[Adopted as Ch. 37 of the 1970 Code; amended 5-8-1974 by L.L. No. 1-1974; 1-8-1975 by L.L No. 1-1975; 6-11-1992 by L.L. No. 4-1992; 8-13-2001 by L.L. No. 15-2001; 1-7-2002 by L.L. No. 1-2002; 1-5-2015 by L.L. No. 1-2015; 11-7-2016 by L.L. No. 10-2016]
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 restraint of and obedient to the order of a competent person of suitable age and discretion.
DOG
Any dog, whether licensed or not licensed.
DOG CONTROL OFFICER
The Dog Control Officer of the Town of Brookhaven.
OWNER
Any person, group of persons or corporation owning, keeping or harboring a dog or dogs. For the purposes of this article, the person, group of persons or corporation who or which last obtained a license for a dog shall be presumed to be the "owner" of such dog. For the purposes of this article, it shall be presumed that any unlicensed dog kept or harbored in a dwelling unit is owned by all adults residing in such dwelling unit.
RESTRAINT
Controlled by a leash, rope or other similar device; or at heel beside a competent person of suitable age and discretion and obedient to the orders of that person; or on or within a vehicle driven or parked on the streets; or within the limits of its owner's, keeper's or harborer's property.
A. 
Every owner of a dog shall keep his or her dog under restraint at all times and shall not permit such dog to be at large.
B. 
No person owning, harboring or having the control or custody of a dog shall permit such dog, whether licensed or not, to be upon any beach owned or operated by the Incorporated Village of Port Jefferson, nor shall he or she permit such dog to be upon any property of the Incorporated Village of Port Jefferson any part of which is used for bathing purposes, nor upon or in the fenced children's playground area within the Clifton H. Lee Memorial Parkland, the children's playground area in Harborfront Park or in Caroline Field, except during specified time frames during a Village-sponsored public event..
[Amended 2-6-2023 by L.L. No. 3-2023]
A. 
Any dog at large in the Incorporated Village of Port Jefferson may be seized by the Dog Control Officer(s).
B. 
Every dog seized shall be properly fed and cared for at the expense of the Town of Brookhaven until disposition thereof is made as herein provided.
C. 
If the dog seized bears a license tag, the Dog Control Officer(s) shall ascertain the owner of the dog and shall give immediate written notice of such seizure, pursuant to § 118 of the Agriculture and Markets Law of the State of New York, as amended from time to time, which notice shall state that the dog has been seized and will be destroyed unless redeemed within the period herein provided.
D. 
The owner of a dog may redeem the dog in accordance with the procedure set forth in Chapter 23 of the Code of the Town of Brookhaven.
E. 
Anyone destroying a dog under the provisions of this section shall immediately dispose of the carcass. Such person shall make and preserve a record of the destruction and disposition or the sale or other disposition of any dog.
F. 
No action shall be maintained to recover the possession or value of a dog or for damages for injury or for compensation for destruction of a dog destroyed pursuant to the provisions of this section.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
The enactment of this article or any prosecution hereunder shall not be deemed to prohibit an action for the recovery of damages or penalties under Article 7 of the Agriculture and Markets Law.