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Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[Adopted 9-15-2008 by L.L. No. 8-2008, amended in its entirety 11-8-2010 by L.L. No. 5-2010]
A. 
No person shall own or harbor a dog unless it is licensed pursuant to this article. Licenses shall not be required for dogs:
(1) 
Under the age of four months which are not at large.
(2) 
Possessing a valid purebred license as provided by Subsection F of this section.
(3) 
Confined to the premises of an animal shelter or incorporated societies devoted to the care or treatment of lost, strayed or homeless animals.
(4) 
Confined to the premises of a college, educational or research institution for purposes of research.
B. 
Every person owning or harboring a dog not exempted by Subsection A of this section shall make an annual application for a license to the Town of Wheatfield Town Clerk; further:
(1) 
The application shall state the sex, actual or approximate year of birth, breed, color(s), and official identification number of the dog, and other identification markers, if any, and the name, address, telephone number, and county and town of residence of the owner.
(2) 
A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance, provided that no license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. All licenses shall expire on the last day of the last month of the period for which they are issued.
(3) 
An applicant for a license must present to the Clerk a statement certified by a licensed veterinarian showing that the dog has been vaccinated to prevent rabies, or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or another reason, the life of the dog would be endangered by the administration of vaccine.
(4) 
In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or another reason, the life of the dog would be endangered by spaying or neutering.
(5) 
Except as hereinafter provided, the applicant shall pay to the Town of Wheatfield Clerk at the time of making the application the current fees as charged by the Town of Wheatfield, as established by resolution of the Town Board from time to time. There shall be a reduced charge for a license issued for any dog owned by a senior resident, at least 65 years of age, as established by resolution of the Town Board from time to time.
(6) 
If the application shall disclose and the Clerk is satisfied that the dog for which the license is sought is either a guide dog trained to aid the blind or a hearing dog trained to aid the deaf or a service dog and actually is in use for such purpose or is owned by a recognized guide dog, hearing dog or service dog training center located within the state during the period such dog is being trained or bred for such purpose, or a so-called "war dog" honorably discharged from any K-O section of the United States Armed Forces, or a so-called "police work dog" trained to aid law enforcement officers and is actually being used for police work purposes, the license shall be issued without the payment of any fee, and the Clerk shall inscribe across the face of the license, in red, the words "guide dog," "hearing dog," "service dog," "war dog" or "police work dog," as the case may be.
(7) 
Upon validation by the Clerk, the application shall become a license for the dog described therein.
(8) 
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.
C. 
No license shall be transferrable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issue identification tag shall remain the same for the life of the dog.
D. 
If any dog is duly licensed in any other jurisdiction in accordance with the governing law therein, such dog shall be considered licensed under this article. Any person owning or harboring such dog may be required to provide proof of license upon request. Upon such license's expiration, any person owning or harboring a dog shall be subject to the requirements of this article.
E. 
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent official identification number; further:
(1) 
Such identification number shall be carried by the dog on an identification tag which shall be securely affixed to a suitable collar on the dog at all times, unless the dog is participating in a dog show.
(2) 
The official 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. A replacement tag may be obtained from the Clerk upon the owner's payment of a fee as established by the Town Board by resolution from time to time.
(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 Town of Wheatfield," a unique identification number, and the telephone number of the Town Clerk's office.
F. 
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article.
(1) 
In addition to the information required by Subsection B(1) of this section, the application for a purebred license shall state the registry name and number of each purebred registered dog over the age of four months which is harbored on the owner's premises and a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
(2) 
Upon receipt of the application, the Clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license.
(3) 
No purebred license shall be transferrable. 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.
G. 
When the Town Board determines the need for a dog enumeration, a fee established by the Town Board by resolution from time to time will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.
H. 
In the event of a change of ownership of any dog which has been assigned an official identification number, or a change in the address of the owner, the owner shall, within 10 days of such change, notify the Clerk.
I. 
If any dog which has been assigned an official identification number is lost or stolen, the owner shall, within 10 days of the discovery of such loss or theft, notify the Clerk.
J. 
In the case of a dog's death, the owner shall so notify the Clerk either prior to renewal of license or upon the time of such renewal.
Any person owning or harboring any dog in violation of this article shall be deemed to have committed a violation against this article and, upon conviction therefor, such violation shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.