Q: What is the City of Brookhaven’s “leash law”?

Some citizens of Brookhaven who walk or run through the city have taken to social media recently to complain about dogs acting aggressively toward them as they exercise. This leads to the question — What is the City’s “leash law”?

A: Animals in the city cannot be allowed to run free, or “at-large,” according to the Brookhaven Code of Ordinances (6.3).

Ordinance 6 defines an animal “at-large” as “any animal, dog, cat or fowl not on a leash, behind a fence or enclosure, or under the control of a competent person.”

The ordinance also states that dogs or cats 6 months or older must be vaccinated against rabies and have a metal tag proving such worn on their collar.

What if an animal is “dangerous” or “vicious,” and who determines that?

Whether an animal is designated a threat is to be determined by an Animal Control Officer. A “vicious animal” is defined (6.2) as “any animal that constitutes a physical threat to human beings or other animals.”

It is against the law for anyone to “keep or maintain within the city, any vicious, ferocious or dangerous animal … Any such animal … may be impounded or destroyed” (6.8).

“When an animal is determined by the animal control officer to be a vicious animal … that animal may be destroyed by the animal control officer or his designee providing each of the following requirements is met: (1) The animal is running at-large. (2) There is no vaccination tag around the animal’s neck. (3) Attempts to peacefully capture the animal have been made and proved unsuccessful” (6.18).

Penalties are misdemeanors, for “each and every day the same shall continue” and “shall constitute a separate and distinct offence” (6.21).

What if an animal has bitten someone?

The animal control officer should immediately notify the owner to surrender the animal immediately, or otherwise arrange for the animal to be picked up and retained at the designated animal shelter for not less than 10 days after the person or other animal has been bitten. During this time, the health officer or designated official will determine whether the animal is diseased.

If no disease is found, the animal may be released to the owner, provided the animal be kept on the owner’s premises, and a rabies vaccination certificate presented by the owner.

If the animal is determined to have rabies, it shall be destroyed by the animal control officer, police department, or other designated officer.

If there is a suspected potential outbreak of rabies, and the public safety is reasonably endangered, a quarantine may be ordered for animals to be muzzled and observed for signs of rabies. If any animal is found during this time at-large, without proper confinement, being muzzled, or on a leash or under other reasonable command by its owner, that animal may be impounded. If it cannot be captured with reasonable effort, it may be destroyed (6.13, 6.14).

Read the full text of this and other ordinances here.