[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.
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]
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.
[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.
[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.
[Added 1-24-2017 by L.L.
No. 3-2017, effective 2-6-2017]
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.
[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]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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 § 23-31, 23-3J, 23-3K or 23-3N
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 less than 15 days
nor more than 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; 6-26-2018 by L.L. No.
14-2018, effective 7-9-2018]
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 of not less than 15 days nor more than 90 days, or
by both such fine and imprisonment, in addition to any other applicable
penalties.
[Amended 6-26-2018 by L.L. No. 14-2018; effective 7-9-2018]
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 misdemeanor in addition to any other penalties.
[Amended 6-26-2018 by L.L. No. 14-2018; effective 7-9-2018]
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.
[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.