Town of Haverstraw, NY Dog Licensing

This chapter is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010[1]) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.

[1]

Editor's Note: Chapter 59, Part T, of the Laws of 2010 amended Article 7 of the Agriculture and Markets Law, effective 1-1-2011.

§ 73-3 Purpose.

The Town Board of the Town of Haverstraw, County of Rockland, hereby finds and declares that the purpose of this chapter is to provide for the licensing and identification of dogs.

§ 73-4 Definitions.

All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.

As used in this chapter, the following terms shall have the meanings indicated:

AGRICULTURE AND MARKETS LAW

The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter, and as thereafter amended.

IDENTIFICATION TAG

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.

OWNER

Any person who harbors or keeps any dog or other animal.

OWNER OF RECORD

The person in whose name a dog was last licensed pursuant to this chapter.

PERSON

A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.

RESIDENT

(A person) An individual who maintains a residence within the Town of Haverstraw, County of Rockland, State of New York.

RUN AT LARGE

To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.

TOWN

The Town of Haverstraw, County of Rockland, State of New York.

§ 73-5 License required.

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 Town.

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.

The owner of each dog required to be licensed shall obtain proof of rabies and spay/neutered certificate along with any applicable license surcharges and such additional fees as may be established by the Town.

§ 73-6 Licenses issued by animal shelters and pounds.

Authority of Hi-Tor Animal Care Center, Inc., to issue dog licenses on behalf of the Town: The Town hereby authorizes Hi-Tor Animal Care Center, Inc., acting by its manager, to provide, accept and grant an application for a dog license made by a resident of the Town at the time of the adoption of a dog from Hi-Tor Animal Care Center, Inc. provided that such application is made in accordance with this chapter and the license fee, any additional fee and surcharge shall be remitted to Town Clerk of the Town of Haverstraw within three days in which the application, license fee and additional fee and surcharge was received.

§ 73-7 Grace period for dogs licensed in New York City or outside state.

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 chapter.

§ 73-8 Proof of vaccination against rabies.

Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life in which case vaccination shall not be required.

§ 73-9 Term of license and renewals.

Each license issued pursuant to this chapter 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.

§ 73-10 Fees.

Individual dog license fee.

(1)

For a spayed or neutered dog: $5.

(2)

For an unspayed or unneutered dog: $13.

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.

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.

Fee exemptions.

(1)

There shall be no fee for any license issued for the following:

(a)

Guide dog (as defined in Article 7 of the State Agriculture and Markets Law);

(b)

Hearing dog (as defined in Article 7 of the State Agriculture and Markets Law);

(c)

Service dog (as defined in Article 7 of the State Agriculture and Markets Law);

(d)

War dog (as defined in Article 7 of the State Agriculture and Markets Law);

(e)

Working search dog (as defined in Article 7 of the State Agriculture and Markets Law);

(f)

Detection dog (as defined in Article 7 of the State Agriculture and Markets Law);

(g)

Police work dog (as defined in Article 7 of the State Agriculture and Markets Law);

(h)

Therapy dog (as defined in Article 7 of the State Agriculture and Markets Law).

(2)

Proof of the above exemptions must be submitted in writing.

(3)

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.

§ 73-11 Issuance of license; identification tag.

Upon validation by the Town Clerk of the Town or by the manager of the Hi-Tor Animal Care Center, Inc., 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.

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.

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 in ownership of any dog which has been assigned an official 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 an official 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.

Identification tag.

(1)

The Town Clerk shall assign a Town 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.

§ 73-12 Purebred dog license and fee.

There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with this chapter.

§ 73-13 Penalties for offenses.

A violation of this chapter shall be punishable, subject to such an election, either:

Where prosecuted pursuant to the Penal Law, by a fine of not less than $25, except that:

(1)

Where the person was found to have violated this chapter or former Article 7 of this chapter within the preceding five years, the fine may be not less than $50; and

(2)

Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both; or

Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that:

(1)

When the person was found to have violated this chapter or article within the preceding five years, the civil penalty may be not less than $50; and

(2)

Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.

§ 73-14 Repealer; conflict with other provisions.

This chapter 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 effectiveness of this chapter, null and void.

§ 73-15 Severability.

The provisions of this chapter 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 part of this chapter.

§ 73-16 Effective date.

This chapter shall be effective January 1, 2011, after filing with the Secretary of State.