[HISTORY: Adopted by the Town Board of the Town of Highland
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 190.
[Adopted by L.L. No. 7-2002]
A.
It shall be unlawful for any owner of any dog in the Town of Highland
to permit or allow such dog to:
(1)
Run at large other than on premises owned or operated by the owner,
unless it is accompanied by its owner or a responsible person able
to control it by command. For the purpose of this chapter, a dog or
dogs hunting in company of a hunter or hunters shall be considered
as accompanied by its owner, and a dog or dogs performing farm or
livestock duties shall be considered as accompanied by its owner.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (See also § 50-3 hereof.)
(3)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(4)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, run alongside or bark at motor vehicles while on
a public street or highway or upon public or private property other
than the property of the owner or harborer of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of said owner.
A.
It shall be unlawful to keep more than four dogs of six months of age or more on any property, regardless of the number of owners, unless there is minimum of 10,000 square feet of lot area per dog and a license has been obtained from the Town of Highland to operate a kennel on said premises. Kennels as defined in the Zoning Law (Chapter 190), including any buildings, cages, pens, runs or other areas or facilities within which dogs are kept, shall be located a minimum of 300 feet from any adjoining property line and all dogs shall be housed inside a permanent structure between the hours of 9:00 p.m. and 7:00 a.m. The Planning Board, in granting a special use permit, shall be authorized to impose special setbacks, buffers and other measures to limit noise, odor, water pollution and other impacts on adjacent properties. Kennels shall also be restricted to those zoning districts where such uses are permitted under the Town of Highland Zoning Law and shall be considered special uses.
B.
No kennel shall be operated on any property which lacks a full-time
manager or resident manager on premises to deal with problems of noise
and other impacts on adjoining properties.
C.
All kennels shall provide a plan for waste management and disposal
of dead animals, including methods of collecting and disposing of
wastes, schedules for such activities and disposal areas. Such disposal
areas and methods shall comply with all Department of Health standards,
protect groundwater supplies, control odors and provide sanitary conditions
for the animals.
D.
All proposed kennels shall fully comply with the requirements of
this chapter and the Town of Highland Zoning Law and require a license
from the Town Clerk. All existing kennels shall be required to comply
with the operational requirements of this chapter and shall also make
application for a license to operate a kennel, which application shall
be made within 30 days of the effective date of this chapter. Rights
of existing kennel owners shall be limited, however, to the scope
of operation as provided for under the nonconforming use provisions
of the Zoning Law and to a maximum of 10 years from the effective
date of this chapter to allow amortization of any value in the existing
nonconforming operations. They shall not, in any case, be expanded
beyond the number of dogs that legally existed upon the enactment
of said Zoning Law, except in accordance with this chapter and the
Zoning Law.
E.
Kennel license applications to the Town Clerk shall be accompanied
by a fee of $250 or $10 per dog, whichever shall be greater, which
amount may be amended from time to time by resolution of the Town
Board. The Town Board may also provide a separate fee schedule for
kennels operating with purebred licenses under Article 7 of the New
York State Agriculture and Markets Law. A license shall be good for
12 months and may be renewed by the Town Clerk pending an inspection
to determine that all operational standards continue to be met. An
annual license renewal fee of $10 per dog shall apply, which amount
may also be amended from time to time by resolution of the Town Board.
A license may be revoked at any time if such standards are not being
met, provided the owner has been given a warning and opportunity to
remedy any problems, and no party shall operate a kennel without such
license.
F.
The Town Board or its designated agent may for purposes of enforcing
the provisions of this chapter or conducting inspections connected
therewith secure the services of a veterinarian, which costs shall
be the responsibility of the applicant or licensee in the event of
any violation.
G.
Nothing herein shall exempt a dog or kennel owner from securing individual
dog licenses or vaccinations as required by Article 7 of the New York
State Agriculture and Markets Law.
A.
Disturbing the peace. It shall be unlawful to own, harbor or keep
in custody any dog or group of dogs that disturbs the peace by barking
between the hours of 7:00 a.m. and 9:00 p.m. for more than 1/2 hour
or between 9:00 p.m. and 7:00 a.m. barking for more than five minutes.
Such behavior shall be deemed to disturb the peace and create a nuisance
by causing the annoyance and discomfort of persons in the Town of
Highland.
B.
Warning procedure.
(1)
Any resident of the Town may request, in writing, that the Town Board
warn any person who shall own, harbor or keep in custody any dog which
disturbs the peace by barking.
(2)
Any such request shall identify the owner of the premises, the keeper
or custodian of the dog and the name and address of the person making
the request. Upon receipt of such request the Town Board or their
designated agent (Town of Highland Dog Control Officer, peace officer
or police officer) shall promptly investigate the complaint and, upon
satisfaction that there is probably cause that such complaint is valid,
shall give the owner, keeper or custodian of the dog a warning.
(3)
The warning shall consist of personal delivery of a copy of these
provisions to such owner, keeper or custodian, or to someone in their
household, or by mailing a copy of these provisions, together with
a written notice that no further warning shall be given and that any
future complaints shall be prosecuted according to law.
A.
Complaints. Any person who observes a dog in violation of this chapter
may file a complaint under oath with the Town of Highland Dog Control
Officer, or other designated agent of the Town Board, specifying the
nature of the violation, the date thereof, a description of the dog
and the name and residence, if known, of the owner of such dog. Such
complaint may serve as the basis for enforcing the provisions of this
chapter.
B.
Appearance ticket. The Town of Highland Dog Control Officer, or other
designated agent of the Town Board, any peace officer when acting
pursuant to his special duties, or police officer in the employ of
or under contract to the Town of Highland, New York, having reasonable
cause to believe that a person has violated this chapter, shall issue
and serve upon such person an appearance ticket for such violation.
C.
Penalties. Any person violating the provisions of this chapter shall
be subject to a fine of not less than $50 or more than $350 and costs
of prosecution. Each day of violation shall be considered a separate
violation. Responsibility for enforcement of this chapter shall rest
with such official as may be designated by resolution of the Town
of Highland Town Board or, in the absence of such designation, with
any peace officer or officer of the court. The Town Board shall also
be authorized to pursue such civil remedies as may be available under
the New York State Town Law, including securing of an injunction to
enjoin a property owner or other violator from continuing a violation
or engaging in action that would constitute a violation.
The Town of Highland Town Board may, by resolution and for good
cause, waive any of the requirements contained herein or establish
classes of exemption.
[Adopted 11-9-2010 by L.L. No. 1-2010]
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, or any
cat from the Town's animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this Chapter.
The Town Clerk, or Deputy Town Clerk, of the Town of Highland,
where licenses are to be validated or issued.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable, liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species Canis familiaris.
Any dog that is trained to aid the Animal/Dog Control Officer
in control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog or cat.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps any dog or cat.
Any person with a disability as that term is defined in subdivision
22 of Section 292 of the New York State Executive Law.
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
Any resident of the Town age 65 or older.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing home, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.
Town of Highland, including incorporated areas.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
date of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed color(s), and official identification number of the dog,
and other identification marks, if any, and the name, address, telephone
number, county and town of residence of owner.
(4)
The application shall be accompanied by a license fee set by resolution
of the Town Board as listed below and a valid certificate of rabies
vaccination or statement in lieu thereof. In the case of a spayed
or neutered dog, every application shall also be accompanied by a
certificate signed by a licensed veterinarian showing that the dog
has been spayed or neutered, provided such certificate shall not be
required if the same is already on file with the Clerk.
(5)
The fees for a dog license shall be pursuant to a resolution of the
Town Board.
(6)
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(7)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(8)
No license shall be transferable. Upon the transfer or ownership
of any dog, the new owner shall immediately make application for a
license for such dog. The original issued identification tag shall
remain the same for the life of the dog.
(9)
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
B.
Purebred licenses. There will not be distinct purebred licenses as previously provided by the State. Any and all existing purebred licenses will now be required to comply with § 50-7A.
C.
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies, or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of the vaccine. The Clerk shall make or cause
to be made from such statement a record of such information and file
such record with a copy of the license.
D.
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event the additional fees collected exceed the expenses incurred by
the Town in conducting an enumeration in any year, such excess fees
may be used by the Town for any other lawful purpose.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times.
B.
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
of ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $3.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than to the one to which the number
has been assigned.
E.
The identification tag shall be imprinted with the "Town of Highland,"
a unique identification number and the telephone number of the Town
Clerk's office.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of license or upon the time of such
renewal.