Town of Salina, NY Dogs

Any dog harbored within the Town of Salina which is owned by a resident of the Town of Salina or licensed by the Town of Salina, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from this article.

This article shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined for the purposes of research to the premises of any college or other educational or research institution.

This article shall not apply to any dog confined to the premises of any person, firm or corporation engaged in the business of breeding or raising dogs for profit and licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act.

§ 70-3 Definitions.

As used in this article, the following words shall have the following respective meanings:

A AND M LAW

The Agriculture and Markets Law of the State of New York.

ANIMAL/DOG CONTROL OFFICER

Any individual appointed by the Town Board to enforce this article, who shall have all of the powers of a constable or other peace officer in the execution of the provisions of this article or Article 7 of the Agriculture and Markets Law of New York. These powers shall include the service of any process, including an appearance ticket, related to any proceeding brought under the provisions of this article or Article 7 of the Agriculture and Markets Law.

CLERK

The Town Clerk, or Deputy Town Clerk, of the Town of Salina or his or her agent.

DANGEROUS DOG

As defined in A and M Law § 108 therein made and provided or hereinafter amended.

DOG

Any member of the species canis familiaris.

GUIDE, HEARING OR SERVICE DOG, OR ANY OTHER SPECIAL USE DOG

As defined in the A and M Law.

HARBOR

To provide food or shelter to any dog.

IDENTIFICATION TAG

A tag issued by the licensing municipality which sets forth an identification number, together with the name of the Town, the State of New York, contact information, including telephone number for the town and such other information as the Town deems appropriate.

IDENTIFIED DOG

Any dog carrying an identification tag as provided in this article.

OWNER

Any person who harbors or keeps any dog.

OWNER OF RECORD

The person in whose name any dog was last licensed pursuant to this article or the State of New York (if prior to January 1, 2011), except that if any license is issued on 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. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 70-8 of this article, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.

PERSON

Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.

TOWN

The area within the corporate limits of the Town of Salina.

§ 70-4 Licensing requirements.

All dogs harbored within the Town that are four months of age or older, unless otherwise exempted, must be licensed. No license shall be required for any dog that is under the age of four months and which is not at large or that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, or duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. Licenses shall only be issued or validated by the Clerk of the Town.

Application for dog license shall be made to the Clerk and shall be accompanied by the appropriate license fee, as provided for hereinafter

The application shall state the sex, actual or approximate year of birth, breed, color and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town of residence of owner, and such other information as deemed necessary by the Clerk.

Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required.

In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided that such certificate shall not be required if the same is already on file with the Clerk.

Upon validation by the clerk, the application as described herein shall be issued. Once an application has been validated, no refund therefor shall be made. The Clerk shall provide a copy of the license to the owner and retain a copy in the Town records. Upon request, the license shall be made available by the Town to the Commissioner of the New York State Department of Agriculture and Markets for purposes of rabies or other animal disease control efforts and actions.

Each license issued or renewed shall be valid for a period of one year and shall not be transferable. Each license shall expire on the last day of the last month of the period for which they are raised. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.

§ 70-5 Purebred licenses.

The Town shall not issue purebred or kennel licenses.

§ 70-6 License fees and surcharges.

The fee for a dog license issued pursuant to § 70-4 shall be established by Town Board resolution from time to time hereafter. Where the owner submits 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, the license fee for the dog shall be the same as for a spayed or neutered dog.

In addition to the license fee established in Subsection A of this section, each applicant for a dog license shall pay such surcharges as set forth in the resolution of the Town Board. Where the owner submits 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, such dog shall be treated as a spayed or neutered dog for purposes of determining any surcharges.

In addition to the license fee established in Subsection A of this section, and the surcharges described in Subsection B of this section, it is within the Town Board's discretion to assess against each applicant for a dog license an additional surcharge, as set forth by Town Board resolution. The amounts collected through this additional surcharge shall be retained by the Town to defray the cost of an enumeration of dogs living within the Town and the cost of providing replacement identification tags. The Town may also assess an additional fee against any person applying for a dog for a dog identified as unlicensed during an enumeration conducted by the Town.

There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog, as those terms are defined in § 108 of Article 7 of the New York State Agriculture and Markets Law. Each copy of any license issued for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog" or "Therapy Dog" as may be appropriate by the Clerk.

Any dog owner presenting sufficient proof that such dog owner is 65 years of age or over may be entitled to pay a lower annual license fee, as set forth by Town Board resolution.

§ 70-7 Identification tags.

Each dog license pursuant to § 70-4 of this article shall be assigned, at the time the dog is first licensed, a Town 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. 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 and in a manner prescribed by the Clerk.

A dog participating in a dog show shall be exempt from the identification requirement in Subsection A of this action during the participation in such dog show.

No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.

§ 70-8 Change of ownership; lost or stolen dog.

In the event of a change in the ownership of any dog which has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Clerk a written report of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.

If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the clerk a written report of such loss or theft. In the case of a 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.

In the case of a dog's death, the owner of record shall notify the Clerk either prior to or upon the time for renewal of the license.

§ 70-9 Violations.

It shall be a violation, punishable as provided in Subsection C of this section, for:

(1)

Any owner to fail to license any dog;

(2)

Any owner to fail to have any dog identified as required by this article;

(3)

Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs;

(4)

Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;

(5)

Any person to furnish any false or misleading information on any form required to be filed with the Town pursuant to the provisions of this article or rules and regulations promulgated thereto;

(6)

Any owner of a dog to fail to notify the Town of any change of ownership or address as required by § 70-8 of this article;

(7)

An owner or custodian of any dog to fail to exercise due diligence in handling his or her dog, if the handling results in harm to another dog that is a guide, hearing or service dog.

It shall be a violation of the owner of a dog for said owner's dog:

(1)

To be at large off the owner's premises, except when such dog is restrained by a leash not exceeding six feet in length;

(2)

To engage in habitual loud barking, crying or whining as to conduct itself in such a manner as to unreasonably and habitually annoy any person;

(3)

To cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.

(4)

While in heat, to be off the owner's premises, whether or not said dog is at large or restrained by a leash.

A violation, as above, of this article shall constitute an offense punishable by a fine not to exceed $250.

§ 70-10 Enforcement.

Seizure of dog.

(1)

The Dog Control Officer or any other peace officer may seize any dog which:

(a)

Is not licensed as required by § 70-4, whether or not such dog is on or off the owner's premises;

(b)

Is not identified and which is not on the owner's premises;

(c)

Is found in violation of § 70-9;

(d)

Poses an immediate threat to the public safety.

(2)

Any dog seized pursuant to Subsection A(1) of this subsection shall be taken to such place as may be designated by the Town Board as a place of detention, and there such dog shall be properly fed and cared for until the expiration of the applicable redemption period set forth in § 118 of the Agriculture and Markets Law. In the event that such dog bears a license tag, the person seizing the dog shall, within three days thereafter, ascertain the name of the owner thereof and give said owner immediate notice by serving on said owner, personally or by certified mail, return receipt requested, an instrument, in writing, stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be sold or destroyed unless redeemed within 12 days of the date of the seizure of the dog. If an impounded dog is not redeemed within the applicable redemption period set forth in § 118 of the Agriculture and Markets Law, the owner shall forfeit title to such dog, and it may thereafter be sold or destroyed by the Town.

Appearance tickets. The Dog Control Officer or any peace officer observing a violation of this article (or by verified complaint filed by a citizen) is hereby authorized to issue and serve an appearance ticket for such violation, pursuant to the Criminal Procedure Law, to the owner of any dog violating any provisions of this article. The appearance ticket shall be in the form prescribed by said Criminal Procedure Law. Forms shall appear on all appearance tickets whereby a person charged with a violation may either admit the violation as charged on the appearance ticket or deny part or all of the violation on an appearance ticket issued pursuant to this subsection and may make an answer to such appearance ticket by certified or registered mail, return receipt requested, within seven days of the violation in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.

§ 70-10.1 Redemption.

Each dog seized may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and identified pursuant to the provisions of this article; and further provided that the owner pays the applicable impoundment fees as set forth in the then-existing contract between the Town and any incorporated humane society or dog protective association providing pound or shelter services for the Town. These fees are in addition to the fines set forth in § 70-9C.

§ 70-10.2 Dangerous dogs.

The Town may proceed as to dangerous dogs in accordance with § 118 of the A and M Law therein made and provided and as may be amended hereafter. The penalties, civil or otherwise, for a violation of said § 118 of the A and M Law shall also be as set forth therein.

§ 70-10.3 Effective date.

This article shall become effective on the first day of January, 2011.