[HISTORY: Adopted by the Board of Trustees
of the Village of Holley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-8-1971]
[Added 10-12-2004 by L.L. No. 3-2004]
As used in this article, the following terms
shall have the meanings indicated:
Any dog that is unleashed and either on property open to
the public or on private property not owned or leased by the owner
of the dog unless permission for such presence has been obtained.
Any dog which:
A dog barking, whining, etc., for repeated intervals of at
least 15 minutes with less than 4 minutes of interruption, which can
be heard by any person, including a law enforcement officer or dog
control officer, from a location outside of the owner’s or caretaker’s
premises.
Any person who is the licensed owner or last licensed owner
of a dog, or any person who harbors or keeps a dog for more than one
day. If the owner of a dog is under the age of 18 years, the owner
of the dog shall be deemed to be the parent or guardian of such person
or the head of the household in which such person resides.
No person owning, keeping, harboring or having
the custody and control of a dog shall permit such dog to be at large
in the Village of Holley elsewhere than on the premises of said person,
except it be on the premises of another person with the knowledge,
consent and approval of such other person.
The owner, harborer, keeper or person having
custody and control of a dog in the Village of Holley shall control
and restrain and shall be of such physical ability to be able to control
and restrain a dog by an adequate collar and leash not exceeding six
feet in length, except when such dog is on the premises of said person
or on the premises of another person with the knowledge, consent and
approval of such other person. Dogs weighing over 25 pounds shall
have the leash attached to a choke collar.
A.
No person who owns, possesses or harbors a dog shall
suffer, permit or allow such dog to urinate or defecate at any place
except upon the property of such person or in the roadway of a public
street between the curbs or curblines.
B.
No person owning, harboring, keeping or having the
custody and control of a dog shall suffer, permit or allow such dog
to urinate, defecate or to commit any other nuisances to any part,
or any public building, school, or any stores, parking or upon any
public sidewalk or on any private property.
C.
Any person who owns or is in charge of any dog which urinates, defecates or commits any nuisance in violation of Subsections A and B above shall immediately remove all feces deposited by any such dog by any sanitary method approved by the local health authority. The feces shall then be properly disposed of by the person owning or in charge of any such dog. The provisions of this subsection shall not apply to blind persons who may use dogs as guides.
[Added 10-12-2004 by L.L. No. 3-2004]
[Amended 10-12-2004 by L.L. No. 3-2004]
No person shall keep, harbor or maintain any
dog which habitually howls, barks or cries in such a way as to disturb
or annoy any person or persons of reasonable sensitivities or interfere
with the peaceful living of any person or persons of reasonable sensitivities.
A.
No dog shall be permitted or allowed to run at large
anywhere within the corporate limits of the Village of Holley, New
York, unless such dog shall be wearing a tag as required by Article
7 of the Agriculture and Markets Law of the State of New York. Such
tag shall be procured by the owner from the Town Clerk of the Town
of Murray, Orleans County, New York, and shall have stamped thereon
a number recorded in the office of the Town Clerk and shall have been
issued during the current year.
B.
Any dog found running at large anywhere within the
Village limits of Holley, New York, without such a tag, or wearing
a tag issued during a previous year, shall be seized by any dog control
officer, peace officer or police officer and shall be turned over
to the Dog Warden of Orleans County, New York. The fact that a dog
is without an official license tag, or is wearing a tag issued during
a previous year, is presumptive evidence that the dog is unlicensed.
No action shall be permitted to recover from the Village of Holley
the value of, or for damage, injuries, or for the destruction of any
unlicensed dog.
[Amended 10-12-2004 by L.L. No. 3-2004]
No owner shall permit a dog of ferocious character
or disposition to run at large. Any dog which chases, jumps at or
onto, or snaps at or bites any person may be judged to be ferocious
(an exception to this judgment may be made in the case of easily recognized,
playful dogs).
[Amended 7-10-1979; 10-12-2004 by L.L. No. 3-2004]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, each and every violation of this
article shall be punishable by a fine of $15 for the first offense;
a fine of $25 for a second offense; and a fine of $50 for a third
offense. In addition to the penalty above provided, each and every
violation thereof shall constitute disorderly conduct and the person
violating the same shall be a disorderly person and such violation
shall constitute disorderly conduct and such person shall be a disorderly
person. In accordance with Article 7, § 118 of the Agriculture
and Markets Law, any dog which violates or is permitted or allowed
to violate any of the provisions of this article may be seized by
any dog control officer, peace officer or police officer and impounded
at once, and the owner shall be allowed five days, immediately following
the issuing of the notification of such impounding and the cause thereof,
in which to remove such violation and recover the dog; and in the
event of a subsequent violation of the article by the same dog, such
dog may be impounded and turned over to the Dog Warden of Orleans
County, New York, for disposition. Unlicensed dogs, dogs unclaimed
after 72 hours and dogs picked up after the third offense will be
turned over to the Dog Warden of Orleans County, New York for disposition.
[Adopted 5-14-1991 by L.L. No. 3-1991]
The Legislature of the State of New York, by
grant of authority pursuant to the Constitution, the Municipal Home
Rule Law and of the Village Law of the State of New York, has empowered
local municipalities to enact legislation by means of adoption of
a local law which may be necessary from time to time in order to protect
the health, safety, comfort and general welfare of the residents of
the local municipality. Specifically, § 4-412 of the Village
Law of the State of New York confers general powers upon the Board
of Trustees to adopt local laws, not inconsistent with the provisions
of said Constitution and the Municipal Home Rule Law, in order to
protect the property, the safety, health, comfort and general welfare
of the inhabitants of the Village of Holley.
By petition filed and received by the Board
of Trustees, it has been brought to the attention of said Board that
some individuals within the Village of Holley own, harbor, or possess
reptiles which have been introduced by them into public places or,
on occasion, have been permitted to roam free within the limits of
the Village of Holley, causing public alarm and annoyance, even though
such reptiles are believed to be nonpoisonous. The Board of Trustees
has also received and filed a petition in support of the owning, harboring
and possessing of such reptiles within the Village of Holley. After
due consideration of the question at hand, it is the determination
of the Board of Trustees that reptiles of the type in question may,
by their nature, and as a result of the preconceptions of society,
cause public harm and annoyance when exposed to the general population.
The Board of Trustees has determine that not only reptiles of the
nature in question, but also certain types of poisonous and nonpoisonous
spiders may also cause public harm and annoyance. It is the intent
of the Board of Trustees of the Village of Holley to enact this article
to provide reasonable regulation and control of reptiles and spiders,
both poisonous and nonpoisonous, within the Village of Holley, but
such legislation shall not serve as a ban, prohibiting the rights
of the citizens to own, harbor or possess certain reptiles and spiders.
The purpose of this article is to prevent fear, alarm and annoyance
to the general public which may be exposed to such reptiles and spiders,
all for the purpose of promoting the health, safety, comfort and general
welfare of the residence of the Village of Holley. The classification
of "reptiles" is broad, and the Board of Trustees recognizes that
the same includes turtles, which in the past have been common house
pets. It is the intent of the Board of Trustees to specifically exclude
turtles from regulation pursuant to this article.
A.
It shall be unlawful for any persons to own, harbor,
possess or offer for sale a poisonous reptile or spider within the
territorial limits of the Village of Holley.
A.
It shall be unlawful for any person, except as otherwise
permitted herein, to own, harbor, possess or offer for sale a nonpoisonous
reptile:
(1)
In any public place, building or place of public assembly
or within 10 feet of any public place, building, place of public assembly
or public street or sidewalk within the territorial limits of the
Village of Holley.
(2)
In any building or structure or portion thereof, except
for a personal residence, which building or structure, or portion
thereof, is open to the general public or to which there is access
to that portion of the same which is open to the general public.
(3)
In any motor vehicle or any trailer or mobile home
unit attached thereto or towed by the motor vehicle except in an enclosed
container which will prohibit freedom of movement of the reptile or
the escape of the same.
(4)
In any residential building or structure or any portion
thereof, without the written consent of all other adult tenants or
residents thereof which share the same residential unit or whose premises
share a common area with the place where the reptile is harbored or
possessed, and, in all situations, only upon receipt of written consent
of the owner of the premises.
B.
It shall be unlawful for any person to own, harbor
or possess nonpoisonous reptiles or spiders for the purpose of breeding
or reproduction for sale to the general public or as a business.
C.
Notwithstanding the provisions of Subsection A above, it shall be lawful for any person to own, harbor or possess a nonpoisonous reptile upon a public street or sidewalk within the Village of Holley if such reptile is restrained, either by cage or container, so as to prevent direct contact with members of the general public.
D.
The ownership, harboring, possession or offering for
sale of turtles, salamanders and newts shall be specifically excluded
from the provisions of this article.
E.
The person found to be in violation of any portion
of this section by a court of competent jurisdiction shall be guilty
of a violation punishable by imprisonment for a period not to exceed
30 days or a fine in an amount not to exceed $50, or both such fine
and imprisonment.
To the extent that such consent is required as provided by § 91-12 herein, said consent may be withdrawn at any time either orally or in writing. An adult can give consent only for him- or herself. A parent or legal guardian may give consent for his/her minor children or ward. Such consent given shall be valid only if the person seeking such consent shall provide full disclosure to the person whose consent is sought, including information pertaining to the type and number of reptiles and their physical characteristics and propensities, as well as all information necessary in the event of an escape of the reptile. For purposes of this article, a minor shall be deemed to be a person under the age of 18 years.
A.
Any reptile discovered in any prohibited place or area as set forth in § 91-11 hereof, or any reptile discovered to be loose or unattended, or any poisonous reptile, is hereby declared to constitute a public nuisance and any peace officer or, in an emergency, any other person may, with regard to such reptile:
B.
Any person not a peace officer who shall or shall cause to be destroyed or otherwise taken into custody a reptile under the provisions of this section shall notify the Village of Holley Police Department or other appropriate agency as soon thereafter as possible under the circumstances. In the event that such reptile has been taken into custody, the Village of Holley Police Department or other appropriate regulatory agency shall take such reptile into custody from such person and may dispose of it in accordance with Subsection A of this section. The Village of Holley Police Department shall use due diligence to ascertain the owner of the reptile prior to destroying the same. The owner of such reptile shall be responsible for any and all costs incurred by the Village of Holley, the Holley Police Department, or any person or other regulatory agency which has or caused the reptile to be destroyed, seized, or taken into custody.
C.
Any action taken by the Village of Holley Police Department
or by any other person acting in an emergency situation by destroying,
seizing or taking the reptile into custody shall not subject such
person or agency to liability if it is established that such person
or agency had reasonable grounds to believe that the snake or other
reptile constituted a nuisance as provided in this section, even though
it may be determined that such reptile was not owned, possessed, harbored
or offered for sale in violation of this article.
This article may be amended from time to time
as necessary pursuant to the procedures set forth in Municipal Home
Rule Law and the Village Law of the State of New York. The Mayor and
the Board of Trustees of the Village of Holley are hereby authorized
to adopt rules and regulations which from time to time may be required
to facilitate the implementation of this article, including the issuance
of permits and any terms, conditions or restrictions which may be
applied to such permits. The Mayor or the Board of Trustees may, by
rules or regulations adopted, exempt particular kinds and types of
reptiles from said article after it has been determined that the same
shall not create or impose the same threat of public harm or annoyance
as those reptiles regulated pursuant to this article. Any and all
such rules and regulations adopted by the Mayor and/or Board of Trustees
shall be effective upon filing in the office of the Village Clerk
of the Village of Holley.
No provision or section of this article shall
be construed as superseding or limiting any provision of the Agriculture
and Markets Law or any other law, rule or regulation of the State
of New York.
The Village of Holley Police Department is hereby
deemed to be the chief law enforcement agency responsible for the
enforcement of the provisions of this article.
