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.
A.
The owner of any dog reaching the age of four months shall immediately
make application for a dog license.
B.
No license shall be required for any dog which is under the age of
four months and which is not at large.
C.
Any dog that resides in the Town for 30 days or more and is more
than four months of age shall be licensed.
D.
Except as otherwise provided in this section, 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.
E.
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 I of this section, a license shall be issued or renewed for a period of one year from the date of said statement.
F.
Application for a dog license shall be made to the Clerk of the Town.
G.
The application shall state the gender, 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
may require additional information on the license if deemed appropriate
by the Town Clerk.
H.
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 state or County of Onondaga upon request for rabies and other animal disease control efforts.
I.
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.
J.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund therefor shall be made.
K.
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.
L.
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.
A.
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.
B.
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 gender, breed, registry name and number
of each purebred registered dog over the age of four months which
is harbored on the premises; and the gender 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.
D.
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.
A.
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 dog, 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.
B.
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.
C.
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.
D.
In addition to the fee charged pursuant to Subsection A of this section, 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 Town 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 offsetting costs associated with the provision and replacement of identification tags pursuant to § 44-7 of this article.
A.
Each dog licensed pursuant to § 44-6 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.
B.
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.
C.
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 their expense at a fee and in a manner
prescribed by the Clerk.
D.
The holder of a purebred license may procure at their 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.
A.
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 of the municipality 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.
B.
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 of the municipality 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.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk of the municipality 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.
A.
The animal control officer or any police officer shall seize any
animal found to be in violation of this article.
B.
Each animal seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
C.
Each animal which is not wearing evidence that it has been licensed by the Town of Manlius shall be held for a period of five days from the date seized, during which period the animal may be redeemed by its owner, provided that such owner produces proof that the animal has been licensed in the Town of Manlius, or, if such animal is required to be so licensed by a village proof of such licensing, and further provided that the owner pays to the Town Clerk the redemption fee set forth in Subsection E below.
D.
Upon seizure of any animal wearing evidence that it has been licensed by the Town of Manlius, the owner of record of such animal, as such owner appears on the records of the Town Clerk, shall be promptly notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal shall be held for a period of five days after the date the notice is personally served, during which period the animal may be redeemed by the owner. If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner. In either case, the owner may redeem such animal during such period upon payment to the Town Clerk of the redemption fee prescribed by Subsection E below and by producing proof, if the animal is required to be licensed in the Town of Manlius, that the animal has a current license.
E.
The redemption fee shall be $50.
F.
An owner shall forfeit title to any animal unredeemed at the expiration
of the appropriate redemption period, and the animal shall then be
made available for adoption, or euthanized subject to the provisions
of Subdivisions 2-a, 2-b, 2-c and 2-d of § 374 of the New
York Agriculture and Markets Law; provided, however, that no animal
in the custody of a pound or shelter shall be delivered for adoption
unless it has been licensed pursuant to the requirements, if any,
of this chapter prior to its release from the custody of a pound or
shelter.
G.
The seizure of any animal shall not relieve the owner from any fees
for seizure or veterinary care or penalty for a violation provided
for by this article or any other provision of this chapter.
H.
No liability in damages or otherwise shall be incurred by the Town
of Manlius or any animal control officer, peace officer or operator
of the location of where the animal is impounded on account of the
seizure, euthanization or adoption of any animal pursuant to the provisions
of this article.
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.
A.
It shall be a violation, punishable as provided in Subsection B 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 or purebred license tag;
(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 any municipality pursuant to the provisions
of this article or rules and regulations promulgated pursuant thereto;
B.
If found guilty of any section of this article the fines shall be
as follows: $50 for the first offense, $100 for the second offense,
$250 for the third offense.
C.
The Town hereby establishes a fee of $15 for the issuance of a summons
to enforce any section of this article.
