[Adopted 12-8-2010 by L.L. No. 27-2010]
The title of this article shall be the "Dog Licensing and Identification
Law of the Town of Poughkeepsie, County of Dutchess, State of New
York."
This article is enacted pursuant to § 130 of the Town
Law, the provisions of Article 7 of the Agriculture and Markets Law
(as amended by Chapter 59; Part T of the Laws of 2010) and the Municipal
Home Rule Law of the State of New York.
The Town Board of the Town of Poughkeepsie hereby finds and
declares that the purpose of this article is to provide for the licensing
and identification of dogs.
As used in this article, the following terms shall have the
meanings set forth below:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Town of
Poughkeepsie, County of Dutchess, State of New York.
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
The Town of Poughkeepsie, County of Dutchess, State of New
York.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the State of New York.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large. No license shall be required for a dog 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, duly incorporated
society for the prevention of cruelty to animals, duly incorporated
humane society or duly incorporated dog protective association.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk of the Town a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Town.
The Town does not allow the licensing of dogs by an animal shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the Town for the purchase of the license for adoption purposes.
Any dog harbored within the Town which is owned by a resident
of New York City or licensed by the City of New York, 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 the licensing and identification provisions of this article.
Each license application shall be accompanied by proof that
the dog has been vaccinated against rabies or a statement from a New
York State licensed veterinarian that such vaccination would endanger
the dog's life, in which case vaccination shall not be required.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license 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.
B.
State-mandated animal population control surcharge.
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1, payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3, payable at the time the dog license application is filed.
C.
Dog enumeration surcharge. Each dog found to be unlicensed after
a published given date during a Town dog enumeration shall be subject
to a dog enumeration surcharge of $20, payable at the time the application
is filed to license said dog.
[Amended 2-21-2018 by L.L. No. 3-2018]
D.
Replacement tag fee. A replacement tag fee of $3 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town. 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 cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs.
(1)
Upon the transfer of 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.
(2)
In the event of a change of ownership of any dog which has been assigned
a municipal identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official 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)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent 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.
(4)
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.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any person
wishing to replace a tag previously issued shall pay the sum of $3
to the Town Clerk for a replacement tag.
[Amended 2-21-2018 by L.L. No. 3-2018]
A.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in Agriculture and Markets Law § 108
may annually make an application for a purebred license, in lieu of
or in addition to the individual licenses required by this article.
A 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.
B.
The purebred dog license application shall state the name, address
and telephone number of the owner, the county and town where such
dogs are harbored, the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises, and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the Town Clerk shall assign
a license number, which shall be reserved for the sole use of the
named owner, and shall issue a purebred license. Once a purebred license
has been issued, no refund therefor shall be made. The Town Clerk
shall:
E.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of § 57-15 of this article, except when the new owner holds a valid purebred license.
F.
Fees.[1]
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $30.
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $50.
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $100.
(4)
Each unspayed or unneutered purebred dog license shall be subject
to an animal population control surcharge in the amount of $3, payable
at the time the dog license application is filed.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $75 for a first violation; of $100 for
a second violation and $125 for each subsequent violation.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effective date of this article,
null and void.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or parts
of this article.
This article shall become effective January 1, 2011, after filing
with the Secretary of State.
