[HISTORY: Adopted by the Board of Trustees of the Village of Brightwaters
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 84.
[Adopted 1-24-1972 by L.L. No. 1-1972
as Ch. 3 of the 1972 Code]
As used in this article, the following terms shall have the meanings
indicated:
Dogs, cats, horses, reptiles, rodents, birds, fowl, poultry or livestock
of any nature or kind, whether kept as pets or for use of any nature or purpose.
Off the premises of the owner and not under the control of the owner
or other responsible person by leash, cord, chain or other visible physical
restraint.
[Amended 7-6-2004 by L.L. No. 19-2004]
Incudes both the male and the female animal.
The confinement or keeping of three or more adult (over six months
of age) animals as defined above, on a premises, in or out of an enclosure
of any kind.
Any person or persons, firm, association or corporation owning, keeping
or harboring a dog.
A person who maintains a residence within the Village of Brightwaters.
A voluntary forfeiture of ownership and possession.
[Amended 7-6-2004 by L.L. No. 20-2004]
No person shall cause, suffer or allow any animals be at large within the Village, except as allowed by § 84-2 of this Code.
[Amended 1-6-2003 by L.L. No. 1-2003]
A.
No person shall own or harbor a dog within the Village
unless it is licensed in accordance with the requirements of Article 7 of
the Agriculture and Markets Law of the State of New York.
B.
No dog, whether licensed or not, shall be allowed to
run at large in any area of the territorial limits of the Village.
[Amended 11-4-1991 by L.L. No. 4-1991]
A.
The Dog Control Officer designated by the Village or
any peace officer is authorized and directed to seize and confine at the Town
of Islip dog pound for a period not exceeding seven days all dogs found at
large, unmuzzled or not under the immediate possession and control of the
owner or person in charge thereof.
B.
Any dog seized may be redeemed by the owner upon payment
to the Dog Control Officer of a fee in the amount established by the enforcing
agency. All dogs not redeemed within such period of seven days shall be destroyed
by the Dog Control Officer designated by the Village, who shall be entitled
to the fees as provided in § 118 of the Agriculture and Markets
Law of the State of New York.
[Amended 11-4-1991 by L.L. No. 4-1991; 11-4-2002
by L.L. No. 9-2002]
No person owning, harboring, keeping or in charge of a dog shall knowingly
or carelessly or negligently permit such dog or other animal to defecate upon
any public street or its right-of-way, any other public property or private
property in the Village of Brightwaters, and same shall constitute an offense
under this article unless the feces are immediately removed by said person.
[Amended 11-4-1991 by L.L. No. 4-1991]
A.
The Dog Control Officer designated by the Village, in
addition to the powers granted to him by law, may, upon the application of
a resident of the Village of Brightwaters and surrender of the animal at the
dog pound, accept any dog owned by such resident for immediate destruction
or any dog for immediate adoption, in which case the dog shall be kept for
a minimum of seven days and, if not adopted, destroyed, at the discretion
of the Dog Control Officer designated by the Village.
B.
A resident of the Village of Brightwaters who shall surrender
a dog to the Dog Control Officer designated by the Village for adoption or
destruction shall pay a fee as established by the enforcing agency.
[Amended 11-4-1991 by L.L. No. 4-1991]
No liability shall be imposed upon the Dog Control Officer designated
by the Village nor the Village of Brightwaters nor any employee of the Village
of Brightwaters for destruction of any animal or animals pursuant to the provisions
of this article.
[Amended 11-4-1991 by L.L. No. 4-1991; 11-4-2002
by L.L. No. 10-2002]
The Dog Control Officer, Deputy Dog Enforcement Officers, Village Code
Enforcement Officers and peace officers duly authorized to act as such within
the Village of Brightwaters are hereby authorized to issue summonses and to
present informations for the appearance of violators of this article before
courts of competent jurisdiction.
No person, firm or corporation shall at any time maintain a kennel for
the purpose or boarding, breeding, raising, training or otherwise dealing
in animals. The boarding, training or sale of animals within the limits of
the Village of Brightwaters is hereby prohibited.
No person owning or possessing any animal shall allow it to disturb
the comfort, peace or repose of any persons in the vicinity by long-continued
or frequent noise. If a complaint is made to the Village Clerk that such noise
has occurred, the owner, keeper or possessor of the offending animal shall
be notified of the provisions of this Article and that its violation is charged.
No penalty hereunder shall be inflicted unless such notification has been
made and a violation thereafter has recurred.
No person shall harbor, keep or maintain within the Village limits any
livestock, pigs, hogs, cattle, poultry, horses or other animals, but the keeping
of ordinary household pets is not hereby prohibited.
[Added 3-3-2003 by L.L. No. 3-2003]
Hunting of wildlife within the corporate limits of the Village is strictly
prohibited.
[Amended 11-4-1991 by L.L. No. 4-1991]
Except as otherwise provided in Article 7 of the Agriculture and Markets
Law, any person committing an offense against any provision of this Article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.
[Adopted 4-5-1976]
[Amended 11-4-1991 by L.L. No. 4-1991]
The Board of Trustees of the Village of Brightwaters does request and
authorize the Islip Dog Control Officer to enforce the Village Code within
the confines of the Village.
