A.
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Holland shall be required to have the dog vaccinated
to prevent the spread of rabies, except that a rabies vaccination
is not required for a dog whose health would be adversely affected
by a rabies vaccination, provided that a written statement, certified
by a duly licensed veterinarian, specifying such condition is presented
to the Dog Control Officer or the Town Clerk and filed with the Town
Clerk's office.
B.
Any person owning, possessing or harboring a dog, who fails or refuses
to submit the dog for vaccination within 14 days after request by
the Dog Control Officer or Town Clerk shall be in violation of this
chapter. The Town Clerk or Assistant Town Clerk shall advise the Dog
Control Officer of such violation for purposes of enforcement of the
required rabies vaccination.
C.
If the owner fails to provide proof of a rabies vaccination, the
Town will retain the dog at its kennel for a period of 10 days, during
which time the owner will be responsible for the cost of boarding
and obtaining a rabies vaccination prior to the release of the dog.
Any person who resides a minimum of six months in the Town of
Holland who owns, possesses or harbors a dog four months of age or
over in the Town of Holland shall obtain a current license for said
dog and shall place and keep on such dog a collar to which shall be
securely attached a valid identification tag for that dog, in accordance
with the requirements of this chapter.
A.
No
license is required for any dog under the age of four months and which
is not at-large.
B.
The
owner of one or more purebred dogs registered by a recognized registry
association may annually make an application for a purebred license
in addition to the individual licenses required by this chapter. The
purebred license shall be valid for a period of one year, beginning
with the first day of the month following the date of issuance, and
shall be renewable annually thereafter prior to the expiration date.
A.
Applications
for a license or renewal thereof shall be accompanied by a nonrefundable
license processing fee, the amount of which shall be adopted annually
or at any other time as determined by resolution of the Town Board.
(1)
A guide dog, hearing dog, service dog, working search dog, war dog,
detection dog, police work dog or therapy dog shall be exempt from
a license processing fee provided that the owner of the dog provides
adequate proof in the form of a training certificate or other documentation
deemed appropriate by the Town Clerk or Dog Control Officer.
B.
Applications
for a license or renewal thereof shall be accompanied, in addition
to the nonrefundable processing fee, by a nonrefundable surcharge
that will be deposited in the New York State Animal Population Control
Fund pursuant to Article 7 of the New York State Agriculture and Markets
Law. Such surcharge, the amount of which shall be adopted annually
or at any other time as determined by resolution of the Town Board,
shall be at least $1 for altered dogs and $3 for unaltered dogs in
accordance with § 110 of the New York State Agriculture
and Markets Law.
C.
Applications
for a license or renewal thereof of a dog identified as unlicensed
during an enumeration conducted pursuant to Article 7 of the New York
State Agriculture and Markets Law shall pay an additional fee, the
amount of which shall be adopted annually or at any other time as
determined by resolution of the Town Board.
D.
An
application for a license or renewal shall be in the form prescribed
by the Town Clerk and shall provide for the following minimum information:
(1)
The name, residence address, mailing address and telephone number
of each owner; and
(2)
The name, sex, approximate age or year of birth, breed, color, markings
and other identifying details of the dog;
(3)
State whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this chapter.
E.
Rabies
certification. The application for a license or renewal shall be accompanied
by a statement certified by a licensed veterinarian showing that the
dog has received the rabies vaccine; or, in lieu thereof, a statement
certified by a licensed veterinarian that because of the dog's age
or other reason, the life of the dog would be endangered by the administration
of the rabies vaccine.
F.
In
the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian or a sworn affidavit
signed by the owner in the form acceptable to the Town Clerk showing
that the dog has been spayed or neutered, except that such certificate
or affidavit is not required if same is already on file with the Town
Clerk. In lieu of the spay or neuter certificate an owner may present
a statement certified by a licensed veterinarian stating that he or
she has examined the dog and found that because of old age or other
reason, the life of the dog would be endangered by spaying or neutering.
In such case, the license fee for the dog shall be the same as an
altered dog.
G.
If any license is issued on an application of a person under 18 years
of age, the owner of record shall be deemed to be the parent or guardian
of such person.
A.
Upon
validation by the Town Clerk or authorized Dog Control Officer, a
dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
B.
No
license shall be transferable. Upon the transfer of ownership of any
dog, the new owner shall immediately apply for a new license for the
dog. A license can not be transferred to another dog.
C.
Identification
tag.
(1)
The Town Clerk shall assign identification number to a dog when it
is first licensed. Such identification number shall be carried by
the dog on an identification tag which shall be affixed to the collar
of the dog at all times.
(2)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(3)
Any person wishing to replace a tag previously issued shall pay to
the Town Clerk a sum to be determined by resolution of the Town Board
for a replacement tag.
All licenses issued pursuant to this article, and any renewal
thereof, shall expire on the last day of the month of the period for
which they are issued, except that no license or renewal shall be
issued for a period expiring after the last day of the 11th month
following the expiration date of the current rabies certificate for
the dog being licensed. In the event an applicant for a license or
renewal presents a statement certified by a licensed veterinarian,
in lieu of a rabies certificate, then the license or renewal shall
be issued for one year from the date of the statement.
A.
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.
B.
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 of any such
dog shall not be liable for any violation of this article committed
after such report is filed.
C.
Death of dog. In the case of the death of a licensed dog, the owner
of record shall notify the Town Clerk of the dog's death either before
or upon receipt of a dog license renewal notice from the Town Clerk.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
No owner or harborer of a dog shall permit four or more dogs
four months or older to reside on any property unless the property
is a licensed kennel or the owner or harborer has obtained a multi-dog
permit. A multi-dog permit is a permit that allows an owner or harborer
to have four or more dogs on the property, provided such dogs are
not primarily used for breeding purposes. Prior to approval of a multi-dog
permit, the Dog Control Officer will inspect the property to ensure
it is suitable. The Town Board shall consider factors such as lot
size and proximity to neighbors, among other factors, in determining
whether to grant a multi-dog permit. The applicant may be referred
to the Planning Board prior to approval. All dogs four months old
or older need to be licensed with the Town Clerk.
A.
Whenever the governing body of any municipality shall determine that
deer population in the municipality or part thereof is suffering severe
depredation due to dogs attacking, chasing or worrying deer, such
governing body may by order require that all dogs in such municipality
or part thereof shall be securely confined during the period of time
designated in the order or, if no time is designated, until the order
is revoked.
B.
Notice of such order shall be given by publication in a newspaper
or newspapers of general circulation in said municipality which shall
be designated by such governing body and by filing a copy of the order
in the office of each Clerk in the area affected by such order. Such
order shall be in full force and effect at the expiration of 24 hours
following publication of such notice.
C.
If any dog is not confined as required by such order, any dog control
officer, peace officer acting pursuant to his special duties or police
officer shall seize such dog. A dog shall not be deemed to be in violation
of such order if accompanied by and under the full control of the
owner.
D.
If any dog, which is not confined as required by such order, shall
attack, chase or worry any deer, any dog control officer, peace officer
acting pursuant to his special duties or police officer, upon witnessing
the same, shall destroy or seize and destroy such dog, and no liability
in damages or otherwise shall be incurred on account of such destruction.
E.
If any dog shall kill or cripple any deer, the owner shall be subject
to a civil penalty in the amount of $100 for the first deer killed
or crippled by the dog or by the pack of dogs, if any, of which the
dog was a member, and in the amount of $150 for each additional deer
killed or crippled, to be recovered in an action brought by the Commissioner
of Environmental Conservation on behalf of the people of the State
of New York.
F.
This section and any order issued pursuant thereto shall not apply
to dogs in special dog-training areas or shooting preserves enclosed
and licensed pursuant to the provisions of the Environmental Conservation
Law while such dogs are under the control of the owner or trainer.
A.
Each county shall be liable for damage done within the county by
dogs to domestic animals, including such veterinary fees and costs
as may arise from such damage or injury. Indemnification therefore
shall be made in the manner provided by this section. Such indemnification
shall not exceed the actual damage. In no event shall indemnification
exceed:
(1)
For each animal in the case of horses or cattle: $800.
(2)
For each domesticated fowl, duck, goose, swan, turkey, pheasant or
other bird which is raised in confinement under license from the State
Department of Environmental Conservation, before release from captivity,
and confined domestic hare or rabbit: $15.
(3)
For any other domestic animal as defined in Article 7 of the Agriculture
and Markets Law: $100.
(4)
For each animal in case of registered purebred dairy and beef cattle
or of purebred dairy and beef cattle eligible for registration and
less than one year of age: $1,000.
(5)
For each animal in the case of each registered purebred sheep, goat
or swine or purebred sheep, goat or swine eligible for registration
and less than one year of age: $250.
B.
No indemnification shall be paid for fowl of the varieties commonly
used for cockfights.
C.
The name of the owner of the dog causing the damage, if known, shall
be reported to the financial officer of the county, and such owner
shall be liable to the county in reimbursement for any amounts paid
by the county for such indemnification, in an action to be brought
in the name of the county by the financial officer of the county or
the County Dog Control Officer in a court of competent jurisdiction.
D.
The owner of a domestic animal injured or killed as a result of being
attacked, chased or worried by any dog shall, immediately upon the
discovery of such injury or death, notify the nearest assessor of
the city or town where the damage was done of the fact of such injury
or death and that the owner claims indemnity therefor and requires
that the damage be determined. The assessor, or any other individual
designated in writing by the governing body of the city or town, shall
immediately inquire into the matter and shall examine the animal injured
or killed and, if he deems it necessary shall examine witnesses in
relation thereto. If the assessor or designated individual is satisfied
that the injuring or killing of the animal was caused by a dog and
that the owner of the animal had taken reasonable precautions to prevent
the damage done, the assessor or designated individual shall determine
the amount of the damage apparent at the time and make a report of
the amount of damages; provided, however, that if the amount of damage
is determined by the assessor or designated individual to be more
than $400, the assessor or designated individual shall immediately
give notice of the claim to all the other Assessors or designated
individuals, if any, of the city or town, or a majority of them, who,
shall, within three days, inquire into the matter and make a report
in the manner provided above. The report shall be promptly filed with
the financial officer of the county and the Commissioner and a copy
provided to the claimant.
E.
The governing body of any county may establish by local law a procedure
for reviewing the decision of the Assessor or designated individual.
If a procedure has been established, the claimant or financial officer
of the county may, within 20 days after the receipt of the report
of any assessor or designated individual, if dissatisfied with the
amount of the damages stated therein, request a review pursuant to
the procedure established by the governing body of the county. The
decision after review shall be in writing, and copies thereof shall
be mailed to the financial officer of the county, the claimant and
the Commissioner.
F.
In the event that the county shall not have established a procedure
for review of the decision, such review shall be made by the Commissioner.
Upon receipt of such request, the Commissioner shall cause an investigation
to be made of the alleged attack upon the claimant's domestic animal,
the facts surrounding such attack and the amount of damage incurred
thereby for which indemnification should be made in accordance with
the intent of this section. The claimant shall permit the Commissioner
or his authorized representative to enter the premises on which the
attack is alleged to have been made and shall furnish to the Commissioner
or his representative whatever information and proof may be available
to the claimant and may be deemed necessary by the Commissioner or
his representative to complete the investigation. Upon completion
of the investigation, the Commissioner shall decide whether the attack
was in fact made by a dog upon a domestic animal, as defined in § 108
of Article 7 of the Agriculture and Markets Law, and whether the owner
had taken reasonable precautions to prevent the damage done and, if
he so finds, shall either confirm or deny the determination of the
assessor or designated individual or modify it as may appear proper
and adequate in view of the facts. The decision of the Commissioner
shall be in writing, and copies thereof shall be mailed to the financial
officer of the county and the claimant.
G.
After the expiration of 20 days from the filing of the Assessor's
or designated individual's report with the financial officer of the
county, such officer shall mail to the claimant a certificate of indemnity
due to the claimant; provided, however, that in those counties where
a review procedure has been established and a request for a review
has been presented, such certificate shall be mailed to the claimant
upon the filing of a copy of the decision, after review, with the
county financial officer. The financial officer shall retain a copy
of the certificate and shall mail a copy to the Commissioner.
H.
If, subsequent to the determination of damage, it develops that damage
which was not apparent at the time of determination was caused to
any domestic animal, a supplemental notice of claim for such damage
shall be promptly given by the claimant upon discovery thereof to
the assessor at any time within six months after the discovery of
the original damage. Such notice shall set forth the facts upon which
the additional claim was based. The same proceedings shall thereupon
be had as upon the original claim.
I.
The amount of the damage determined as hereinbefore provided shall
be paid by the financial officer of the county of the claimant, upon
presentation of the aforesaid certificate, from the funds received
by such officer and, if such funds shall be insufficient therefor,
then from such other funds as shall be raised by the county governing
body in the manner that funds are raised to pay other county charges.
J.
These rates are subject to state law, and fees shall be based upon
current state law.
A.
The following fees and costs established for impoundment of dogs
under § 117 of the New York State Agriculture and Markets
Law:
(1)
For the first impoundment of any dog owned by a person or entity:
$25.
(2)
For the second impoundment of any dog owned by the same person or
entity within one year of the first impoundment: $50.
(3)
For the third impoundment of any dog owned by the same person or
entity within one year of the second impoundment: $75.
(4)
An additional $25 for each and every additional impoundment within
one year of a prior impoundment of any dog owned by the same person
or entity so that the total fine for the impoundment of dogs owned
by the same person or entity during any one-year period would be $25
for the first impoundment, $50 for the second impoundment, $75 for
the third impoundment, $100 for the fourth impoundment, and so on.
(5)
In addition to the fines described herein, the owner or any impounded
dog will be required to pay $20 for each 24 hours or part thereof
said dog is impounded.
B.
Said owner shall pay all impoundment fees to the Dog Control Officer
before such dog shall be released to said owner. In addition to impoundment
fees any licensing fees which are required under this code shall be
paid to the Town Clerk prior to the release of the dog to its owner.
A.
Each dog seized or impounded by the Dog Control Officer of the Town
of Holland, under the authority of the New York State Agriculture
and Markets Law, that requires veterinary treatment for either injuries
or sickness shall receive such veterinary care when such care is necessary
in the judgment of the Dog Control Officer.
B.
The owner of such dog shall pay for said veterinary fees in addition
to the impoundment fees upon redemption of the dog or, if said dog
is deceased, not later than 30 days after said veterinary care is
rendered and the owner notified in writing of such amount.
C.
If such amount is not paid within 30 days after written notification,
the Town shall proceed to collect the amount in a civil action in
the Town of Holland Justice Court.