[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
Noise control — See Ch. 185.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any and all types of animals, fowl, fish, both domesticated and wild.
- ANNOYING ANIMAL
- An animal which, when it is not on the premises of its owner or custodian:
- A. Without being provoked, harasses or threatens a person in such a manner so as to create fear or the apprehension of bodily injury to such person; or
- B. Deposits animal waste on, or damages the real property of, or damages or destroys the personal property of, a person other than the animal's owner or custodian.
- AT LARGE
- Not on the premises of an animal's owner or custodian or not on a leash and under the immediate control of an animal's owner or custodian.
- DANGEROUS ANIMAL
- Any animal which by nature or behavior is capable of inflicting bodily harm upon a person, such as, but not limited to, poisonous snakes and reptiles, carnivorous birds, cats, large monkeys, apes and bears.
- DOG WARDEN
- The individual or officer responsible for dog control services under the Village contract with the Town of Oyster Bay.
- DOMESTIC WATERFOWL
- Those species of birds commonly know as white ducks, barnyard geese, Muscovy ducks and any other geese and ducks bred by man but not any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service and or the New York State Department of Environmental Conservation.
- To give, place, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting, or enticing migratory or domestic waterfowl.
- MIGRATORY WATERFOWL
- Those species of birds commonly known as swans, geese, and ducks, and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service.
- Any individual, company, partnership, corporation, limited partnership, joint venture, or other legal entity.
- VICIOUS ANIMAL
- An animal which has once bitten any person or twice makes an unprovoked attack upon and bites another dog or other domestic animal while at large.
- VILLAGE PROPERTY
- Any land which is owned, maintained, leased, or managed by the Village of Old Brookville for any purpose whatsoever, including but not limited to parks, preserves, beaches and drains.
Any person who is the owner, harborer or having custody or control of any animal shall not permit any animal, except dogs that are not vicious or annoying, and house cats not exceeding 15 pounds in weight, to be at large in the Village.
No person owning, possessing, harboring or having custody or control of any animal shall permit such animal to deposit any animal waste, as that term is commonly understood, on any public street, road, or highway, including the rights-of-way thereof, or other public place located within the Village of Old Brookville unless such waste is immediately removed in a sanitary manner.
Any person complaining that an animal is vicious or annoying, or is or was at large in violation of this chapter, may contact the Old Brookville Police Department or make a written complaint to the Village Clerk. Each complaint submitted to the Village Clerk shall include the date, time, place and manner in which the animal was vicious, annoying or at large, together with the name and address of the owner or custodian of said dog, to the extent known or reasonably ascertainable, and shall be signed by the complainant.
Upon receipt of a written complaint, the Village Clerk shall notify the owner or custodian of said animal, if known, that a complaint had been received and that said animal may be impounded by the Dog Warden or Old Brookville Police Department upon being subsequently found at large.
Upon receipt by the Village Clerk of a subsequent written complaint, the Village Clerk or Village Attorneys may notify the Dog Warden or Old Brookville Police Department to take the necessary steps to impound the animal.
Review procedure. On request of the Village, or the owner or custodian of an animal deemed to be vicious or annoying, the Village Justice shall hold a hearing for the purpose of reviewing the complaint and determining whether the animal which is the subject of the complaint is vicious or annoying, he shall order or declare that such animal is vicious or annoying, and thereafter it shall continue to be unlawful for such vicious or annoying animal to be at large in the Village.
Upon finding by the Village Justice that an animal is vicious or annoying, or that an animal was at large in violation of this chapter, the owner or custodian of such animal shall be responsible in damages for any injury or damage caused by such animal and shall also be liable for a fine as provided for in this Code. The Village Justice may order that any dangerous animal or vicious dog be destroyed.
Any officer of the Police Department is authorized to kill any dangerous animal or vicious animal when it is necessary for the protection of any person or property.
Regulation. No person shall set, install, construct, operate or maintain any trap, dead fall, or other device or set out any chemical substance designed or intended to capture, kill or take birds, fur-bearing or domestic animals within Village.
No person shall feed or provide food for any domestic or migratory waterfowl on Village property at any time of the year.
The provisions of this section shall not apply to property owned by or under the jurisdiction of other municipal authorities, the State of New York, and any agency thereof or the government of the United States of America.