[Adopted 11-10-2010 by L.L. No. 1-2010[1]]
[1]
Editor's Note: This local law also superseded former Art. I, Dog License Fees, adopted 1-20-1986 by L.L. No. 1-1986, as amended, and Art. II, Fees for Purebred Licenses, adopted 8-6-1990 by L.L. No. 2-1990, as amended.
The purpose of this article is to protect the health, safety and well-being of persons and property by imposing licensing requirements on the keeping and owning of dogs within the Town.
This article is enacted pursuant to the provisions of Article 7, Chapter 59, Part T, of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Licensing Law of the Town of Barre."
As used in this article, the following words shall have the following respective meanings:
DOG
Male and female, licensed and unlicensed members of the species Canis familiars.
OWNER
A person entitled to claim lawful custody and possession of a dog, who is responsible for purchasing the license for such dog unless the dog is or has been lost and such loss was promptly reported to the dog control officer and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held in and deemed to be the owner. If said owner of any dog found to be in violation of this chapter shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog in violation of this article.
TOWN
The Town of Barre.
A. 
All dogs in the Town of Barre must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies at the time of licensing or the renewal of an existing license.
B. 
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
C. 
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $7 (which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control), and the fee for an unspayed or unneutered dog will be $15 (which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control), with such fees being reviewed by the Town Board periodically, and such fees may be changed by a resolution of the Town Board, if deemed necessary.
D. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed at the time the enumeration is conducted.
E. 
Purebred license. The Town of Barre will be issuing purebred licenses as defined by the New York State Agriculture and Markets Law or other applicable law.
F. 
Service dogs. The Town of Barre will require a license for any guide dog, service dog, hearing dog or detection dog, although the license fee will be waived.
G. 
The Town of Barre will allow the licensing of dogs by the Orleans County Animal shelter.
H. 
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees.
I. 
All fees will be used in funding the administration of the dog licensing for the Town of Barre.
J. 
Fees for seizure of dogs. The fees for seizure and impoundment of dogs in violation of this article or the laws of the New York State Department of Agriculture and Markets Law are as follows:
(1) 
First offense: the same impoundment and euthanasia fees per animal that are charged to the Town for such service.
(2) 
Second offense: $60, plus the impoundment and euthanasia fees, per animal.
A. 
The County Dog Control Officer or any peace officer shall seize:
(1) 
Any unlicensed dog whether on or off the owner's premises.
(2) 
Any dog not wearing a tag.
B. 
Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, and the County Dog Control Officer shall see that the order of the Town Justice of the Town of Barre in such case is carried out.
C. 
The County Dog Control Officer or peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. Said violation should be considered a petty offense and not a misdemeanor.
D. 
Any person who observes a dog in violation of this article may file a complaint under oath with the Orleans County Dog Control Officer specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.
Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation; of $50 for a second violation; and $75 for each subsequent violation.