) 
Was responding to pain or injury, or was protecting itself, its kennels, or its offspring.
E. 
Confinement.
(1) 
In addition to an order of confinement, issued pursuant to Subsection C of this section, the judge or justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when:
(a) 
Confined in the presence of persons other than the owner or custodian; and
(b) 
Outside such enclosure for brief periods only when and for the period necessary to urinate, defecate, or receive medical treatment.
(2) 
The muzzle described in Subsection E(1) above shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
F. 
Nothing contained herein shall limit or abrogate any claim or cause or action under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.
G. 
Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV, Article 21 of the New York Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.

§ 23-17 Penalties for offenses.

[Amended 11-18-1990 by L.L. No. 26-1990. effective 11-24-1990; 5-23-2002 by L.L. No. 7-2002, effective 5-28-2002]
A. 
Any person who shall own or harbor a dog, unless such dog is licensed pursuant to this chapter, shall be guilty of a violation and subject to a penalty in accordance with the provisions of § 119 of the Agriculture and Markets Law as follows for each such violation:
[Amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010; 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(1) 
Upon a first conviction hereof, by a fine of not less than $25.
(2) 
Upon a second conviction hereof within five years, by a fine of not less than $50.
(3) 
Upon a third or each subsequent conviction hereof within five years, by a fine of not less than $100 or imprisonment for not more than 15 days, or both.
B. 
Any person who shall violate § 23-3I through K or § 23-3M of this chapter shall be guilty of an offense and, upon conviction thereof, shall be guilty of a misdemeanor and subject to a fine not exceeding $500 or imprisonment for a period of not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
C. 
Any person who shall violate any other provisions of this chapter for which violation no penalty is specifically provided herein, including but not limited to § 23-3H, 23-3O or 23-5, shall be guilty of a violation and punishable as follows:
[Amended 9-9-2008 by L.L. No. 18-2008, effective 9-17-2008; 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]
(1) 
Upon a first conviction hereof, by a penalty of not more than $500 for each violation.
(2) 
Upon a second conviction hereof within five years, by a penalty of not less than $500 but not exceeding $750.
(3) 
Upon a third or each subsequent conviction hereof, by a penalty of not less than $750 but not exceeding $1,000 or imprisonment for not more than 15 days, or both.
D. 
Appearance tickets. For any violation of any provision of this chapter except a violation of § 23-3K, an appearance ticket shall be issued pursuant to Article 150 of the New York Criminal Procedure Law. Answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation in lieu of personal appearance on the return date at the time and court specified in such appearance ticket.
E. 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing physical injury shall be subject to a civil penalty not to exceed $400 in addition to any other applicable penalties.
F. 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing serious physical injury shall be subject to a civil penalty not to exceed $800 in addition to any other applicable penalties.
G. 
The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to state or local law, to bite a domestic animal, or a person, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000, or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment in addition to any other applicable penalties.
H. 
If any dog, which had previously been determined by a judge or justice to be a dangerous dog as defined in § 23-2 of this chapter, shall, without justification, kill or cause the death of any domestic animal, or a person, who is peaceably conducting itself, himself, or herself in any place where it, he, or she may lawfully be present, regardless of whether such dog escaped without fault of the owner, the owner shall be guilty of a Class A misdemeanor in addition to any other penalties.
I. 
The owner shall not be liable pursuant to Subsections E, F, G, and H of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in § 130.35(1) or (2) of the New York State Penal Law, sodomy in the first degree as defined in § 130.50(1) or (2) of the New York Penal Law, or kidnapping within the dwelling or upon the real property of the owner of the dog if the dog injured or killed the person committing such criminal activity.

§ 23-18 Severability.

[Added 5-23-2002 by L.L. No. 7-2002, effective 5-28-2002]
If any clause, sentence, paragraph, subdivision, section, or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.