[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Noise control — See Ch. 185.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any and all types of animals, fowl, fish, both domesticated
and wild.
An animal which, when it is not on the premises of its owner
or custodian:
Without being provoked, harasses or threatens a person in such
a manner so as to create fear or the apprehension of bodily injury
to such person; or
Deposits animal waste on, or damages the real property of, or
damages or destroys the personal property of, a person other than
the animal's owner or custodian.
Not on the premises of an animal's owner or custodian
or not on a leash and under the immediate control of an animal's
owner or custodian.
Any animal which by nature or behavior is capable of inflicting
bodily harm upon a person, such as, but not limited to, poisonous
snakes and reptiles, carnivorous birds, cats, large monkeys, apes
and bears.
The individual or officer responsible for dog control services
under the Village contract with the Town of Oyster Bay.
Those species of birds commonly know as white ducks, barnyard
geese, Muscovy ducks and any other geese and ducks bred by man but
not any other waterfowl falling under the jurisdiction of the United
States Fish and Wildlife Service and or the New York State Department
of Environmental Conservation.
To give, place, expose, deposit, distribute, or scatter any
edible material with the intention of feeding, attracting, or enticing
migratory or domestic waterfowl.
Those species of birds commonly known as swans, geese, and
ducks, and any other waterfowl falling under the jurisdiction of the
United States Fish and Wildlife Service.
Any individual, company, partnership, corporation, limited
partnership, joint venture, or other legal entity.
An animal which has once bitten any person or twice makes
an unprovoked attack upon and bites another dog or other domestic
animal while at large.
Any land which is owned, maintained, leased, or managed by
the Village of Old Brookville for any purpose whatsoever, including
but not limited to parks, preserves, beaches and drains.
A.
Any person who is the owner, harborer or having custody or control
of any animal shall not permit any animal, except dogs that are not
vicious or annoying, and house cats not exceeding 15 pounds in weight,
to be at large in the Village.
B.
No person owning, possessing, harboring or having custody or control
of any animal shall permit such animal to deposit any animal waste,
as that term is commonly understood, on any public street, road, or
highway, including the rights-of-way thereof, or other public place
located within the Village of Old Brookville unless such waste is
immediately removed in a sanitary manner.
A.
Complaints.
(1)
Any person complaining that an animal is vicious or annoying, or
is or was at large in violation of this chapter, may contact the Old
Brookville Police Department or make a written complaint to the Village
Clerk. Each complaint submitted to the Village Clerk shall include
the date, time, place and manner in which the animal was vicious,
annoying or at large, together with the name and address of the owner
or custodian of said dog, to the extent known or reasonably ascertainable,
and shall be signed by the complainant.
(2)
Upon receipt of a written complaint, the Village Clerk shall notify
the owner or custodian of said animal, if known, that a complaint
had been received and that said animal may be impounded by the Dog
Warden or Old Brookville Police Department upon being subsequently
found at large.
(3)
Upon receipt by the Village Clerk of a subsequent written complaint,
the Village Clerk or Village Attorneys may notify the Dog Warden or
Old Brookville Police Department to take the necessary steps to impound
the animal.
C.
Review procedure. On request of the Village, or the owner or custodian
of an animal deemed to be vicious or annoying, the Village Justice
shall hold a hearing for the purpose of reviewing the complaint and
determining whether the animal which is the subject of the complaint
is vicious or annoying, he shall order or declare that such animal
is vicious or annoying, and thereafter it shall continue to be unlawful
for such vicious or annoying animal to be at large in the Village.
A.
Upon finding by the Village Justice that an animal is vicious or
annoying, or that an animal was at large in violation of this chapter,
the owner or custodian of such animal shall be responsible in damages
for any injury or damage caused by such animal and shall also be liable
for a fine as provided for in this Code. The Village Justice may order
that any dangerous animal or vicious dog be destroyed.
B.
Any officer of the Police Department is authorized to kill any dangerous
animal or vicious animal when it is necessary for the protection of
any person or property.
A.
Regulation. No person shall set, install, construct, operate or maintain
any trap, dead fall, or other device or set out any chemical substance
designed or intended to capture, kill or take birds, fur-bearing or
domestic animals within Village.
A.
No person shall feed or provide food for any domestic or migratory
waterfowl on Village property at any time of the year.
B.
The provisions of this section shall not apply to property owned
by or under the jurisdiction of other municipal authorities, the State
of New York, and any agency thereof or the government of the United
States of America.
