The purpose of this chapter, known as the "Animals Law of the Village of Briarcliff Manor," shall be to promote the health, safety and general welfare of the Village of Briarcliff Manor, by adopting and enforcing certain regulations and restrictions on the privileges of the owners of animals within the Village limits.
Undefined terms in this chapter shall have the same meaning as defined by Article 26 of New York Agricultural Markets Law or, if not there defined, their common meaning shall apply.
Any individual appointed by the Village to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village to assist in the enforcement of this article.
Any animal that is unleashed, uncaged, or otherwise uncontrolled, and on property open to the public or is on private property not owned or leased by the owner of the animal unless permission for such presence has been obtained. However, no animal shall be deemed to be at large if it is:
Any member of the species Canis familiaris.
Any companion animal or pet, including any dog, cat, or animal normally maintained in or near the household of the owner or person who cares for such animal. A domesticated pet shall not include any farm animal as defined hereunder.
Any hoofed mammal, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in § 11-1907 of the New York State Environmental Conservation Law. Fur-bearing animal shall nor include dogs or cats.
The person or people who generally harbor, keep, or provide food and shelter for the animal on an ongoing basis. If the owner of any animal which is found to be in violation of this article is a minor, the head of the household in which said minor resides shall be deemed to be the owner of said animal and shall be responsible for any acts of said animal in violation of this article.
The owner of every animal which is at any time kept, brought or comes into the Village of Briarcliff Manor will be held responsible for the observance of this article at all times.
Any person who harbors, keeps, or transports an animal within the Village shall be deemed to have committed a nuisance which is a violation of this article if such animal:
A.
Attacks, bites, molests, mauls, harasses, or physically harms, without provocation, any person or animal who is in any place where they may lawfully be.
B.
Injures personal property or plantings, including but not limited to lawns, gardens, flowers, shrubs and trees.
C.
Upsets or otherwise interferes with garbage or recycling receptacles.
D.
Enters any property other than that of its owner without the consent of the property owner.
E.
Deposits fecal matter or urinates upon any property owned by another person outside of the Village right-of-way.
F.
Deposits uncollected fecal matter upon any public property, including but not limited to public parks, roadways, sidewalks, driveways, streets, rights-of-way, playgrounds, trails, parking lots, or other public place, or on school or private property, without the consent of the owner of such property; provided, however, that this provision shall not be applicable to a person using a service dog licensed as such pursuant to the New York State Agriculture and Markets Law.
G.
Chases motor vehicles, bicycles or other moving vehicles.
H.
Chases or otherwise harasses any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
No person shall permit any animal, including domesticated pets, to run at large in or upon any public street or place in the Village, or on any private property without the permission of the owner of such property.
A.
No person shall keep or harbor within the Village any animal, other than domesticated pets, within 50 feet of any property line or within 100 feet of any neighboring dwelling.
B.
No person shall keep, harbor, or transport within the Village any rooster.
C.
Nothing herein shall disallow the temporary use of contracted goats or other farm animals for the clearing of invasive species, or the removal of weeds, or the elimination of other undesirable overgrowth, from private property.
D.
Maximum number of animals.
Animal | Maximum Count on Minimal Lot Size | Minimal Lot Size | Additional Animals |
|---|---|---|---|
Fowl (chickens, ducks, greese, etc.) | 12 | 1 acre | More than 12 on any lot 4 acres or larger |
Goats and sheep | 2 | 2 acres | Additional 1/2 acre for each additional goat or sheep |
Horses, donkeys, mules, other large farm animals | 1 | 2 acres | Additional 1 acre for each additional animal |
Cattle | 1 | 5 acres | Additional 1 acre for each additional cattle |
Swine | 2 | 2 acres | Additional 1/3 acre for each additional swine |
Dogs | 4 | Any lot size | |
Cats | 6 | Any lot size |
E.
In all cases, the keeping of farm animals shall be limited to lots of one acre or more with ample open space to accommodate the specific animal, incident to the residential use of the land, not operated for gain, and subject to any regulations or standards promulgated by the Westchester County Department of Health and Board of Trustees.
F.
On lots of 10 acres or more, the raising of farm crops and livestock for gain by a resident occupant, accessory farm buildings, stables, farm machinery and equipment and storage of manure shall be permitted, provided no such use is located within 50 feet of any lot line.
G.
Where combinations of animals are kept, the total required acreage shall be additive. For example, one or two goats (requiring one acre) and six chickens (requiring one acre) would require a minimum lot size of two acres.
H.
Lots with any harbored animals other than dogs and cats shall have appropriate, secure physical fencing, with self-latching gates or doors, to prevent animals from roaming beyond lot lines or otherwise become animals at large.
I.
All feed shall be housed in rodent-proof containers.
J.
Barns and animal storage areas shall be located at least 50 feet from each property line and 300 feet from any neighboring dwelling.
K.
Any accessory structures related to the care, maintenance, or housing of animals must be permitted within, and must meet all conditions of accessory structures within, the applicable zoning district as well as any requirements of this chapter and, in cases where any conflict of requirement occurs, the more restrictive requirement shall prevail.
L.
No animal, including any guard dogs or animals trained to provide security services, may be kept unattended in any commercial district, or in number greater than allowed herein, without the permission of the Planning Board. Application for any animal in any commercial district, or on any property subject to special permit, shall meet any reasonable criteria or conditions placed by the Planning Board for approval of such use.
A.
No owner shall permit the premises, structures or enclosures in which an animal is kept to be so unclean or unsanitary as to create a public nuisance.
B.
No owner shall confine any animal in kennels or cages that are insufficient in size or otherwise prevent them from standing, turning, or making normal movements, or to have insufficient access to food, water, and protection from elements.
C.
No person shall leave an animal confined outside in inclement or dangerously hot or frigid weather without access to adequate shelter or where such confinement places the animal in danger of death, dehydration, or serious injury.
D.
No person shall confine an animal in a motor vehicle, trailer, or carrier in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold.