[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.
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.