No person who owns or has control of any dog shall permit or suffer such dog to damage or destroy property of any kind of another person, to attack or bite any person peaceably conducting himself in any place where such person may lawfully be, or to attack, chase, injure or kill any domestic animal or dog or cat of another person when such animal is in any place where it may lawfully be. For the purpose hereof, when any dog is at large contrary to the provisions of this article and commits any of such acts, the owner or person in control shall be deemed to have permitted or suffered the dog to have committed such act.
No owner of a dog or of a duly approved kennel within the Town of Colden shall suffer or permit any dog or dogs to create any unreasonably loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individual, and the violation hereof is prohibited and deemed to be a public nuisance, and such dog or dogs shall be so housed and confined in a place so constructed as to prevent such disturbing and unnecessary noise as may result from the habitual or continual barking of such dog or dogs. The provisions of this section shall be liberally construed to prevent excessive, unreasonable, disturbing and unnecessary noise, due consideration being given to the circumstances, time of day, particular location of each violation and the demands of the public health, safety and welfare.
No person who owns a dog shall permit the premises, structures or enclosure in which such dog is kept to be unclean or unsanitary.
In the event that the Dog Control Officer or law enforcement officer has probable cause to believe that a dog is dangerous, the Dog Control Officer or law enforcement officer may proceed under Article 7 of the New York State Agriculture and Markets Law for a determination by the Justice Court of the Town of Colden. If the court shall find such dog to be a dangerous dog under the Agriculture and Markets Law or under this chapter, the court may impose such restrictions on said dog as are provided for in the Agricultural and Markets Law or as are provide for under this chapter.
The Dog Control Officer or any law enforcement officer shall seize any dog found to be in violation of the provisions of Article 7 of the New York State Agriculture and Markets Law or in violation of this chapter; and such dog shall be impounded, redeemed, euthanized or sold as provided in § 118 of the Agriculture and Markets Law; and the owner of such dog shall pay the costs of seizure and impoundment as provided for in this chapter.
The owner of any dog which has attacked or injured another person or animal contrary to the provisions of this chapter shall confine such dog for such length of time as may be directed by the Dog Control Officer for the purpose of determining whether such dog is affected by rabies; and if so affected, such dog shall be destroyed (euthanized) under the direction of the Dog Control Officer.
The owner of any dog which has attacked or injured another person or animal or has been determined to be a dangerous dog as provided herein shall not thereafter permit such dog to be at any place other than on the premises of the owner unless such dog is securely fitted with a properly fitting muzzle of a type which shall not permit such dog to bite another person or animal.
A kennel license shall be required for four or more dogs per dwelling unit, required as follows:
Application to the Town Board for a special use permit and kennel license.
Proof of notice at least 10 days prior to the consideration of the special use permit to all adjoining property owners within 1,000 feet of the premises to be licensed.
All applications shall be referred to the Dog Control Officer for review, with any recommendations submitted to the Town Board within 30 days from referral.
Any dog four months or older shall be considered a dog for the purposes of the required kennel permit.