§ 23-16. Prohibitions., Chapter 23. Dog Control and Animal Welfare, Code of Ordinances, Brookhaven

If any dog shall attack any domestic animal, as defined in § 23-2 of this chapter, while such animal is in any place where it may lawfully be present, the owner or caretaker of such, or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.

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 upon a person, companion animal as defined in the New York State Agriculture and Markets Law, farm animal as defined in the New York State Agriculture and Markets Law or domestic animal as defined in the New York State Agriculture and Markets Law to an Animal Control Officer or police officer. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subdivision 2 of § 123 of the New York State Agriculture and Markets Law, and if there is reason to believe that the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.

[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

Any person may, and if the provisions of Subsection B are met, any Town of Brookhaven Animal Control Officer shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack. The judge or justice shall then immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Town of Brookhaven Dog Control Officer, acting pursuant to his or her special duties, or police officer, directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days, and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied the dog is a dangerous dog, the judge shall then order any Town of Brookhaven Animal Control Officer, acting pursuant to his or her special duties, or police officer, to cause the dog to be euthanized immediately, or shall order the owner to securely confine the dog permanently, as set forth in § 23-5 of this chapter, except as provided in Subsection E of this section.

[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

A dog shall not be declared dangerous if the court determines that the conduct of the dog:

(1)

Was justified because the threat, injury, or damage was sustained by a domestic animal under the dominion and control of a person who, at the time, was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog;

(2)

Was justified because the injured domestic animal was tormenting, abusing, or assaulting the dog or has in the past, tormented, abused, or assaulted the dog; or

(3)

Was responding to pain or injury, or was protecting itself, its kennels, or its offspring.

Confinement.

(1)

In addition to an order of confinement, issued pursuant to Subsection C of this section, the judge or justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when:

(a)

Confined in the presence of persons other than the owner or custodian; and

(b)

Outside such enclosure for brief periods only when and for the period necessary to urinate, defecate, or receive medical treatment.

(2)

The muzzle described in Subsection E(1) above shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

Nothing contained herein shall limit or abrogate any claim or cause or action under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.

Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV, Article 21 of the New York Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.