[HISTORY: Adopted by the Town Board of the
Town of Jerusalem as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-15-2010 by L.L. No. 1-2011]
This article shall be known and may be cited as the "Dog Licensing
Law" of the Town of Jerusalem.
All dogs in the Town of Jerusalem, unless otherwise exempted
by New York State Agriculture and Markets Law, must be licensed by
the Town Clerk of the Town of Jerusalem within four months of the
birth of the dog.
A. The owner of each dog required to be licensed shall, for new applications
and renewal applications, obtain, complete and return to the Town
Clerk:
(1) A dog license application;
(2) The license application fee;
(3) Any applicable license surcharges;
(4) Such additional fees as may be established by the Town Board of the
Town of Jerusalem;
(5) 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;
(6) In the case of a spayed or neutered dog, a certificate signed by
a licensed veterinarian or an affidavit signed by the owner, showing
that the dog has been spayed or neutered, provided that such certificate
or affidavit shall not be required if the same is already on file
with the Town Clerk. In lieu of the spay or neuter certificate, an
owner may present 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 stated reason, the life of the dog would be endangered
by spaying or neutering. In such case, the license fee for the dog
shall be the same as for a spayed or neutered dog.
B. In this article, the term "owner" shall include any person who harbors,
keeps or has custody, care or control of a dog. Dogs owned by minors
shall be deemed to be in the custody and control of the minor's
parent or other head of the household where the minor resides. Any
person harboring a dog for a period of one week or more shall be presumed
to be the owner of the dog for the purpose of this article.
Each dog licensed pursuant to this article shall be assigned,
at the time the dog is first licensed, a municipal 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. No tag carrying an identification number shall be affixed
to the collar of any dog other than the dog to which that number has
been assigned.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
Any license issued pursuant to this article shall not be transferable.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a new license for such dog.
The Town of Jerusalem will issue purebred licenses. The Town
Clerk may provide a license, at licensee's expense at the established
rate. No tag will be issued for purebred dogs covered by a purebred
license, and no such dog is required to have a tag affixed to its
collar.
The Town of Jerusalem will not issue a special tag for identifying
any guide dog, service dog, hearing dog or detection dog.
The fees and surcharges for issuing dog licenses shall be fixed
by resolution of the Town Board. Such fees and surcharges may from
time to time be changed as the Town Board may determine. These fees
and surcharges may include:
A. The license fee for a spayed or neutered dog;
B. The license fee for an unspayed or an unneutered dog (such fee having
to exceed the fee for a license for a spayed or neutered dog by such
amount as mandated by the New York State Agriculture and Markets Law);
C. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Jerusalem, a surcharge for the issuance
of a purebred license (Such surcharge shall be, at a minimum, such
amount as mandated by the New York State Agriculture and Markets Law.)
for the purposes of carrying out animal population control efforts
as provided in the New York State Agriculture and Markets Law;
D. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Jerusalem, a surcharge if the dog
to be licensed is altered (Such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law.);
E. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Jerusalem, a surcharge if the dog
to be licensed is not altered (Such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law.);
F. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Jerusalem, a surcharge to recover
and defray the cost of an enumeration of dogs living within the Town
of Jerusalem.
G. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Jerusalem, a surcharge offsetting
costs associated with the provision and replacement of identification
tags.
A. Excepted from payment of the license fee are applications submitted
for a dog license for any of the following dogs, provided reliable
written documentation is provided with such application that certifies
such dog as being any of the following:
B. A dog participating in a dog show within the Town of Jerusalem shall be exempt, during such participation only, from the requirement, contained in §
56-4 and, if applicable, §
56-4.3 of this article and in § 111, as amended, of the New York State Agriculture and Markets Law, of wearing its identification tag.
C. Any dog harbored within the Town of Jerusalem that is owned by a
nonresident of New York State and licensed by a jurisdiction outside
the State of New York or owned by a resident of New York City or licensed
by the City of New York, shall be exempt from the licensing and identification
provisions of this article for a period of 30 days.
A violation of this article shall be punishable by:
A. A fine of $25 for a first violation;
B. A fine of $50 for a second violation within five years of the first
violation; and
C. Where the person was found to have committed two or more such violations
within the preceding five years, either a fine of $100 or imprisonment
for not more than 15 days, or both.
This article shall be known as the "Jerusalem
Dog Control Ordinance."
The purpose and intent of this article shall
be to preserve the public peace and good order in the Town of Jerusalem
and to contribute to the public welfare and the preservation and protection
of the property and the person of the inhabitants of said Town by
declaring and enforcing certain regulations and restrictions on activities
of dogs and owners of dogs within the Town.
It shall be unlawful for any owner of or any
person harboring any dog in the Town of Jerusalem to permit or allow
such dog to:
A. Run at large unless accompanied by its owner or a
responsible person able to control the animal. For the purposes of
this article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as accompanied by its owner.
B. Engage in habitual loud howling or barking or to conduct
itself in such manner so as to habitually annoy any person other than
the owner or person harboring such dog.
C. Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such a dog.
D. Bite, chase or otherwise harass any person in such
a manner as is reasonable to cause intimidation or to put such person
in reasonable apprehension of bodily harm or injury.
E. Habitually chase or bark at motor vehicles.
It shall be unlawful to keep more than four
animals, four months of age or older, on any premises, regardless
of the number of owners, unless there is a purebred license for that
premises or the premises had more than four licensed dogs prior to
November 1, 1988.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to the premises of such person
during such period.
A Dog Control Officer to be designated by the
Town Board as provided by § 114 of the Agriculture and Markets
Law may enforce the provisions of this article and may also
investigate and report to a Justice of the Peace of the Town of Jerusalem
any dangerous dog as described in § 121 of the Agriculture
and Markets Law and see that the order or orders of the Justice of the
Peace in such case are carried out.
Any peace officer or the Dog Control Officer
of the Town shall seize any dog found at large not wearing the license
tag required by Article 7 of the Agriculture and Markets Law of the
State of New York.
Any person who observes a dog causing damage or destruction to property of a person other than its owner, committing a nuisance upon the premises of a person other than its owner or in violation of §
56-7B of this article may file a signed complaint, under oath, with a Justice of the Peace of the Town of Jerusalem specifying the objectionable conduct of the dog, the date thereof, the damage caused or violation, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Justice of the Peace of
any complaint, in writing, against the conduct of any particular dog,
the Justice of the Peace must summon the alleged owner or other person
harboring said dog to appear in person before him; if the summons
is disregarded, the Justice must permit the filing of an information
and issue a warrant for the arrest of such person.
A. Every dog seized shall be properly fed and cared for
at the expense of the Town of Jerusalem until disposition thereof
as herein provided and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York.
B. If the dog seized bears a license tag, the Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice by personally serving such owner or an adult member of his
family with a notice, in writing, stating that the dog has been seized
and will be destroyed unless redeemed as herein provided.
C. The owner of a dog so seized may redeem the dog within
seven days, except that the owner of a dog bearing a license tag may
redeem the dog within 12 days by paying to the Town Clerk the reasonable
cost of feeding and caring for such dog and the sum of $5 as the cost
of the seizure.
D. If not so redeemed, the owner shall forfeit all title
to the dog, and the dog shall be sold or destroyed by the Dog Control
Officer. In the case of sale, the purchaser must pay the purchase
price to the Town Clerk and obtain a license for such dog. The Dog
Control Officer who destroys a dog shall immediately dispose of the
carcass and make a written report of such destruction and disposition
to the Clerk, who shall keep a record thereof.
[Amended 12-29-1992 by L.L. No. 3-1992]
Any person who violates this article or knowingly
permits the violation of this article or of any of the provisions
thereof shall be deemed to have committed an offense against this
article, and any person convicted of any such violation after investigation
and hearing shall be liable to a fine of not more than $25, except
that, where the person was found to have violated this article or
Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine may be not more than $50; where the person was
found to have committed two or more such violations within the preceding
five years, such person shall be punishable by a fine of not more
than $100 or imprisonment for not more than 15 days, or both.