Recent amendments to the New York State Agriculture and Markets
Law, enacted pursuant to Part T of Chapter 59 of the Laws of 2010,
provided for two major changes:
A. Transferring the function of dog licensing from the state to local
governments; and
B. Authorizing the New York State Animal Population Control Program
(APCP) to be administered by a not-for-profit entity selected by the
department consistent with New York's Procurement Laws.
This article is authorized pursuant to the provisions of Part
T of Chapter 59 of the Laws of 2010, amending Article 7 of the Agriculture
and Markets Law, and pursuant to the Municipal Home Rule Law of the
State of New York.
The title of this article shall be "Dog License Law."
As used in Chapter
92 of the Code of the Town of Union Vale, the following words shall have the following respective meanings:
CLERK
The Town Clerk of the Town of Union Vale.
DANGEROUS DOG
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
DOG
Male and female, licensed and unlicensed, members of the
species canis familiaris.
DOG CONTROL OFFICER
A person authorized by the Town Board by resolution to enforce
the provisions of this article. The Dog Control Officer shall have
the power to execute the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 126 of the Agriculture and Markets
Law of the State of New York and the service and execution of any
other order of process, to appear and prosecute any matter arising
under this article or Article 7 of the Agriculture and Markets Law.
HABITUALLY
On more than one occasion within a thirty-day period.
IDENTIFICATION TAG (ID TAG)
A tag, issued by the clerk to the owner of a specific dog,
containing a serial number, the name of the licensing municipality
(Town of Union Vale), the state name, the contact phone number for
the clerk's office, and any such other information as the Town
Clerk of the Town of Union Vale may deem appropriate.
OWNER
Any person or entity entitled to claim lawful custody and
possession of a dog and who is responsible for purchasing the license
for such dog unless the dog is, or has been, lost and such loss was
promptly reported to the Town of Union Vale Dog Control Officer or
the Town of Union Vale Town Clerk, and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall be deemed to
include any person or persons, firm, association or corporation who
or which, at any time, owns or has possession, custody or control
of, harbors or otherwise maintains any dog which is kept, brought,
or comes within the jurisdictional boundaries of the Town of Union
Vale. Any person who owns or harbors a dog for a period of one week
prior to the filing of any complaint charging a violation of this
article shall be deemed to be the owner of said dog. If the owner
of any dog is under 18 years of age, the head of the household in
which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of the said dog
in accordance with this article.
RESPONSIBLE PERSON
Any individual, male or female, over the age of 16 years,
other than the owner, who at any time has possession, custody or control
of any dog.
RUN AT LARGE
Any dog which is unrestrained by a leash or other tether
and walks, runs, or roams in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Union Vale.