[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1978 as Ch. 64 of the 1978 Code; amended in its entirety 9-4-1980 by L.L. No. 3-1980]
It is hereby declared and found that the health, welfare and safety of the inhabitants of the Village of Lake Grove require regulations supplementing Article 7 of the New York State Agriculture and Markets Law of privately owned dogs. Article 7 of the New York State Agriculture and Markets Law is incorporated by reference herein.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Off the premises of the owner and not under the control of the owner, his agent or a member of his family, whether by rope, leash or similar device.
- The Clerk of the Town of Brookhaven.
- Includes both male and female dogs.
- DOG CONTROL OFFICER
- The Dog Control Officer of the Town of Brookhaven.
- Any person owning, harboring, having custody of or keeping a dog.
- Any person or persons, firm, partnership, association, company or corporation.
- A resident of the Village of Lake Grove.
- The area between the curbline and the abutting property owner's line.
- The Town of Brookhaven.
- The Incorporated Village of Lake Grove.
[Added 9-17-1981 by L.L. No. 2-1981]
No person shall own or harbor a dog unless licensed pursuant to Article 7 of the New York State Agriculture and Markets Law and this Code. Licenses shall not be required for dogs:
Under the age of six months, which are not at large.
Possessing a valid purebred license as provided in Article 7 of the New York State Agriculture and Markets Law.
Confined to the premises of an animal shelter or incorporated societies devoted to the care or treatment of lost, strayed or homeless animals.
Confined to the premises of a college, educational or research institution for purpose of research.
Confined to the premises of a person, firm or corporation that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets.
Licensing and restrictions. Every person owning or harboring a dog shall make annual application for a license to the Clerk of the Town of Brookhaven. Except as hereinafter provided, the applicant shall pay to the Clerk or Dog Control Officer, as the case may be, at the time of making application, fees as required by the Town of Brookhaven.
If the application shall disclose and the Clerk or Dog Control Officer is satisfied that the dog for which the license is sought is either a guide dog trained to aid the blind, or a dog trained to aid the deaf, or a dog trained to aid the handicapped, and is actually in use for such purpose, or owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose, or so-called "war dog," honorably discharged from any canine section of the United States Armed Forces, or so-called police work dog, trained to aid law enforcement officers and is actually being used for police work purposes, the license shall be issued pursuant to any rules and regulations prescribed by the Town of Brookhaven.
The applicant for a license for a spayed or neutered dog must file with the Clerk an affidavit made by the owner, or a veterinary certificate, showing that the dog has been spayed. No such affidavit or certificate shall be required if already on file in connection with an earlier license period.
A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually prior to the expiration date.
The Clerk, at the time of issuing the license, shall deliver to the applicant a tag bearing the same serial number as the license.
The owner shall place and keep on each licensed dog a suitable collar, to which shall be securely attached the license tag issued for such dog. No dog shall be permitted to be at large without a collar and license tag. No license tag shall be placed on a dog other than the dog described in the license.
No person owning, harboring or having control or custody of a dog shall permit such dog, whether licensed or not, to:
Be at any time on any sidewalk, street, highway, park or other public place in the Village of Lake Grove unless fully controlled by the owner or some other person by means of a rope, leash or other similar device.
Be taken into any establishment in the Village of Lake Grove where food or food products are kept for sale if legible signs are displayed at each public entrance to such establishment that the entry of dogs is prohibited. No such dog shall be taken upon or permitted in any other establishment where food or food products are kept for sale unless such dog is effectively restrained by a rope, leash or other similar device.
[Amended 9-17-1981 by L.L. No. 2-1981]
Except as hereinbefore provided, the Dog Control Officer or any peace officer shall:
Any dog seized pursuant to the preceding section may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and pays the impoundment fee, which fee shall be any amount of any veterinarian charges applicable to the redeemed animal plus any charges made payable pursuant to the applicable sections of the Code of the Town of Brookhaven.
[Amended 11-3-1988 by L.L. No. 9-1988]
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate, walk or any public property whatsoever or on any private property whatsoever without the permission of the owner of said property.
The restrictions of this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
Any person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method.
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring or keeping in charge of any dog curbed in accordance with the provisions of the section.
The fact that a dog is without a tag attached to a collar, as provided in this article, shall be presumptive evidence that the dog is unlicensed.
The person who last obtained a license for a dog pursuant to the provisions of this article or the Agriculture and Markets Law of the State of New York shall be presumed, for purposes of this article, to be the owner of such dog.
For purposes of this article, it shall be presumed that any unlicensed dog harbored in a one-family dwelling is owned by all adults residing in the one-family dwelling.
No liability shall be imposed upon the Dog Control Officer nor the town nor the village nor any employee of said town or village for destruction of any animal or animals pursuant to the provisions of this article.
It shall be unlawful for any person to have, keep or permit to be kept in the village any dog which by its barking, howling, whining or other noise shall disturb the neighborhood.
Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.