[Adopted 7-16-1998 by L.L. No. 3-1998; amended in its entirety 12-16-2010 by L.L. No. 5-2010]
Editor's Note: This local law also provided that it would take effect 1-1-2011.
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 article 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.
- 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 article.
- A person, partnership, corporation, association, or other organized group of persons, business entity, municipality, or other legal entity.
- A person who maintains a residence within the Town of Ghent, County of Columbia, 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.
- The Town of Ghent, County of Columbia, State of New York.
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 the 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, 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. If the Town Clerk is unavailable, the Town Dog Control Officer is also authorized to issue dog licenses and shall have all of the powers and authority of the Town Clerk in this regard. In the case where a license is issued by the Dog Control Officer, said Dog Control Officer shall as soon as practicable thereafter file all relevant documents regarding such license with the Town Clerk.
Any dog harbored within the Town that is owned by a resident of a city having a population of over 2,000,000 people and licensed by such city, or that 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. However, any such resident shall be required to obtain a license for any such dog prior to the end of said thirty-day period in accordance with the 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 licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required.
Each license issued 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.
Individual dog license fee. The Town Board is hereby authorized to establish the fees for a dog license issued pursuant to this article pursuant to a resolution which the Town Board may adopt from time to time, and the Town Board shall further be authorized to amend or change any such fees pursuant to subsequent resolution.
State-mandated animal population control surcharge. 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. 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.
Unlicensed dog surcharge. Each dog found to be unlicensed by the Town's Dog Control Officer in violation of this article shall be subject to an unlicensed dog surcharge of $10, payable at the time the application is filed to license said dog.
Replacement tag fee. A replacement tag fee of $11 shall be charged to offset the costs associated with the provision and replacement of identification tags.
Fee exemptions. There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, or therapy dog, each as defined in Article 7 of the State Agriculture and Markets Law. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk. The owner shall show proper documentation to the Town Clerk to confirm the proper certification for any such dog.
Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or a representative 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. An existing license cannot be transferred to another dog.
Change of ownership; lost or stolen dogs.
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The originally issued identification tag shall remain the same for the life of the dog.
In the event of a change in ownership of any dog that 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.
If any dog that 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.
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.
The Town Clerk shall assign a permanent, official Town identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag that shall be affixed to the collar on the dog at all times.
An identification tag is not required to be worn while the dog is participating in a dog show.
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.
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.
There will not be distinct purebred licenses as previously provided for by state law. Any and all holders of existing purebred licenses will now be required to comply with the provisions of this article.
[Amended 8-2-2012 by L.L. No. 6-2012]