[Amended 12-21-2010 by L.L. No. 3-2010]
A. This §
161-1 is enacted pursuant to the New York Municipal Home Rule Law and the Agriculture and Markets Law to provide for the licensing, identification and control of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of dog licensing function to local municipalities and will eliminate the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue, which is the purpose of this section.
B. This section is enacted pursuant to the provisions of Article 7 of
the Agriculture and Markets Law as amended by Part T of Chapter 59
of the Laws of 2010 and the Municipal Home Rule Law of the State of
New York, as the same may be subsequently amended and supplemented.
C. All words, terms or phrases used herein shall have the meanings indicated
below or as defined in the Agriculture and Markets Law. If no specific
definition is set forth, all words shall have their usual and customary
meaning in the English language. Words used in the present tense include
the future and the plural includes the singular. The word "shall"
is intended to be mandatory.
ANIMAL/DOG CONTROL OFFICER
Any individual appointed by the Chief of Police of the City, the Common Council of the City and/or the Mayor of the City to enforce Article
I of Chapter
161 of the Code of the City.
CITY
The City of Middletown, Orange County, New York.
CLERK
The City Clerk, or Deputy City Clerk, of the City, or his
or her agent.
DOG
Any member of the species Canis familiaris.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this section.
OWNER
Any person who harbors or keeps any dog.
D. Dog licensing requirements, procedures and fees.
(1) License application.
(a)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large or that
is residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or village,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(b)
Application for a dog license shall be made to the Clerk and
shall be accompanied by the appropriate license fee, as specified
below.
(c)
The application shall state the sex, actual or approximate year
of birth, breed, color(s), and municipal identification number of
the dog, and other identification marks, if any, and the name, address,
telephone number, county and residence of owner, and such other information
as deemed necessary by the Clerk.
(d)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(e)
The application shall be accompanied by 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 age or other 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 and file such record with a copy of the
license.
(2) License fees. The fee for a dog license shall be as follows:
(a)
Unspayed/unneutered dog: $23 per year (includes state-mandated
surcharge of $3).
(b)
Spayed/neutered dog: $11 per year (includes state-mandated surcharge
of $1).
(c)
For puppies under four months: $10.
(d)
Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog, as such terms are defined by the Agriculture and Markets Law or by Article
I of this Chapter
161.
(e)
In addition to other applicable fees, any person applying for
a dog license for a dog indentified as unlicensed during an enumeration
shall pay an additional fee of $25. Such additional fee shall be used
to pay the expenses incurred by the City in conducting the enumeration,
if the City conducts such an enumeration. In the event that the additional
fees collected exceed the expenses incurred by the City in conducting
an enumeration in any year, such excess fees may be used by the City
for any other lawful purpose.
(f) In the event any person applying for a dog license has failed to
pay for or renew a dog license for all or part of any prior year,
such person must pay to the City all licensing fees that would have
been due and payable in such prior years along with the licensing
fees due and payable for the current year for which such person is
applying for a dog license. By way of example, if the owner of a dog
applies for a dog license to cover the year from May 1, 2012, through
April 30, 2013, but should have obtained or renewed a license for
that dog for the prior three years and failed to do so, such person
must pay the licensing fees for the year May 1, 2012, through April
30, 2013, as well as the applicable licensing fees for the prior three
years.
[Added 4-3-2012]
(3) Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(4) The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(5) A license shall be renewed after a period of one year beginning with
the first day of the month following the date of issuance. Renewal
shall be for a minimum of one year and shall not exceed three years,
based on the validation term of the rabies vaccination.
(6) 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. The original issued identification tag shall
remain the same for the life of the dog.
(7) No dog can be adopted out of the City's animal shelter without first
obtaining a license from the Clerk.
E. Identification of dogs.
(1) Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
(2) The 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.
(3) At the time a 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 his expense at a fee of $5.
(4) No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
(5) The identification tag shall be imprinted with the words "City of
Middletown" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
F. Change of ownership, lost or stolen dogs. In accordance with the provisions of §
112 of the Agriculture and Markets Law:
(1) In the event of a change in ownership of any dog that has been assigned
an identification number or in the address of the owner of record
of any such dog, the owner of record shall, within ten (10) days of
such change, notify the Clerk.
(2) If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within ten (10) days
of the discovery of such loss or theft, notify the Clerk.
(3) In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
G. Seizure and impoundment. In accordance with §
117 of the Agriculture and Markets Law:
(1) The Animal/Dog Control Officer shall seize:
(a)
Any dog which is not licensed, whether on or off the owner's
premises.
(b)
Any licensed dog which is not in the control of its owner or
custodian or not on the premises of the dog's owner or custodian,
if there is probable cause to believe the dog is dangerous
(c)
Any dog which poses an immediate threat to the public safety.
(d)
Any dog in violation of Article
I of this Chapter
161.
(2) The Animal/Dog Control Officer, when acting pursuant to his or her
special duties, 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 date and hour
of seizure, the municipal identification number of the such dog (if
any), the location where seized, the reason for the seizure and the
owner's name and address, if known.
(3) Each dog seized in accordance with the provisions of this section
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
(4) Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized during which
period the dog may be redeemed by its owner, provided that such owner
produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this section and further provided that
the owner pays the following impoundment fees:
[Amended 7-10-2012; 2-5-2013; 12-17-2013; 10-21-2014; 12-20-2016; 12-4-2018]
(a)
Up to $325 for the first impoundment of any dog owned by that
person.
(b)
Up to $350 for the second impoundment, within one year of the
first impoundment, of any dog owned by that person.
(c)
Up to $375 for the third and subsequent impoundments, within
one year of the first impoundment, of any dog owned by that person.
(5) If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
(6) Prior to releasing a dog to its owner or adopting out a dog, the
Animal/Dog Control Officer shall deliver to the owner a statement
of number of days the dog has been in the shelter and the costs for
any veterinary care, which statement the owner shall take to the Clerk
to whom all fees due and owing for the shelter and veterinary care
shall be paid, together with the impoundment fees and any licensing
fees, whereupon the Clerk shall give a receipt to the owner who shall
then deliver it to Animal/Dog Control Officer, at which time such
dog may be released to owner.
H. Fees can be changed upon Common Council resolution. Any fees charged under this Chapter
161 of the Code of the City, or any penalties imposed under this Chapter
161, may be changed from time to time by resolution of the Common Council of the City.
[Amended 4-3-2012]
All dogs in the City of Middletown, New York,
whether or not tagged or licensed, shall be restrained by a leash
while off the owner's premises, and any dog not so restrained and
found off the owner's premises shall be seized by any peace officer,
Animal Control Officer, Dog Warden or designated representative of
the Commissioner of Agriculture and Markets and held, sold, redeemed
or destroyed in accordance with the provisions of the New York State
Agriculture and Markets Law or this article. In addition, any dog
that is restrained by a leash or other type of restraint while off
the owner’s premises and while in a public area, or in a common
area of a residential or commercial property, or in the public right-of-way,
must be attended and supervised at all times by the owner of the dog
or an agent of the owner, so that such dog does not impede or affect
the safe passage by or presence of members of the public through,
in or over such public area, common area of a residential or commercial
property or the public right-of-way.
No person shall permit his dog to run at large.
A “service dog” is any dog which
has been or is being trained to do work for the benefit of a person
with a disability, provided that the dog is or will be owned by that
person, his or her parent, guardian or legal representative. “Disability”
is now the same definition as used in the Executive Law as a physical, mental or medical impairment resulting
from anatomical, physiological, genetic or neurological conditions
which prevents the exercise of a normal bodily function or is demonstrable
by medically accepted clinical or laboratory techniques or a record
of such an impairment or a condition regarded by others as such an
impairment.
Detection dogs are also now exempt from license
fees. This includes dogs trained and used to detect controlled substances,
explosives, firearms, cadavers, or school or correctional facility
contraband. Search and rescue dogs are also still exempt under the
working search dog classification.
Effective January 1, 2003, any dog which is
trained to aid the emotional and physical health of patients in hospitals,
nursing homes, retirement homes and other settings and is actually
used for such purpose or any dog owned by a recognized training center
located within the state during the period such dog is being trained
or bred for such purpose is exempt from license fees. New York State
recognizes the following two institutes, Therapy Dog International,
Inc., and the Delta Society, as training centers.
Upon probable cause that any provision of this
article has been or is being violated, any law enforcement officer
or the Animal Control Officer of the City of Middletown is hereby
authorized to issue an appearance ticket, on a form prescribed by
the Animal Control Officer, directing the alleged violator to appear
to answer such charge in the Middletown City Court.