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.
