[HISTORY: Adopted by the City Council of the City of Saratoga Springs 12-7-2010 by L.L. No. 5-2010. Amendments noted where applicable.]
Dogs and other animals — See Ch. 101.
The purpose of this chapter is to provide for the licensing and identification of dogs in the City of Saratoga Springs.
This chapter shall apply to all dogs in all areas of the City of Saratoga Springs, except those specifically exempted in this section.
Any dog harbored within the City of Saratoga Springs 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 after said dog's arrival to the City of Saratoga Springs be exempt from the provisions of this chapter.
This chapter shall not apply to any dog that is under the age of four months and that is not at large.
This chapter shall not apply to any dog that is confined in a pound or shelter maintained by or under contract or agreement with the state or any City, county, town or village, or duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association.
This chapter shall not apply to any dog confined to a facility devoted to the treatment of sick animals, or to any dog confined for the purposes of research to the premises of a college or educational or research institution, or to any dog confined to the premises of any person or legal entity 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.
As used in this chapter, the following terms shall have the meanings indicated:
- AT LARGE
- Being unaccompanied in a public place or on private property without the consent of the property's owner.
- Any member of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any person authorized by the City of Saratoga Springs to assist in the enforcement of this chapter.
- GUIDE DOG
- Any dog that is trained or in the process of being trained to aid a person who is blind and is used for that purpose.
- HEARING DOG
- Any dog trained or in the process of being trained to aid a person with a hearing impairment and is used for that purpose.
- IDENTIFICATION TAG
- A tag issued by the City of Saratoga Springs which sets forth an identification number, together with the name of the City, the State of New York, contact information, including telephone number for the City, and such other information as the City may deem appropriate.
- Any person or legal entity that harbors or keeps any dog, or is entitled to claim lawful possession of any dog.
- OWNER OF RECORD
- The person in whose name the dog was last licensed in the City of Saratoga Springs, except that if any license is issued on the application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of that person. If it cannot be determined in whose name any dog was last licensed, or if the owner of record has filed a change of ownership statement under § 101A-7 of this chapter, the owner shall be deemed to be the owner of record, 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 that person.
- Any individual or legal entity.
- POLICE WORK DOG
- Any dog harbored and utilized by a federal, state or municipal law enforcement agency.
- SERVICE DOG
- Any dog that is trained or is in the process of being trained to aid a person with a disability, provided that dog will be owned by such person or that person's parent, guardian, or other legal representative.
- THERAPY DOG
- Any dog that is trained or in the process of being trained to aid the emotional and physical health of patients and is used for that purpose.
- WAR DOG
- Any dog that has been honorably discharged from the United States Armed Forces.
- WORKING SEARCH DOG
- Any dog trained to aid in the search of missing persons and is used for that purpose.
All dogs four months of age or older, unless otherwise exempted, shall be licensed. Application for a license shall be made to the City Clerk on forms authorized by the City Clerk.
The owner of the dog shall complete and return the application together with the application fee, any applicable surcharges and any additional fees as may be required by this chapter.
Licenses shall be valid for one year. Each license shall expire on the last day of the month one year from the month the license was issued. Licenses shall not be transferable.
Each license application shall be accompanied either by proof that the dog has been vaccinated against rabies, or, in lieu thereof, by a statement signed by a licensed veterinarian that such vaccination would endanger the dog's life.
Application may be made for a purebred license on forms provided by the City for that purpose.
The license fee for each dog license issued pursuant to this chapter shall be:
Three dollars for each spayed or neutered dog and $12 for each unspayed or unneutered dog, except that this fee shall not be required for any guide dog, working search dog, war dog, hearing dog, police work dog or therapy dog, and any license so exempt from this fee shall be conspicuously marked. Any owner providing satisfactory proof that he or she is over the age of 65 years shall not be required to pay this fee.
Forty dollars for each purebred license for up to 10 dogs.
In addition to any other fees imposed by this section, there shall be an additional surcharge of $1 for each altered dog and $3 for each unaltered dog. Such surcharges shall be remitted to the Department of Agriculture and Markets for deposit in the state animal population control fund under § 117-a of the Agriculture and Markets Law.
Three dollars for each identification tag issued as a replacement for a lost tag.
Each dog licensed pursuant to this chapter shall be assigned, at the time the dog is first licensed, a City 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.
No identification tag shall be affixed to the collar of any dog other than the dog to which it has been assigned.
The holder of a purebred license shall affix a tag bearing the number of the purebred license to the collar of each dog harbored pursuant to the purebred license. Such tags shall be affixed only to the collar of a dog owned by the holder of a purebred license and harbored on that person's premises. Such tags may be removed while a dog is participating in a dog show or similar public exhibition.
In the event of a change in the ownership of any dog licensed under this chapter, or in the change in the address of the owner of record of any such dog, the owner of record shall, within 10 days of the change, file with the City Clerk a written report of the change. The owner of record shall remain liable for any violation of this chapter until the report has been filed or until the dog is licensed in the name of the new owner.
If any licensed dog is lost or stolen, the owner of record shall, within 10 days of the discovery of the loss or theft, file with the City Clerk a written report of the loss or theft. The owner of record shall not be liable for any violation of this chapter committed after the report is filed.
In the event of a licensed dog's death, the owner of record shall notify the City Clerk prior to the time for renewal of licensure.
There shall be one or more dog control officers designated to assist with the enforcement of this chapter.
Every designated Dog Control Officer, and any police officer, shall have the authority to issue appearance tickets pursuant to § 150.20 of the Criminal Procedure Law for violations of this chapter, to serve a summons and to serve and execute any other order or process, including but not limited to appearance tickets, uniform appearance tickets, and simplified information in furtherance of the provisions of this chapter.
Any dog control officer or police officer, when acting pursuant to this chapter, shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the day and hour of seizure, the identification number of the dog, if any, the location where seized, the reason for the seizure, and the owner's name and address, if known.
The City of Saratoga Springs shall have authority at any time to establish a pound or shelter for dogs, or, in lieu of establishing and maintaining such a pound or shelter, the City shall have authority to contract for pound or shelter services from time to time with any other municipality or any humane society or like organization, or to establish a pound or shelter jointly with any other municipality or appropriate organization.
Each dog seized pursuant to this chapter shall be properly sheltered, fed and watered for the redemption period as herein provided.
A seized dog may be redeemed by its owner if the owner produces proof of licensing and identification and pays the impoundment fees required by § 117 of the Agriculture and Markets Law (no longer a cap on these fees — City can decide what to charge).
Any seized dog that remains unredeemed by its owner at the end of the statutory redemption period shall be made available for adoption or euthanized as per the provisions of § 117 of the Agriculture and Markets Law.
It shall be a violation 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 chapter.
Any person to knowingly affix to any dog any false or improper identification tag.
Any person to knowingly furnish false or misleading information on any application form or other form required by this chapter.
Any owner to fail to notify the City of any change of ownership or address as required by this chapter.
Any dog control officer or police officer shall have authority to bring an action against any person or legal entity that has committed a violation of this chapter.
Violations of this chapter shall be punishable by a fine of not less than $25, except that where the person or entity is found to have previously violated this chapter within the preceding five years, the fine shall be not less than $50, and where the person or entity is found to have previously violated this chapter twice or more within the preceding five years, the fine shall be not less than $100.