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.
[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.