[Added 10-7-1986 by L.L. No. 7-1986]
As used in this article, the following terms shall have the meanings indicated:
LOT AREA
The area of a lot, in any residential district, on which a building and its accessories may be located as permitted by the Town, exclusive of the area of any building, structure or accessories therein, but exclusive of land in the bed of any street.
[Amended 8-9-2005 by L.L. No. 21-2005]
A. 
It shall be unlawful for any person to own, harbor or possess more than four dogs on any residential parcel of property.
B. 
This article shall not apply to the live issue of a litter of any lawfully owned and licensed dog, except that the issue of such litter shall be removed from the premises within 12 weeks after birth if the continued presence of such dog would violate this article.
A. 
Application for special permission shall be made to the Town Board in such form as shall be determined by the Town Board from time to time.
B. 
Applications shall be filed with the Town Clerk and shall be accompanied by the following, to be supplied by the applicant:
(1) 
The name and address of each applicant.
(2) 
The name, color, weight and breed, along with any distinguishing markings or features, of each dog to inhabit the property.
(3) 
A certified, accurate survey of the subject property and/or a copy of the most recent paid tax bill.
(4) 
Proof of licensing of all dogs to inhabit the property, in the form of a validly issued New York State dog license, pursuant to the regulations of the New York State Department of Agriculture and Markets and the Code of the Town of Babylon.
(5) 
A statement by a certified New York State veterinarian that all dogs to inhabit the property are in good health and have been inoculated and immunized against the following communicable diseases within 12 months of the application date:
(a) 
Parvo virus.
(b) 
Distemper.
(c) 
Leperosis.
(d) 
Hepatitus.
(e) 
Parainfluenza.
(f) 
Adenovirus Type II.
(6) 
If the applicant is a tenant or lessee of the subject property, written consent from the property owner that said property may be used to harbor more than four dogs.
(7) 
A statement that the applicant shall undertake a sanitary cleaning of the subject property on a daily basis or as otherwise required to maintain healthy and sanitary conditions.
C. 
Before said application for special permission may be granted, the Town Board must obtain and consider the following;
(1) 
The names and addresses of property owners adjacent to the affected property within 300 feet of the outside perimeter.
(2) 
A statement from the Suffolk County Department of Health Services indicating the results of an inspection of departmental records and a listing of any complaints and/or violations filed with or by said Department against the applicant or the subject property.
(3) 
A statement from the Town of Babylon Building Department indicating the results of an inspection of departmental records and a listing of any complaints and/or violations filed with or by said Department against the applicant or the subject property.
(4) 
A statement from the Supervisor of the Town of Babylon Animal Shelter indicating the results of an inspection of departmental records and a listing of any complaints and/or violations filed with or by said Department against the applicant or the subject property.
(5) 
A statement from the Town of Babylon Department of Public Safety indicating the results of an inspection of departmental records and a listing of any complaints and/or violations filed with or by said Department against the applicant or the subject property.
(6) 
A statement from the Town Attorney of the Town of Babylon indicating the results of an inspection of departmental records and a listing of any complaints and/or violations filed with or by said Department against the applicant or the subject property.
D. 
The Town Board shall, in granting such special permission, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this article.
A. 
No special permission granted hereunder may be revoked, except for violation of the provisions of this article, by the Town Board, upon notice and hearing as herein provided.
B. 
Before special permission may be revoked, a notice, in writing, of such proposed action must be sent to the permittee either personally or by certified mail. Such notice must specify the nature of the proposed action, the grounds therefor and a time and place, not less than 10 nor more than 20 days after the mailing or other service of such notice, at which a hearing will be held before the Town Board on such proposed action. The permittee may testify at such hearing, may be represented by counsel and may offer evidence in his defense. A record of the proceedings on such hearing shall be kept by the Town Clerk.
A. 
Special permission shall be granted for a period of two years from the date of issuance thereof and shall expire on the last day of the 24th month following such issuance. Special permission granted hereunder shall not be assignable or transferable, and the death of an individual granted special permission shall terminate such special permission.
B. 
At the end of the permit period, the applicant will reapply, and the Board will review each individual case, after a public hearing. Should unsatisfactory conditions exist at the property, the Board may refuse to reissue special permission unless conditions are improved. The Board may alter, amend or otherwise revise the criteria, conditions or restrictions of a previously granted application.
C. 
Failure to reapply for and pay the required fee for special permission prior to the expiration date of said special permission shall render such permission null and void on the expiration date and require the permittee to submit a new application for an original permit.
[Amended 11-17-2010 by L.L. No. 33-2010]
A public hearing shall be held for every application and renewal for special permission. The BAARC Board shall fix a date, time and place and give public notice thereof by the publication in an official newspaper of such hearing at least five days prior to the date of the public hearing. In addition, the BAARC Board shall cause notice to be sent, by regular mail, to each adjacent property owner within 300 feet of the outside perimeter of the affected property notifying such owner of the date, place, time and purpose of said public hearing.
[Amended 11-17-2010 by L.L. No. 33-2010]
An application fee, as set by the Town Clerk, will be required upon filing.
[Amended 10-21-1986 by Res. No. 939; 11-17-2010 by L.L. No. 33-2010]
A. 
There shall be in the Town of Babylon a Babylon Animal Adoption and Rescue Center (BAARC) Board consisting of seven members. Said members shall be the Town Clerk, the Deputy Supervisor, the Commissioner of Environmental Control, the Director of the Animal Shelter, the Comptroller, the Chief Deputy Town Attorney, and a Community BAARC Board member who is appointed by the Town Board. These members shall serve without compensation.
[Amended 5-7-2013 by L.L. No. 12-2013]
B. 
The Committee shall meet from time to time, as required, and shall set fees, adopt such policies and procedures as necessary for the orderly operation of the Babylon Animal Adoption and Rescue Center and make recommendations and report to the Town Board on applications for special permission and shall advise the Town Board from time to time on issues concerning animal protection.
[Amended 4-27-2022 by L.L. No. 10-2022]
Any person violating any provision of this article shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of not less than $500 nor more than $2,500. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this article shall likewise be subject to a monetary penalty of not less than $500 nor more than $2,500. If said person owning, possessing or harboring a dog in violation of this article fails to make application to the Town Board for special permission to legalize said violation, the Dog Control Officer shall, after obtaining a warrant to remove, seize any dog whose continued presence on the property would violate this section. Such animal seized shall be housed and fed at the Town of Babylon Animal Shelter for a minimum period of 14 days. If, after 14 days after seizure, the owner or person in charge of said dog has failed to make application for special permission, if so warranted, the Town Board may grant an additional thirty-day period of time in which the owner or person in charge of said dog shall comply with this article and reclaim said dog. If said owner or person in charge of a dog has failed to comply with the provisions of this section after 44 days after seizure of a dog, then the Town of Babylon shall take control and ownership of said dog and may take any measure necessary to place such dog for adoption in a safe and healthful environment.
Any official of the Town charged with the enforcement of the provisions of this article shall have the right to enter and inspect, at any reasonable hour, any building, structure, yard, enclosure, loft, house or premises necessary for the enforcement of any of the provisions of this article.