[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 7-26-1988 by L.L. No. 6-1988. Amendments noted where applicable.]
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:
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.
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.
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]
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]
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]
Removal of filth. It shall be the duty of any person owning, harboring or having the care, custody or control of any dog to promptly remove any feces left by such dog on any common thoroughfare, sidewalk, passageway, public street, play area or park or any place where people congregate or walk or upon any school property or any private or public property whatsoever.
Method of removal. Feces shall be removed by the person having custody or control of said dog by picking it up with a scoop, shovel, broom, tong or other similar implement and depositing same directly into an airtight container, plastic or otherwise.
Disposal of filth. The feces removed from the aforementioned designated area(s) shall be disposed of by depositing same in a container used for the disposal of refuse. In no event shall any feces be deposited in storm or sanitary sewers or drains.
Guide dogs excepted. The provisions of this section shall not apply to blind persons while actually using a guide dog licensed as such pursuant to the Agriculture and Markets Law §§ 109 and 110.
Any dog running at large shall be liable to be impounded by the police or the person or agency duly appointed pursuant to the Agriculture and Markets Law of the State of New York. The procedure to be followed for impounding and for destroying a dog shall be in accordance with the provisions of the Agriculture and Markets Law § 118, in that dogs so seized must be held, redeemed and disposed of as set forth therein.
If a seized dog is tagged (licensed), the seizing officer must give personal notice in writing to the owner or a member of his family who is at least 18 years of age. The owner may redeem the dog within 12 days by paying to the Village Clerk the current cost-of-seizure fee; the cost of care and feeding must be borne by the Village. If not so redeemed, the seizing officer shall sell or destroy the dog. The cost-of-seizure fee and money collected from the sale of seized dogs must be remitted to the Commissioner of Finance of Westchester County on a monthly basis, together with other dog license fees.
If a seized dog is not tagged (unlicensed), the provisions of the Agriculture and Markets Law § 118, shall apply. The conditions set forth above must be followed, except that no notice must be given to the owner, the cost-of-seizure fee may be higher and the redemption period is five days.
[Amended 2-9-2021 by L.L. No. 5-2021]
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.
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.
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.
The application shall, at a minimum, include the following information:
The name, phone number and property address of the applicant;
The location of the subject property;
The size of the subject property;
The maximum number of chicken/hens the applicant seeks to keep on the property;
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;
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
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.
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.
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.
The application of a permit to keep chickens/hens shall not be subject to a public hearing.
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.
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:
The keeping of chickens/hens is for personal use only.
The keeping of roosters is prohibited.
No selling of chickens/hens, eggs or manure is permitted.
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.
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.
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.
The coop and fenced enclosure/run must be completely secured from predators, including all openings, ventilation holes, doors and gates.
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.
The coop and fenced enclosure/run shall be kept clean and free of noticeable odors across property lines.
There shall be no outdoor slaughtering of chickens/hens.
Permit approval, suspension or revocation.
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.
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.
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.
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.
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.
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.
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.
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.
The housing or harboring of horses or equine livestock shall only be permitted in any residential district on the following conditions:
Such housing or harboring shall be accessory to the principal use of the property.
Such activity shall be conducted for the use of residents only.
The boarding or rental of horses or other equine livestock shall not be permitted.
No horse or other equine livestock shall be housed or harbored on any plot less than two acres in size, and no more than two horses or other type of equine livestock shall be permitted per one acre or major fraction thereof, in no event to exceed eight horses or other equine livestock.
No barn, stable or other roofed structure or accessory building for the sheltering of horses or equine livestock shall be located within 50 feet of any side or rear yard line, nor shall any structure be located within the front yard which lies between the principal residential structure and the street.
All corrals, runs or other open areas shall be enclosed by a fence at least five feet in height. Such fence shall be located more than five feet from any side or rear yard line and shall not be located within any front yard which lies between the principal residential structure and the street.
There shall be at least 110 square feet of stall area for each horse or equine livestock.
Manure shall be kept in weatherproof containers at least 50 feet from all adjoining property lines.
All premises where horses or equine livestock are housed or harbored shall conform to all of the standards and requirements of the Westchester County Department of Health and the Westchester County Sanitary Code.
Every owner of a horse or other equine livestock shall keep the animal(s) under restraint at all times and shall not permit said animal(s) to be at large on any street, sidewalk or public place in the Village of Rye Brook. A horse or equine livestock shall be deemed at large when it is off the property of its owner and not under the restraint and obedient to the orders of a competent person of suitable age and discretion. No horse or equine livestock shall be permitted on the sidewalks within the Village of Rye Brook.
[Added 8-23-2016 by L.L. No. 6-2016]
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.
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.
Editor's Note: Original Section 10, which immediately followed this section and dealt with penalties for offenses, was deleted 12-15-1992 by L.L. No. 2-1992.
[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.