[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:
ANIMALS
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.
AT LARGE
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]
DOG
Incudes both the male and the female animal.
KENNEL
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.
OWNER
Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
RESIDENT
A person who maintains a residence within the Village of Brightwaters.
SURRENDER
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.