The purpose of this chapter is to include provisions
for the removal and disposal of filth deposited by dogs and to amend
by repealing Local Law No. 21-1984, entitled "Animals," and to replace
said law with this chapter.
Dogs, whether licensed or not, shall be subject
to the following restrictions:
A. No person owning, harboring or having the care, custody
or control of any dog shall permit such dog to be at large in the
Village of Rye Brook other than on the premises of the owner, except
to be on the premises of another person with the knowledge and consent
of such other person.
B. The person owning, harboring or having the care, custody
or control of any dog in the Village of Rye Brook which is not on
the premises of the owner or on the premises of another person with
the knowledge and consent of such person shall control and restrain
such dog with a chain or leash not exceeding five feet in length.
C. No person owning, harboring or having the care, custody
or control of any dog shall permit such dog to dig on any common thoroughfare,
sidewalk, passageway, public street, play area or park or any place
where people congregate or walk or upon any school or public property
whatsoever or upon any private property, without the permission of
the owner of said property.
[Amended 3-9-2010 by L.L.
No. 3-2010]
D. Dogs are
permitted in parks within the Village, provided they are on a leash
no longer than five feet; however, dogs are prohibited from active
recreation areas of the parks, including, but not limited to, playgrounds,
sandboxes, ball fields, artificial turf or sport courts.
[Added 3-9-2010 by L.L.
No. 3-2010]
E. Any dogs
in public areas, including parks, shall be attended and on leash at
all times.
[Added 3-9-2010 by L.L.
No. 3-2010]
[Amended 2-9-2021 by L.L. No. 5-2021]
A. No building or structure shall be erected or plot of ground be used
in the Village of Rye Brook for the purpose of maintaining or raising
chickens, hens, roosters, ducks, turkeys, pigeons or poultry of any
kind, except that the maintaining/raising of a maximum of six female
chickens, or hens, may be authorized by permit from the Board of Trustees,
provided that the maintaining/raising of any such chickens/hens will
not be objectionable or offensive by reason of noise, smell or other
cause.
B. Application.
(1) An application for a permit to keep female chickens/hens shall be
filed by the property owner. Such property owner shall reside at the
address where the chickens/hens will be kept. The permit application
shall be on such forms as are provided by the Village.
(2) All applications for a permit to keep chickens/hens shall be accompanied
by a fee in an amount set by resolution of the Board of Trustees in
the License and Permit Fee Schedule on file in the Village Clerk's
office, which may be amended from time to time.
(3) The application shall, at a minimum, include the following information:
(a)
The name, phone number and property address of the applicant;
(b)
The location of the subject property;
(c)
The size of the subject property;
(d)
The maximum number of chicken/hens the applicant seeks to keep
on the property;
(e)
A description of any coops or cages that will house the chickens/hens,
together with a description of any fencing, barriers or enclosures
surrounding the curtilage of the property;
(f)
A drawing or sketch showing the location of cages, coops, enclosures,
fences and barriers and the distance to the property lines and to
structures on adjacent properties; and
(g)
A description of the manner by which feces and other waste materials
will be removed from the property or will be treated so as not to
result in unsanitary conditions or in the attraction of rodents and
insects.
(4) The Board of Trustees shall have the authority to approve less than
the number sought by the applicant based on the attendant circumstances.
No more than six chickens/hens may be kept on the premises at any
one time.
(5) The applicant shall demonstrate to the satisfaction of the Board
of Trustees that the location of their coop and fenced enclosure/run,
and the maintaining/raising of such female chickens/hens, will not
have a negative impact on their immediate neighbors by reason of noise,
smell, or other cause.
(6) The application of a permit to keep chickens/hens shall not be subject
to a public hearing.
C. The keeping of female chickens/hens is not encouraged in the Village
of Rye Brook; however, the Board of Trustees recognizes that under
certain limited circumstances the keeping of female chickens/hens
may be permissible if a property owner can demonstrate to the satisfaction
of the Board of Trustees that the keeping of such chickens/hens will
not present a nuisance for neighboring properties and will not have
a negative impact on the public health, safety and general welfare
of the Village's residents. The Board of Trustees may issue a
permit, provided it finds that all of the conditions and standards
set forth in this section will be met.
D. Standards for the keeping of female chickens/hens. When authorized
by the Board of Trustees, the maintaining/raising of female chickens/hens
shall be subject to the following conditions and requirements, which
shall be observed at all times:
(1) The keeping of chickens/hens is for personal use only.
(2) The keeping of roosters is prohibited.
(3) No selling of chickens/hens, eggs or manure is permitted.
(4) All feed must be kept indoors in sealed containers with securely
fastened covers, at all times, to minimize the infestation of rodents
or problems with predators.
(5) There shall be an adequate coop with an adjacent fenced enclosure/run
for such chickens/hens, which must be located a minimum of 40 feet
from any residence situated on an adjacent lot.
(6) The coop and fenced enclosure/run shall not be located in any front
yard. The coop shall be covered and ventilated, and the fenced enclosure/run
is required.
(7) The coop and fenced enclosure/run must be completely secured from
predators, including all openings, ventilation holes, doors and gates.
(8) The coop must have litter such as straw or shavings on the floor
at all times, generally at least four inches in depth. This litter
must be regularly changed to prevent unsanitary and unhealthy conditions.
(9) The coop and fenced enclosure/run shall be kept clean and free of
noticeable odors across property lines.
(10) There shall be no outdoor slaughtering of chickens/hens.
E. Permit approval, suspension or revocation.
(1) The Board of Trustees shall determine, in its sole discretion, and
taking into account the entire record before it, whether or not a
permit to keep chickens/hens shall be issued to the applicant.
(2) To mitigate any potential visual impact on neighboring properties
or streets, the Board of Trustees may require the use of evergreen
landscaping, fencing or other such techniques which encourage harmony
with and the protection of the character of existing residences and
properties.
(3) In addition to the requirements specified above, the Board of Trustees
may institute such conditions as said Board may determine necessary
to assure that the purpose and intent of this section, as well as
of this chapter as a whole, are met and that the public health and
general welfare of the Village's residents are properly protected.
(4) Only one permit shall be issued per applicant and per property. No
applicant shall be eligible to obtain a permit for multiple properties,
nor shall more than one permit be issued to one property address.
(5) In the event the property owner no longer owns or resides at the
permitted address, the permit to keep chickens/hens shall be deemed
terminated.
(6) A permit to keep female chickens/hens may be suspended or revoked
by the Board of Trustees upon written notice by the Board of Trustees
if the permittee fails to comply with the conditions set forth in
the permit, this chapter, or any other law, rule, regulation or ordinance,
or if it appears the keeping of the chickens/hens is objectionable
or offensive by reason of noise, smell or other cause.
F. Renewal. All permits to keep chickens/hens shall be valid for five
years from the date the permit was issued. Permits may be renewed
by the Board of Trustees upon application submitted at least 10 days
before the expiration of the permit. If no violations have been reported,
the permit may be renewed for successive five-year periods. If violations
have been reported, they must be remedied before the permit will be
reissued. Inspection of the premises by the Building Inspector may
be required.
G. A nonconforming use may not continue and must terminate immediately.
No building, structure or premises shall be
erected, altered or used in any residential district for the housing
or harboring of swine, goats, bovines, rabbits, foxes or mink, except
where authorized by special permit from the Village of Rye Brook.
No accessory building or structure or part thereof
used for the housing of animals other than dogs shall be less than
50 feet from any lot line in any district.
[Added 8-23-2016 by L.L.
No. 6-2016]
A. It shall be unlawful for any person to sell any live dog or cat in
any pet store, retail business or other commercial establishment in
the Village of Rye Brook, unless the dog or cat was obtained from
an animal shelter of a humane society located in the County of Westchester,
or a nonprofit rescue and humane organization registered within the
New York State Department of Agriculture.
B. For purposes of this section, a rescue and humane organization is
defined as a New York State nonprofit corporation that is exempt from
taxation under Internal Revenue Code Section 501(c)(3), participates
in early age spay/neuter of animals, complies with state and local
laws regarding the humane treatment of animals, and whose mission
and practice is, in whole or in significant part, the rescue and placement
of dogs and/or cats.
[Amended 8-23-2016 by L.L. No. 6-2016]
A nonconforming use may not continue and must terminate immediately. Any person violating any of the provisions of this chapter shall be subject of a fine in accordance with the provisions of §
78-11.
[Added 3-9-2010 by L.L.
No. 3-2010; amended 8-23-2016 by L.L. No. 6-2016]
A violation of this chapter may be enforced by means of an administrative
citation and a penalty in the amount of up to $250 for the first violation,
$500 for the second violation, and $1,000 for each subsequent violation.
Each sale of a pet covered by this chapter shall be considered to
be a separate violation of this chapter.