Town of Ontario, NY Article III Dog Licensing

[Adopted 12-10-1984 by L.L. No. 2-1984; amended in its entirety 12-15-2010 by L.L. No. 2-2010]

§ 62-19 Title.

This article shall be known as the "Dog Licensing Law of the Town of Ontario, New York."

§ 62-20 Purpose.

The purpose of this article is to provide for the licensing and identification of dogs.

§ 62-21 Definitions.

As used in this article, the following terms shall have the meanings indicated. All terms not specifically defined herein shall have the meaning assigned to such terms within New York State Agriculture and Markets Law § 108 and Article II of Chapter 62 of the Code of the Town of Ontario.

HARBOR

To provide food or shelter to any dog.

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 OF RECORD

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

§ 62-22 Dog licensing and identification.

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 this article.

A. 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.

B. 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 article.

C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk 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.

D. 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.

E. 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.

F. 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 successor thereof.

G. Identification tags.

(1) 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 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 Town 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) The dog license for any guide, hearing, service, war, working search, detection, police or therapy dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog," "Working Search Dog," "Detection Dog," "Police Dog," or "Therapy Dog," as may be appropriate, by the Town Clerk.

H. Change of ownership; lost or stolen dogs.

(1) Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. The original issued identification tag shall remain the same for the life of the dog. A license cannot be transferred to another 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 ten 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.

§ 62-23 Purebred dog license.

A. The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law § 108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article. A purebred license shall be valid for a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.

B. The purebred license application shall state the name, address and telephone number of the owner; the county and town where such dogs 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.

C. The application shall be accompanied by the license fee prescribed by this Article and a certificate of rabies vaccination or statement in lieu thereof, as required by this Article and Article 7 of the New York State Agriculture and Markets Law.

D. Upon receipt of the foregoing items, the Town Clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once a purebred license has been issued, no refund therefore shall be made.

E. The Town Clerk shall:

(1) Provide a copy of the purebred license to the owner; and

(2) Retain a record of the purebred license in the office of the Town Clerk.

F. No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of this article, except when the new owner holds a valid purebred license.

§ 62-24 License fees established.

Pursuant of Article 7 of the Agriculture and Markets Law of the State of New York, as amended, the applicant for a dog license shall pay to the Ontario Town Clerk at the time of making application the following:

A. A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each spayed or neutered dog.

B. A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each unspayed or unneutered dog, which shall be at least $5 more than the sum specified in Subsection A above.

C. In addition to the dog license fee established by this article, each applicant for a dog license shall pay a state Dog Population Control Fund surcharge of $1 for a spayed or neutered dog, or a fee of $3 if the dog sought to be licensed is unspayed or unneutered.

D. Purebred license fees. The fees for each purebred license are as follows:

(1) A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each purebred license if no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;

(2) A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each purebred license if no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;

(3) A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each purebred if more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;

(4) Each purebred license shall be subject to an Dog Population Control Fund surcharge in the amount of $3, payable at the time the purebred dog license application is filed.

(5) A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each purebred license identification tag issued pursuant to this article.

E. Each dog found to be unlicensed during a Town dog enumeration shall be subject to a dog enumeration surcharge of a sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk payable at the time of the application is filed to license said dog.

F. 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 to the Town Clerk the sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for a replacement tag.

G. Notwithstanding the other provisions of this Article, no license fees shall be paid for applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police or therapy dogs.

§ 62-25 Penalties for offenses.

Any violation of this law may be prosecuted either as a violation, as defined by the New York Penal Law, or as a civil offense. Such violation shall be punishable as follows:

A. Where prosecuted as a violation, by a fine of not less than $25, nor more than $250, or by imprisonment for not exceeding 15 days, or both such fine and imprisonment, except that where the person was found to have violated this law or Article 7 of the New York Agriculture and Markets Law in the preceding five years, the fine shall not be less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the fine shall not be less than $100.

B. Where prosecuted as a civil offense, by a civil penalty of not less than $25, except that where the person was found to have violated this law or Article 7 of the New York Agriculture and Markets Law in the preceding five years, the civil penalty shall be not less than $50 and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty shall be not less than $100.