§ 23-3. Licensing and restrictions., Chapter 23. Dog Control and Animal Welfare, Code of Ordinances, Brookhaven

No person shall own or harbor a dog unless licensed pursuant to this chapter. Licenses shall not be required for dogs:

(1)

Under the age of four months which are not at large.

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

(2)

Confined to the premises of an animal shelter or incorporated society devoted to the care or treatment of lost, strayed or homeless animals.

(3)

Confined to the premises of a college, educational or research institution for purposes of research.

(4)

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.

Every person owning or harboring a dog shall make annual application for a license or renewal to the Town Clerk. The Town Clerk shall prescribe the form for such application and renewal. The fee for said license or renewal shall be set by the Town Board and may be amended from time to time.

[Amended 4-16-1996 by L.L. No. 16-1996, effective 4-22-1996; 12-7-2010 by L.L. No. 48-2010, effective 12-21-2010; 12-7-2010 by L.L. No. 49-2010, effective 12-21-2010; 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]

If the application shall disclose and the Clerk is satisfied that the dog for which the license is sought is either a guide dog, a hearing dog, a service dog and actually in use for such purpose or owned by a recognized guide dog, hearing dog, or service dog training center located within the state during the period such dog is being trained or bred for such purpose or a war dog, police-work dog, working search dog, detection dog, or therapy dog, the license shall be issued without the payment of any fee, and the Clerk shall inscribe across the face of the license in red the words "guide dog," "hearing dog," "service dog," "war dog," "police-work dog," "working search dog," or "detection dog" or "service dog" as the case may be. "Guide dog," "hearing dog," "service dog," "war dog," "police work dog," "working search dog," "detection dog" and "service dog" are defined as set forth in New York State Agriculture and Markets Law § 108.

[Amended 7-16-2013 by L.L. No. 35-2013, effective 7-29-2013]

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:

(1)

Run at large in the unincorporated areas of the Town of Brookhaven elsewhere than on the premises of such person or on the premises of another person with the consent of such other person, unless such person is engaged in hunting wild birds or animals with the aid of such dog during open seasons or unless such person shall take such dog afield for training and hunting.

(2)

Be at any time on any sidewalk, street, highway, park or other public place in the unincorporated areas of the Town of Brookhaven unless fully controlled by the owner or some other person by means of a rope, leash or other similar device.

(3)

Be taken into any establishment in the unincorporated areas of the Town of Brookhaven 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.

The owner, possessor or harborer of a dog or dogs shall not permit the same to be upon the docks or wharves owned or maintained by the Trustees of the Freeholders and Commonalty of the Town of Brookhaven, Suffolk County, New York, unless such dog or dogs shall be under restraint by means of a rope, line, leash or harness giving such owner, possessor and/or harborer of such dog or dogs control thereof at all times when such dog or dogs shall be on any such dock or wharf owned and maintained by said Trustees.

The owner, possessor or harborer of a dog or dogs shall not permit the same to be upon any property of the Trustees of the Freeholders and Commonalty of the Town of Brookhaven of which any part is used for bathing purposes.

Housing or harboring dogs in residential districts.

(1)

The housing or harboring of dogs shall be permitted in any residential district on the following conditions: No more than 10 dogs, six months of age or older, shall be permitted on any plot in a residential district, except that, upon application, the Board of Appeals, at its discretion, may grant a special permit for the housing or harboring of more in a residential district. Nonconforming commercial kennels shall be exempt from these restrictions, but any other nonconforming housing or harboring of dogs existing at the time of the adoption of this chapter shall become illegal six months after the effective date of this chapter.

[Amended 6-7-1988 by L.L. No. 10-1988]

(2)

Each application to the Board of Appeals for a special permit shall have a filing fee of $10. The filing fee for the biennial renewal of the special permit shall be $10. The Board of Appeals shall be governed by § 85-57B of this Code when issuing a special permit, which special permit shall specify the maximum number and general type of dogs permitted.

[Amended 12-17-2002 by L.L. No. 25-2002, effective 12-20-2002; 8-12-2014 by L.L. No. 16-2014, effective 8-26-2014]

Control of dog waste.

[Added 9-9-2008 by L.L. No. 18-2008, effective 9-17-2008]

(1)

No person owning, harboring, keeping, possessing or having control over any dog shall cause, suffer or allow such dog to soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, play area, park, dog park, or any place where people congregate or walk, or on any private property without the permission of the owner of said property. The presence of a dog on the private property of a person other than the dog's owner or possessor of such dog shall be presumed unauthorized.

(2)

Any person owning, harboring, keeping, possessing or having control over any dog shall be in violation of this section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage receptacle. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary. The requirements of this subsection shall not apply to a person who is handicapped or who is visually impaired and accompanied by a guide or service dog.

Editor’s Note: Former Subsection L, regarding licenses for vicious dogs, added 4-17-2001 by L.L. No. 9-2001, as amended, was repealed 1-24-2017 by L.L. No. 3-2017, effective 2-6-2017. This local law also redesignated former Subsections M and N as Subsections L and M, respectively.

Change of ownership; lost or stolen dog; death.

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

(1)

Change in owner or address. In the event of a change in ownership of any dog which has been licensed pursuant to this chapter or change of address of the owner of record of any dog, the owner of record shall, within 10 days of the change, file with the Town Clerk a written notification of such change. Such owner of record shall be liable for any violation of this chapter until such filing is made or until the dog is licensed in the name of the new owner.

(2)

Lost or stolen dog. If any dog which has been licensed is lost or stolen, the owner of record shall, within 10 days of discovery of such loss or theft, file with the Town Clerk a written notification of such event. In the case of loss or theft, the owner of record shall not be liable for any violation of this chapter committed after such notification has been made.

(3)

Death of dog. In case of the death of a licensed dog, the owner or record shall notify the Town Clerk of the dog's death either before or upon receipt of a renewal notice from the Town Clerk.

Registration required. Every person owning or harboring a dog adjudicated as being dangerous as defined must be registered with the Town Clerk; the registration forms contain the following information:

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

(1)

The name of the applicant.

(2)

The name of the owner of the dangerous dog if different from the applicant.

(3)

The address where the dangerous dog will be kept.

(4)

The exact location of the property where the dangerous dog will be kept.

(5)

The method to be used to secure or restrain the dangerous dog on the property.

(6)

A description of the animal for identification purposes.

Fees and insurance.

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

(1)

The fee for registering a dangerous dog shall be $25.

(2)

All owners, keepers or harborers of dangerous dogs shall provide to the Town Clerk a certificate of public liability insurance from an insurance company authorized to do business in the state in a single-incident amount of no less than $100,000 for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of dangerous dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a thirty-day written notice is first given to the Town Clerk. The owner or custodian of the animal shall produce evidence of the required insurance upon the request of a law enforcement officer or animal control officer.