A.
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.
B.
No owner of a dog or of a duly approved kennel within the Town of
Holland 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.
C.
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 Holland. If the court shall find
such dog to be a dangerous dog under the Agriculture and Markets Law
or under this article, 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 article.
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 article; 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 article 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 property 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:
A.
Application to the Town Board for a special use permit and kennel
license.
B.
Proof of notice at least 10 days prior to the consideration of the
special use permit to all adjoining property owners within 200 feet
of the premises to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
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.
D.
Any dog four months or older shall be considered a dog for the purposes
of the required kennel permit.
E.
Kennel area. The kennel license shall require a minimum of three
acres which shall be located a minimum of 500 feet in R-A and R-2
Districts and at least 200 feet in an R-1 District from adjoining
properties. Proof of notice at least 10 days prior to the consideration
of a special use permit of all property owners located within a minimum
of the districts hereinbefore stated.
[Added 5-12-2021 by L.L. No. 1-2021]
