§ 23-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGRICULTURE AND MARKETS LAW

The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter and as amended thereafter.

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.

CAT

Includes both male and female cats.

CLERK

The Clerk of the Town of Brookhaven.

CONSTABLE

A dog control officer specifically designated by the Town Board to enforce the state's humane laws pursuant to Article 26 of the Agriculture and Markets Law and for the purpose of issuing appearance tickets permitted under Article 7 of the Agriculture and Markets Law.

[Amended 12-3-1991 by L.L. No. 9-1991, effective 12-9-1991]

DANGEROUS DOG

Any dog which: (a) without justification attacks 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 and causes physical injury or death; or (b) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or (c) without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death. "Dangerous dog" does not include a police work dog, as defined in the New York State Agriculture and Markets Law, which acts in the manner described in this definition while such police dog is being used to assist one or more law enforcement officers in the performance of their official duties.

[Added 5-23-2002 by L.L. No. 7-2002, effective 5-28-2002; amended 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017]

DOG

Male and female members of the species canis familiaris.

[Amended 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001]

DOG CONTROL OFFICER

A dog warden of the Town of Brookhaven.

GUARD DOG

Any dog trained to patrol private property, attack intruders on private property, on command or otherwise, or to respond to commands in general for the purpose of patrolling enclosed private lands and for protecting property or people.

[Added 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]

GUARD DOG AGENCY

Any individual, group or corporation in the business of raising, training or the letting for hire of guard dogs.

[Added 11-18-1990 by L.L. No. 26-1990, effective 11-24-1990]

IDENTIFICATION TAG

A tag issued by the Town Clerk which sets forth the identification number, together with any other information deemed necessary by the Town Clerk.

[Added 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]

NONCONFORMING COMMERCIAL KENNEL

Any premises in a residential district that is used for the commercial breeding or commercial boarding of dogs as a nonconforming use.

OWNER

Any person owning, harboring, having custody of or keeping a dog or cat.

OWNER OF RECORD

The person in whose name a dog was last licensed pursuant to this chapter.

[Added 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001; amended 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010]

PERSON

Any person or persons, firm, partnership, association, company or corporation.

PUBLIC PROPERTY

A place to which the public or a substantial group of persons has access and includes, but is not limited to, sidewalks, streets, transportation facilities, schools, places of amusement, parks and playgrounds.

RESIDENT

A resident of the Town of Brookhaven.

SIDEWALK

The area between the curbline and the abutting property owner's line.

TOWN

The Town of Brookhaven.

Editor's Note: The definition of "noncommercial kennel," which immediately followed this definition, was repealed 6-7-1988 by L.L. No. 10-1988.

Editor’s Note: The definition of “vicious dogs,” added 4-17-2001 by L.L. No. 9-2001, as amended, which immediately followed this definition, was repealed 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017.

Added 4-17-2001 by L.L. No. 9-2001, effective 4-20-2001