§ 23-17. Penalties for offenses., Chapter 23. Dog Control and Animal Welfare, Code of Ordinances, Brookhaven

Any person who shall own or harbor a dog, unless such dog is licensed pursuant to this chapter, shall be guilty of a violation and subject to a penalty in accordance with the provisions of § 119 of the Agriculture and Markets Law as follows for each such violation:

[Amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010; 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

(1)

Upon a first conviction hereof, by a fine of not less than $25.

(2)

Upon a second conviction hereof within five years, by a fine of not less than $50.

(3)

Upon a third or each subsequent conviction hereof within five years, by a fine of not less than $100 or imprisonment for not more than 15 days, or both.

Any person who shall violate § 23-31, 23-3J, 23-3K or 23-3N of this chapter shall be guilty of an offense and, upon conviction thereof, shall be guilty of a misdemeanor and subject to a fine not exceeding $500 or imprisonment for a period of not less than 15 days nor more than six months, or both. Each week's continued violation shall constitute a separate additional violation.

[Amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017; 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]

Any person who shall violate any other provisions of this chapter for which violation no penalty is specifically provided herein, including but not limited to § 23-3H, 23-3O or 23-5, shall be guilty of a violation and punishable as follows:

[Amended 9-9-2008 by L.L. No. 18-2008, effective 9-17-2008; 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

(1)

Upon a first conviction hereof, by a penalty of not more than $500 for each violation.

(2)

Upon a second conviction hereof within five years, by a penalty of not less than $500 but not exceeding $750.

(3)

Upon a third or each subsequent conviction hereof, by a penalty of not less than $750 but not exceeding $1,000 or imprisonment for not more than 15 days, or both.

Appearance tickets. For any violation of any provision of this chapter except a violation of § 23-3K, an appearance ticket shall be issued pursuant to Article 150 of the New York Criminal Procedure Law. Answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation in lieu of personal appearance on the return date at the time and court specified in such appearance ticket.

The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing physical injury shall be subject to a civil penalty not to exceed $400 in addition to any other applicable penalties.

The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing serious physical injury shall be subject to a civil penalty not to exceed $800 in addition to any other applicable penalties.

The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to state or local law, to bite a domestic animal, or a person, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by a period of imprisonment of not less than 15 days nor more than 90 days, or by both such fine and imprisonment, in addition to any other applicable penalties.

[Amended 6-26-2018 by L.L. No. 14-2018; effective 7-9-2018]

If any dog which had previously been determined by a judge or justice to be a dangerous dog as defined in § 23-2 of this chapter shall, without justification, kill or cause the death of any domestic animal, or a person, who is peaceably conducting itself, himself, or herself in any place where it, he, or she may lawfully be present, regardless of whether such dog escaped without fault of the owner, the owner shall be guilty of a misdemeanor in addition to any other penalties.

[Amended 6-26-2018 by L.L. No. 14-2018; effective 7-9-2018]

The owner shall not be liable pursuant to Subsections E, F, G, and H of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in § 130.35(1) or (2) of the New York State Penal Law, sodomy in the first degree as defined in § 130.50(1) or (2) of the New York Penal Law, or kidnapping within the dwelling or upon the real property of the owner of the dog if the dog injured or killed the person committing such criminal activity.