[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.]
GENERAL REFERENCES
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:
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.
Either.
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
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]
A.
It shall be unlawful for any owner of a dog in the
Village of Brewster to permit or allow such dog to:
(1)
Run at large.
(2)
Be off the owner's property unless leashed.
(3)
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.
(4)
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.
(5)
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.
(6)
Chase, leap on or otherwise harass bicycles or motor
vehicles as they are being operated by bicyclists or motorists.
(7)
Kill or injure any dog, cat or other household pet.
(9)
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.
(10)
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.
B.
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.[2]
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.
A.
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.
B.
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.
C.
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[1]]
[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.
