[Adopted 10-11-1976 by L.L. No. 31-1976 (Ch. 26, Art. III, of the 1968 Code)]
[Amended 3-8-1982 by L.L. No. 12-1982]
It is hereby declared and found that the health,
welfare and safety of the inhabitants of the Village of Patchogue
require regulations supplementing Article 7 of the New York Agriculture
and Markets Law and pertaining to the licensure, seizure and disposition
of privately owned dogs. Article 7 of the New York State Agriculture
and Markets Law is incorporated by reference herein.
As used in this article, the following terms
shall have the meanings indicated:
Off the premises of the owner and not under the control of
the owner, his agent or a member of his family, whether by a rope,
leash or similar device.
The Clerk of the Town of Brookhaven.
Includes both male and female dogs.
The Dog Control Officer of the Town of Brookhaven.
[Amended 3-8-1982 by L.L. No. 12-1982]
Any person owning, harboring, having custody of or keeping
a dog.
Any person or persons, firm, partnership, association, company
or corporation.
A resident of the Village of Patchogue.
The area between the curbline and the abutting property owner's
line.
The Town of Brookhaven.
The Incorporated Village of Patchogue.
No person shall own or harbor a dog within the
Village of Patchogue unless same shall be licensed pursuant to the
laws of the State of New York and the ordinances of the Town of Brookhaven.
No person owning, harboring or having the control
or custody of a dog shall permit such dog, whether licensed or not,
to:
A.
Run at large in the Village of Patchogue 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 or hunting.
B.
Be, at any time, on any sidewalk, street, highway,
park or other public place in the Village of Patchogue, unless fully
controlled by the owner or some other person by means of a rope, leash
or other similar device.
C.
Be taken into any establishment in the Village of
Patchogue 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.
[Amended 3-8-1982 by L.L. No. 12-1982]
Any dog seized pursuant to the preceding section
may be redeemed by its owner, provided that such owner produces proof
that the dog has been licensed and pays the impoundment fee, which
fee shall be the amount of any veterinarian charges applicable to
the redeemed animal, plus:
A.
$10 for the first impoundment of any dog owned by
that person.
B.
$20 for the first 24 hours or part thereof and $3
for each additional 24 hours or part thereof for the second impoundment
within one year of the first impoundment of any dog owned by that
person.
C.
$30 for the first 24 hours or part thereof and $3
for each additional 24 hours or part thereof for the third and subsequent
impoundments within one year of the first impoundment of any dog owned
by that person.
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 Village
of Patchogue, 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 or harborer of such dog or dogs control thereof
at all times when such dog or dogs shall be upon any such dock or
wharf owned and maintained by the said Village.
[Amended 3-8-1982 by L.L. No. 12-1982]
A.
The Dog Control Officer, in addition to the powers
granted to him by law, may, upon the application of a resident and
surrender of a dog, accept:
B.
A resident who shall surrender a dog pursuant to this
section shall produce a current license for such dog and pay to the
shelter clerk a fee as may be established by the Town Board of the
Town of Brookhaven from time to time.
A.
The fact that a dog is without a tag attached to a
collar, as provided in this article, 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 article or the Agriculture and Markets Law
of the State of New York shall be presumed, for purposes of this article,
to be the owner of such dog.
C.
For purposes of this article, it shall be presumed
that any unlicensed dog harbored in a one-family dwelling is owned
by all adults residing in that one-family dwelling.
[Amended 3-8-1982 by L.L. No. 12-1982]
No liability shall be imposed upon the Dog Control
Officer, the Town, the Village or any employee of said Town or Village
for destruction of any animal or animals pursuant to the provisions
of this article.
[Added 3-8-1982 by L.L. No. 12-1982;
amended 3-9-2009 by L.L. No. 7-2009]
