This chapter shall be known and may be cited as the "Dog Control Law of the Town of Manlius, New York."
As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- AT LARGE
- Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be "at large" if it is:
- (1) A guide dog actually leading a blind person;
- (2) A police work dog in use for police work;
- (3) Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land;
- (4) A hearing dog aiding a hearing-impaired person; or
- (5) A service dog aiding a person with a disability.
- The clerk of any county, town, city or village where licenses are validated or issued pursuant to this article.
- DETECTION DOG
- 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. Owner must provide a certificate of training or other proof of training from an official agency.
- Any member of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article.
- GUIDE DOG
- 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 during the period such dog is being trained or bred for such purpose. Owner must provide a certificate of training or other proof of training from an official agency.
- To provide food or shelter to any dog.
- HEARING DOG
- 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 during the period such dog is being trained or bred for such purpose. Owner must provide a certificate of training or other proof of training from an official agency.
- IDENTIFICATION TAG
- A tag issued by the Town 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 Clerk deems appropriate.
- INDENTIFIED DOG
- Any dog carrying an identification tag as provided in this article.
- The Town of Manlius.
- For purposes of this chapter, any person who has exclusive custody of a dog or who harbors or keeps any dog for a period of more than 30 consecutive days.
- OWNER OF RECORD
- The person in whose name in any dog licence was last licensed, pursuant to this article.
- PERSON WITH A DISABILITY
- Any person with a disability as that term is defined in Subdivision 21 of § 292 of the Executive Law.
- POLICE WORK DOG
- Any dog owned or harbored by any state or 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. Owner must provide a certificate of training or other proof of training from an official agency.
- SERVICE DOG
- 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. Owner must provide a certificate of training or other proof of training from an official agency.
- THERAPY DOG
- Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, 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 during the period such dog is being trained or bred for such purpose. Owner must provide a certificate of training or other proof of training from an official agency.
- WAR DOG
- Any dog which has been honorably discharged from the United States armed services.
- WORKING SEARCH DOG
- Any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee. Owner must provide a certificate of training or other proof of training from an official agency.
All other words and phrases used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law, which law is hereby adopted by the Town.
The purpose of this article is to preserve the public peace and good order in the Town and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs, including the licenses thereof, that are consistent with the rights and privileges of other residents of the Town.
An animal control officer may be appointed or designated by the Town to enforce this article who shall have all the powers and duties contained in § 114 of the Agriculture and Markets Law.
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 which is under the age of four months and which is not at large.
Any dog that resides in the town for 30 days or more and is more than four months of age shall be licensed.
Except as otherwise provided in this subsection, a license shall be issued or renewed for a period of at least one year, two years, or three years, at the option of the owner, provided that no license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
All licenses shall expire on the last day of the last month of the period for which they are issued. In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian, as provided in Subsection H of this section, a license shall be issued or renewed for a period of one year from the date of said statement.
An application for a dog license shall be made to the clerk of the Town.
The application shall state the sex, actual or approximate age, breed, color, and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town or village of residence of the owner and updated rabies manufacturer, lot/serial number and expiration date. The Town of Manlius may require additional information on the license if deemed appropriate by the Town Clerk.
The application shall be accompanied by the license fee prescribed by § 44-7 of this article. 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 old age or another reason, the life of the dog or dogs would be endangered by the administration of vaccine. The clerk shall make or cause to be made from such statement a record of such information. Such records shall be made available to the commissioner upon request for rabies and other animal disease control efforts.
In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the clerk or authorized dog control officer. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he 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 for a spayed or neutered dog as set forth in § 44-7A of this article.
Upon validation by the Clerk the application shall become a license for the dog described therein. One 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 record of the license that shall be made available upon request for official agency purposes only. No license records shall ever be made available for commercial uses.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by § 44-5 of this article. A purebred license shall be valid for a period of one year and shall be renewable annually thereafter prior to the expiration date. Such application shall be made to the Clerk of the Town.
The application shall be made using a form or forms provided by the Town, and shall include at a minimum the name, address and telephone number of the owner; the county and city, town or village where such dog(s) is or 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.
Upon receipt of the foregoing items, the Clerk shall validate the application, assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once an application has been validated, no refund therefor shall be made. The Clerk shall provide a copy of the purebred license to the owner and retain a record of the purebred license in the Town records.
The license fee for dog licenses issued pursuant to § 44-5 and § 44-6 of this article shall be set by resolution of the Town Board. The total fee for an unspayed or unneutered dog shall be at least $5 more than the total fee for a spayed or neutered dogs, unless an affidavit is provided pursuant to § 44-5I of this article. All revenue derived from such fees shall be the sole property of the municipality setting the same and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto.
Municipalities may exempt from their licensing fees any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license 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 or authorized dog control officer.
In addition to the fee charged pursuant to Subsection A, all municipalities issuing dog licenses pursuant to this article are required to provide for the assessment of an additional surcharge of at least $1 for altered dogs and at least $3 for unaltered dogs for the purposes of carrying out animal population control efforts as provided herein.
In addition to the fee charged pursuant to Subsection A, any municipality issuing dog licenses pursuant to this article is hereby authorized to provide for the assessment of additional surcharges for the purpose of:
Recovering costs associated with enumeration conducted pursuant to this article should a dog be identified as unlicensed during such enumeration. Such additional fee shall be the property of the licensing municipality and shall be used to pay the expenses incurred by the municipality in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the municipality in conducting an enumeration in any year, such excess fees may be used by the municipality for enforcing this article and for spaying or neutering animals; and
Each dog licensed pursuant to § 44-5 of this article shall be assigned, at the time the dog is first licensed, a municipal 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, provided that a municipality may exempt dogs participating in a dog show during such participation.
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.
At the time the 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 or her expense at a fee and in a manner prescribed by the Clerk.
The holder of a purebred license may procure at his or her expense any number of tags imprinted with the same number as the purebred license. One such tag shall be affixed to the collar of each dog pursuant to the purebred license, at all times.
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 ten days of such change, file with the Clerk of the Town in which the dog is licensed 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 in which the dog is licensed 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 so notify the Clerk in which the dog is licensed either prior to renewal of licensure or upon the time of such renewal as set forth by the municipality in which the dog is licensed.
Any person who violates any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth below.
It shall be a violation, punishable as provided in Subsection B of this section, for:
Any owner to fail to license any dog;
Any owner to fail to have any dog identified as required by this article;
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;
Any person to furnish any false or misleading information on any form required to be filed with any municipality pursuant to the provisions of this article or rules and regulations promulgated pursuant thereto;
Fines. For the first offense: $50; for the second offense: $100; for the third offense: $250.