A.
Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may make
a complaint of an attack or threatened attack of a dog upon a person,
companion animal, farm animal, or a domestic animal, to an Animal
Control Officer or police officer.
B.
The Village shall follow the procedures and notification requirements
of New York Agriculture and Markets Law § 123 to process
such complaint, including effecting a decision by a court of competent
jurisdiction to evaluate the danger of any dog, determine whether
it requires immediate seizure, additional evaluation, and ultimately
the necessary additional actions, as are appropriate under the circumstances,
and as deemed necessary for the protection of the public.
C.
Nothing contained in this section shall limit or abrogate any claim
or cause of action any person who is injured by a dog with a vicious
disposition or a vicious propensity may have under common law or by
statute. The provisions of this section shall be in addition to such
common law and statutory remedies.
During every period in which a female animal is in heat, the
owner of such animal shall: i) confine the animal in or on the premises
of the owner; or ii) leash the animal while off premises with sufficient
restraint to prevent interactions with any other animals.
Except where marked by lawfully placed signage indicating otherwise,
no animal shall be in any park, playground, athletic field, or trail,
other than domestic animals that are leashed, caged, or restrained,
and under the control of its owner or other responsible person at
all times.
A.
Consistent with New York State Agriculture and Markets Law Chapter 69, Article 26, § 373, any animal found to be lost, strayed, homeless or abandoned, or treated in any matter inconsistent with § 81-7 herein may be picked up or captured by an Animal Control Officer, police officer, or any other person or agent duly designated by the Village of Briarcliff Manor or state law to perform such service.
B.
Any animal at large which does not display any required license or
other means of identification or which fails to exhibit any evidence
of having had administered to it a rabies vaccination required under
New York State law, or otherwise poses a threat to the public, may
be summarily impounded.
C.
Any such Animal Control Officer, police officer or other authorized
person or agency may use such force necessary to pick up or capture
such animal without intentionally injuring or harming the animal.
A.
Any confiscated animals shall be held at the Briarcliff Manor Police
Department or placed in custody of a suitable shelter or animal rescue
facility selected by a resolution of the Board of Trustees.
B.
If a known owner is not able to be contacted by phone, the Village or its designee shall serve such owner or an adult member of the family with written notice, personally delivered, or delivered by certified mail, return receipt requested, which shall state that the dog has been seized, provide instructions for retrieval, and warn that the animal may be placed for adoption or destroyed unless redeemed as provided in § 81-13 of this article.
A.
The owner of an animal seized and impounded as provided in §§ 81-11 and 81-12 of this article may redeem a licensed dog within 12 days and an unlicensed animal within eight days by paying a fee to the Village Clerk, as set forth by resolution of the Board of Trustees and published in the Master Fee Schedule, which may be amended, as the cost of redemption, plus any additional fees related to the care of the animal that may be assessed by and paid directly to the shelter or animal rescue facility providing temporary boarding, food, and required medical care.
B.
If an impounded licensed dog is not redeemed within 12 days, or if
an unlicensed animal is not redeemed within eight days, the owner
thereof shall forfeit all title to the animal, and the animal may
be sold, given to an agency which trains service animals, given to
a Police Department which trains dogs as guards, placed for adoption
or be disposed of in a humane manner in accordance with the law of
the State of New York; provided, however, that if such dog is still
in custody of a representative or agent of the Village after expiration
of the time period described herein, such owner may redeem such animal
upon paying all sums herein provided.
Neither the owner nor any other person responsible for the care
of any animal picked up, impounded, disposed or destroyed under the
provisions of this article shall be entitled to any compensation.
Any person who observes a person treating any animal in violation of the provisions of § 81-7 of this chapter may file an affidavit of complaint with the Police Department of the Village of Briarcliff Manor specifying the violation, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said animal.
The Police Department of the Village of Briarcliff Manor or
a representative of an organization or person under contract with
the Village shall enforce the provisions of this article and the provisions
of Article 7 of the Agriculture and Markets Law.
In each case where an officer of the Police Department or a
representative of an organization or person designated by the Village
Board of Trustees as an Animal Control Officer believes a violation
of any provision of this article has been committed, he or she may
issue an appearance ticket pursuant to the Criminal Procedure Law
for such alleged violation.
No person shall interfere with the capture or conveying to the
pound or the impounding of any animal directed to be impounded hereby,
and no person other than the rightful owner or his designee shall
rescue any such animal from the pound.
