[Adopted 3-9-1981; amended in its entirety 11-23-2010 by L.L. No.
6-2010]
The purpose of this article is to provide for the licensing,
identification and control of dogs within the Town of Salina.
A.
Any dog
harbored within the Town of Salina which is owned by a resident of
the Town of Salina or licensed by the Town of Salina, 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 this article.
B.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation 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 article, the following words shall have the
following respective meanings:
The Agriculture and Markets Law of the State of New York.
Any individual appointed by the Town Board to enforce this
article, who shall have all of the powers of a constable or other
peace officer in the execution of the provisions of this article or
Article 7 of the Agriculture and Markets Law of New York. These powers
shall include the service of any process, including an appearance
ticket, related to any proceeding brought under the provisions of
this article or Article 7 of the Agriculture and Markets Law.
The Town Clerk, or Deputy Town Clerk, of the Town of Salina
or his or her agent.
As defined in A and M Law § 108 therein made and
provided or hereinafter amended.
Any member of the species canis familiaris.
As defined in the A and M Law.
To provide food or shelter to any dog.
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the Town, the
State of New York, contact information, including telephone number
for the town and such other information as the Town deems appropriate.
Any dog carrying an identification tag as provided in this
article.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant to this article or the State of New York (if prior to January 1, 2011), except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 70-8 of this article, the owner shall be deemed to be the owner of record of such dog, 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 such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
The area within the corporate limits of the Town of Salina.
A.
All dogs
harbored within the Town that are four months of age or older, unless
otherwise exempted, must be licensed. No license shall be required
for any dog that is under the age of four months and which 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, or duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association. Licenses shall only be issued or validated
by the Clerk of the Town.
B.
Application for dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as provided for hereinafter
C.
The application shall state the sex, actual or approximate year of
birth, breed, color and municipal identification number of the dog,
and other identification marks, if any, and the name, address, telephone
number, county and town of residence of owner, and such other information
as deemed necessary by the Clerk.
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.
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.
F.
Upon validation by the clerk, the application as described herein
shall be issued. Once an application has been validated, no refund
therefor shall be made. The Clerk shall provide a copy of the license
to the owner and retain a copy in the Town records. Upon request,
the license shall be made available by the Town to the Commissioner
of the New York State Department of Agriculture and Markets for purposes
of rabies or other animal disease control efforts and actions.
G.
Each license issued or renewed shall be valid for a period of one
year and shall not be transferable. Each license shall expire on the
last day of the last month of the period for which they are raised.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog.
The Town shall not issue purebred or kennel licenses.
A.
The fee for a dog license issued pursuant to § 70-4 shall be established by Town Board resolution from time to time hereafter. Where the owner submits a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering, the license fee for the dog shall be the same as for a spayed or neutered dog.
B.
In addition to the license fee established in Subsection A of this section, each applicant for a dog license shall pay such surcharges as set forth in the resolution of the Town Board. Where the owner submits a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering, such dog shall be treated as a spayed or neutered dog for purposes of determining any surcharges.
C.
In addition to the license fee established in Subsection A of this section, and the surcharges described in Subsection B of this section, it is within the Town Board's discretion to assess against each applicant for a dog license an additional surcharge, as set forth by Town Board resolution. The amounts collected through this additional surcharge shall be retained by the Town to defray the cost of an enumeration of dogs living within the Town and the cost of providing replacement identification tags. The Town may also assess an additional fee against any person applying for a dog for a dog identified as unlicensed during an enumeration conducted by the Town.
D.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog or therapy dog, as those terms are defined in § 108
of Article 7 of the New York State Agriculture and Markets Law. Each
copy of any license issued 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.
E.
Any dog owner presenting sufficient proof that such dog owner is
65 years of age or over may be entitled to pay a lower annual license
fee, as set forth by Town Board resolution.
Each dog license pursuant to § 70-4 of this article shall be assigned, at the time the dog is first licensed, a Town 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. 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 and in a manner prescribed by the Clerk.
A.
A dog participating in a dog show shall be exempt from the identification requirement in Subsection A of this action during the participation in such dog show.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the Clerk a written report of such change.
Such owner of record shall be liable for any violation of this article
until such filing is made or until the dog is licensed in the name
of the new owner.
B.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the clerk a written report of such
loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall notify
the Clerk either prior to or upon the time for renewal of the license.
A.
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs;
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article;
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this article or rules and regulations promulgated thereto;
(6)
Any owner of a dog to fail to notify the Town of any change of ownership or address as required by § 70-8 of this article;
(7)
An owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog, if the handling results in harm to another
dog that is a guide, hearing or service dog.
B.
It shall be a violation of the owner of a dog for said owner's
dog:
(1)
To be at large off the owner's premises, except when such dog
is restrained by a leash not exceeding six feet in length;
(2)
To engage in habitual loud barking, crying or whining as to conduct
itself in such a manner as to unreasonably and habitually annoy any
person;
(3)
To cause damage or destruction to property or commit a nuisance by
defecating or urinating upon the premises of a person other than the
owner of such dog.
(4)
While in heat, to be off the owner's premises, whether or not
said dog is at large or restrained by a leash.
C.
A violation, as above, of this article shall constitute an offense
punishable by a fine not to exceed $250.
A.
Seizure of dog.
(1)
The Dog Control Officer or any other peace officer may seize any
dog which:
(2)
Any dog seized pursuant to Subsection A(1) of this subsection shall be taken to such place as may be designated by the Town Board as a place of detention, and there such dog shall be properly fed and cared for until the expiration of the applicable redemption period set forth in § 118 of the Agriculture and Markets Law. In the event that such dog bears a license tag, the person seizing the dog shall, within three days thereafter, ascertain the name of the owner thereof and give said owner immediate notice by serving on said owner, personally or by certified mail, return receipt requested, an instrument, in writing, stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be sold or destroyed unless redeemed within 12 days of the date of the seizure of the dog. If an impounded dog is not redeemed within the applicable redemption period set forth in § 118 of the Agriculture and Markets Law, the owner shall forfeit title to such dog, and it may thereafter be sold or destroyed by the Town.
B.
Appearance tickets. The Dog Control Officer or any peace officer
observing a violation of this article (or by verified complaint filed
by a citizen) is hereby authorized to issue and serve an appearance
ticket for such violation, pursuant to the Criminal Procedure Law,
to the owner of any dog violating any provisions of this article.
The appearance ticket shall be in the form prescribed by said Criminal
Procedure Law. Forms shall appear on all appearance tickets whereby
a person charged with a violation may either admit the violation as
charged on the appearance ticket or deny part or all of the violation
on an appearance ticket issued pursuant to this subsection and may
make an answer to such appearance ticket by certified or registered
mail, return receipt requested, within seven days of the violation
in lieu of a personal appearance on the return date at the time and
court specified in said appearance ticket.
Each dog seized may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and identified pursuant to the provisions of this article; and further provided that the owner pays the applicable impoundment fees as set forth in the then-existing contract between the Town and any incorporated humane society or dog protective association providing pound or shelter services for the Town. These fees are in addition to the fines set forth in § 70-9C.
The Town may proceed as to dangerous dogs in accordance with
§ 118 of the A and M Law therein made and provided and as
may be amended hereafter. The penalties, civil or otherwise, for a
violation of said § 118 of the A and M Law shall also be
as set forth therein.
This article shall become effective on the first day of January,
2011.
