[Adopted 7-22-1986 as L.L. No. 1-1986]
It is hereby declared and found that the health, welfare and safety of the inhabitants of the Village of Belle Terre require regulations supplementing Article 7 of the New York State Agriculture and Markets Law and pertaining to the licensure, seizure and disposition of privately owned dogs and cats. 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:
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.
DOG CONTROL OFFICER
The Dog Warden of the Town of Brookhaven.
OWNER
Any person owing, harboring, having custody of or keeping a dog or cat.
PERSON
Any person or persons, firm, partnership, association, company or corporation.
RESIDENT
A resident of the Village of Belle Terre.
SIDEWALK
The area between the curbline and the abutting property owner's line.
TOWN
The Town of Brookhaven.
VILLAGE CLERK
The Clerk of the Village of Belle Terre.
A. 
No person shall own or harbor a dog unless it is licensed pursuant to Article 7 of the New York State Agriculture and Markets Law and this Article. Licenses shall not be required for dogs:
(1) 
Under the age of six months which are not at large.
(2) 
Possessing a valid purebred license as provided in Article 7 of the New York State Agriculture and Markets Law.
(3) 
Confined to the premises of an animal shelter or incorporated societies devoted to the care or treatment of lost, strayed or homeless animals.
(4) 
Confined to the premises of a college, educational or research institution for purposes of research.
(5) 
Confined to the premises of a person, firm or corporation that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets.
B. 
Every person owning or harboring a dog shall make an annual application for a license to the Town of Brookhaven Clerk. Except as hereinafter provided, the applicant shall pay to the Town of Brookhaven Clerk or Dog Control Officer, as the case may be, at the time of making application, the current fees as charged by the Town of Brookhaven.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
If the application shall disclose and the Clerk is satisfied that the dog for which the license is sought is either a guide dog trained to aid the blind or a hearing dog trained to aid the deaf or a service dog and actually is in use for such purpose or is owned by a recognized guide dog or hearing dog or service dog training center located within the state during the period such dog is being trained or bred for such purpose or a so-called "war dog" honorably discharged from any K-O section of the United States Armed Forces or a so-called "police work dog" trained to aid law enforcement officers and is actually being used for police work purposes, the license shall be issued without the payment of any fee and the Clerk shall inscribe across the face of the license, in red, the words "guide dog," "hearing dog," "service dog," "war dog" or "police work dog," as the case may be.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
The owner shall place and keep on each licensed dog a suitable collar, to which shall be securely attached the license tag issued for such dog. No dog shall be permitted to be at large without a collar and license tag. No license tag shall be placed on a dog other than the dog described in the license.
No person owning, harboring or having control or custody of a dog shall permit such dog, whether licensed or not:
A. 
To run at large in the incorporated areas of the Village of Belle Terre elsewhere than on the premises of such person or on the premises of another person with the consent of such other person.
B. 
To be at any time on any street, highway, park or other public place in the incorporated area of the Village of Belle Terre unless fully controlled by the owner or some other person by means of a rope, leash or other similar device.
A. 
Except as hereinbefore provided, the dog control officer shall:
(1) 
Seize any dog running at large.
(2) 
Seize any dog which is not licensed, whether on or off the owner's premises.
(3) 
Issue summonses to the owners of all dogs seized.
B. 
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.
Any dog seized pursuant to § 37-12 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 the impoundment fees currently charged by the Town of Brookhaven.
[1]
Editor's Note: Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The fact that a dog is without a tag attached to a collar, as provided by Article 7 of the New York State Agriculture and Markets Law, 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 Article 7 of the New York State Agriculture and Markets Law 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 the one-family dwelling.
No liability shall be imposed upon the dog control officer nor the Village of Belle Terre nor the town nor any employee of the town for destruction of any animals pursuant to the provisions of this Article.
The Village of Belle Terre is a bird sanctuary. All owners of cats must require that their cat wear a bell.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
[1]Except as may be provided in Article 7 of the Agriculture and Markets Law:
(1) 
Any person who shall own or harbor a dog, unless such a dog is licensed pursuant to Article 7 of the New York State Agriculture and Markets Law, shall be subject to a fine not exceeding $250 or imprisonment for not more than 15 days, or both. Each day that a violation of this Article occurs or continues shall constitute a separate and distinct violation thereof.
(2) 
Any person who shall violate any provisions of this Article for which violation no penalty is specifically provided herein shall be subject to a fine not exceeding $250 or imprisonment for not more than 15 days, or both. Each day that a violation of this Article occurs or continues shall constitute a separate and distinct violation thereof.
[1]
Editor's Note: Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
The enactment of this Article or any prosecution hereunder shall not be deemed to prohibit an action for the recovery of damages or penalties under Article 7 of the New York Agriculture and Markets Law.