[HISTORY: Adopted by the Board of Trustees of the Village of Brewster 11-15-1977 by L.L. No. 1-1977 (Ch. 75 of the 1992 Code). Amendments noted where applicable.]
Noise — See Ch. 159.
This chapter is enacted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York for the promotion of the public welfare and health and general welfare of the Village, including the protection and preservation of the property of the Village and all its inhabitants and of the peace and good order in the controlling and regulating of dogs in the Village of Brewster.
The title of this chapter shall be the "Dog Control Law of the Village of Brewster."
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, as amended by this chapter and as amended thereafter.
- Male and female, licensed and unlicensed, members of the species canis familiaris.
- The party purchasing the license if the dog is licensed. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any animal which is kept, brought or comes within the Village. Any person owning or harboring a dog for a period of one week prior to the filing of any accusatory instrument charging a violation of this chapter shall be held and deemed to be the owner of such dog for the purpose of the chapter. In the event that any dog found to be in violation of this chapter shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this chapter.
- RUN AT LARGE
- A. To be in or on any public place, way or location, unless restrained by an adequate leash or chain not to exceed six feet in length and also accompanied by an owner or other responsible person able to control it by command; or
- B. To be on or in any private lands without the knowledge, consent and approval of the owner of such private lands.
[Amended 11-17-2004 by L.L. No. 4-2004]
It shall be unlawful for any owner of a dog in the Village of Brewster to permit or allow such dog to:
Run at large.
Be off the owner's property unless leashed.
Engage in habitual loud howling, barking or whining or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog.
Cause damage or destruction to public or private property, defecate, urinate or otherwise commit a nuisance upon public property or the property of other than the owner or harborer of the dog; provided, however, that an owner or harborer of a dog that permits that dog to soil, defile, defecate or commit any nuisance on the portion of the street lying between the street and the sidewalk (curbing the dog) shall be responsible to clean up, on an immediate basis, the fecal matter, defilement or other nuisance waste.
Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation or to put such a person in reasonable apprehension of bodily harm.
Chase, leap on or otherwise harass bicycles or motor vehicles as they are being operated by bicyclists or motorists.
Kill or injure any dog, cat or other household pet.
Not have a current and valid New York State identification tag on his collar while at large, whether or not restrained by an adequate leash or harness device.
Enter or remain upon any public park owned or maintained by the Village unless such dog is used and actually in use as an animal aide, or in training as an animal aide, to a person with a handicapping condition.
It shall be unlawful for any owner of a dog, cat or other household pet in the Village of Brewster to abandon any dog, cat or other household pet anywhere in the Village. For purposes of this section, said animal is deemed abandoned when it is left unattended by its owner or harborer not exercising dominion and control over his or her animal for a period of 24 or more hours.
The fact that a dog is at large in the Village of Brewster in any place other than the premises of the owner shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person having custody and control of the dog.
Any police officer observing a violation of this chapter in his presence shall issue and serve upon the owner an appearance ticket pursuant to the Criminal Procedure Law, Article 150, charging such violation.
Any person, other than a police officer, who observes a violation of this chapter may file an information charging such violation with the Village Court. Upon the filing of such information, the Court shall secure the appearance of the owner by means of a summons under the Criminal Procedure Law, Article 130.
The Animal Control Officer of the Town of Southeast, New York, or any peace officer with the appropriate jurisdictional authority shall issue and serve upon the dog owner or harborer an appearance ticket pursuant to Article 150 of the New York State Criminal Procedure Law (CPL); the Code of the Town of Southeast, New York; the Code of the Village of Brewster, New York; and this chapter.
[Added 11-17-2004 by L.L. No. 4-2004]
[Added 7-15-1998 by L.L. No. 1-1998]
No person who keeps, harbors or maintains any dog shall cause or permit such dog to soil, defile, defecate or commit any nuisance on any public property or private property without the permission of the owner of said property. This restriction, however, shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
[Amended 5-20-1992 by L.L. No. 1-1992; 7-15-1998 by L.L. No. 1-1998]
Any person committing an offense against any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties authorized in Agriculture and Markets Law § 119, as amended.