Town of Holland, NY
Erie County
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Table of Contents
Table of Contents

§ 64-4
Rabies vaccination required. 

§ 64-5
License requirements. 

§ 64-6
Application for license. 

§ 64-7
Issuance of license; identification tag. 

§ 64-8
Term of license and renewals. 

§ 64-9
Change of ownership; lost or stolen dog; death of dog. 

§ 64-10
Protection of deer. 

§ 64-11
Indemnification for damage. 

§ 64-12
Impoundment fees. 

§ 64-13
Veterinary care for impounded dogs. 

§ 64-4 Rabies vaccination required.

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.

§ 64-5 License requirements.

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.

§ 64-6 Application for license.

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.

(2) 

Licenses issued to any such dogs listed in Subsection A(1) shall be conspicuously marked "guide dog," "hearing dog," "service dog," "working search dog," "war dog," "detection dog," "police work dog" or "therapy dog."

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.

§ 64-7 Issuance of license; identification tag.

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.

§ 64-8 Term of license and renewals.

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.

§ 64-9 Change of ownership; lost or stolen dog; death of dog.

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.

§ 64-10 Protection of deer.

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.

§ 64-11 Indemnification for damage.

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.

§ 64-12 Impoundment fees.

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.

§ 64-13 Veterinary care for impounded dogs.

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.