[Adopted 9-10-1979 by L.L. No. 1-1979; 12-8-2010 by L.L. No. 16-2010 ]
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:
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:
The Town Clerk of the Town of Union Vale.
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
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.
On more than one occasion within a thirty-day period.
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.
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.
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.
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.
The Town of Union Vale.
A.
All dogs aged four months or older, located, owned or harbored in
the Town of Union Vale, unless otherwise exempted, shall be licensed
as herein provided. The owner of each dog required to be licensed
shall obtain, complete and return to the Town Clerk of the Town of
Union Vale a dog license application together with the license application
fee, any applicable license surcharges and such additional fees as
may be established by the Town of Union Vale or otherwise authorized
by the Agriculture and Markets Law. 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. Each license issued shall be valid for a period of
one year or for such other period as authorized by this article. Such
license shall not be transferrable.
B.
The application shall be on forms prepared by the Clerk and shall
contain the following information: name of dog, sex of dog, whether
the dog is spayed or not spayed, neutered or not neutered, actual
or approximate age of dog, the breed of the dog, the primary and secondary
colors of the dog, any identifying markings or tattoos on the dog,
the physical and mailing address of the dog owner and a working phone
number for the owner of the dog. The Town Clerk of the Town of Union
Vale may also require additional information on such application as
deemed appropriate.
C.
Applications for a dog license and/or a renewal shall be submitted
to the Town Clerk of the Town of Union Vale for processing. Subsequent
renewals of dog licenses may be made via regular mail or recognized
overnight delivery service, provided that the renewal application
is accompanied by a statement certified by a licensed veterinarian
stating 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 other reasons the life of the dog or dogs
would be endangered by the administration of vaccine or as otherwise
required by Section 109 of the Agriculture and Markets Law.
D.
The Clerk, at the time of issuing any license pursuant to this section,
shall require the applicant to present 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 old age or other reasons
the life of the dog or dogs would be endangered by the administration
of vaccine.
E.
Rabies certificates shall be honored for either a one-year license
period, two-year license period or a three-year license period as
stated in the veterinarian certificate.
F.
In the case of a spayed or neutered dog, the application for a license
or renewal thereof shall be accompanied by a certificate, signed by
a licensed veterinarian, certifying that the dog has been spayed or
neutered, unless such certificate has already been placed on file
with the Town Clerk.
G.
Dogs will be licensed for one-, two- or three-year license periods. The expiration date will be the last day of the month of issuance, one, two or three years from the date of issue, depending on the length of term chosen by, and paid for by, the owner of said dog except as provided by Subsection H below.
H.
No dog 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.
I.
No dog license shall be issued by a shelter, or any other entity,
on behalf of the Town of Union Vale.
J.
No dog license shall be transferable; upon the transfer of ownership
of any dog, the new owner shall immediately make application for and
obtain a license for such dog.
K.
The Town of Union Vale will not issue purebred or kennel licenses.
All dogs will be licensed individually in accordance with this article.
L.
Dog licenses issued by another agency, municipality or shelter will
not be recognized by the Town of Union Vale. The Town of Union Vale
does not credit unexpired terms of licenses issued by another municipality,
nor does it refund licensing fees for any reason, including, but not
limited to: dogs and dog owners that relocate to a municipality other
than the Town of Union Vale, dogs that are no longer alive, dogs that
are relinquished or transferred to another owner and dogs that are
missing, gone or lost. Notwithstanding the foregoing, any dog harbored
within the Town of Union Vale by a resident of the City of New York
and licensed by the City of New York, or which is owned by a nonresident
of New York State and licensed by a jurisdiction outside of the State
of New York, shall for a period of 30 days be exempt from the licensing
and identification provisions of this article.
M.
The Town Clerk shall provide the dog owner with a copy of the dog
license and retain a copy in the Town Clerk's Office in accordance
with the New York State Archives Records Retention and Disposition
Schedule, MU-1.
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 Town Clerk of the Town of Union Vale
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 Town Clerk of the Town of Union
Vale 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
with the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk of the Town of Union Vale either prior to the renewal
of licensure or upon the time of such renewal as set forth by the
Town of Union Vale.
A.
Each dog licensed in the Town of Union Vale will be issued a serialized
identification tag (ID tag). Such ID tag shall be affixed to the collar
of such dog at all times. Dogs participating in a dog show are not
required to display an ID tag during such participation. The ID tag
shall contain the information set forth in § 92-17F above.
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.
B.
In addition to the license fees established above, each applicant
for a dog license shall pay a surcharge of $1 if the dog to be licensed
is altered, or a fee of $3 if the dog to be licensed is unaltered.
This additional charge is assessed for the purposes of carrying out
animal population control efforts. These surcharge fees will be remitted
by the Town Clerk, on a monthly basis, to the state-designated entity
chosen to oversee the Animal Population Control Fund.
A.
Certified guide dogs, war dogs, police dogs, therapy dogs, service dogs, hearing dogs or detection dogs shall be exempt from any licensing fee. However, the owner of any certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog must maintain a current license in accordance with § 92-18 of this article. Special tags will not be issued for dogs exempt from fees pursuant to this subsection.
B.
The licensing process and fees set forth in this article do not apply
to any wholesale dog breeders licensed with the United States Department
of Agriculture, to any dog confined to the premises of any public
or private animal hospital devoted solely to the treatment of sick
animals, or to any dog confined for the purposes of research at the
premises of any college or other educational or research institution.
A.
It shall be a violation for:
(1)
Any person to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag;
(4)
Any person to furnish any false or misleading information on any
form required to be filed with the Town Clerk of the Town of Union
Vale pursuant to the provisions of this article.
(5)
Any owner of any dog to fail to notify the Town of Union Vale of
any change of ownership or address as required by this article.
B.
The Town of Union Vale may elect to prosecute such violations described
in this section as a violation under the Penal Law or to commence
an action to recover a civil penalty as hereinafter provided.
A.
This article shall be enforced by the Dog Control Officer, any law
enforcement officer, or any peace officer.
B.
The Dog Control Officer, any law enforcement officer, or any peace
officer observing a violation of this article in his or her presence
or having reasonable cause to believe that a person has violated the
provisions of this article, or harbored a dog in violation of this
article, shall issue and serve an appearance ticket for such violation.
The appearance ticket shall be in the form prescribed by the provisions
of § 126 of the Agriculture and Markets Law, as it maybe
amended from time to time hereafter, and this article.
C.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize any unlicensed dog, whether on or off the owner's
premises; any dog not wearing a tag and which is not on the owner's
premises; or any dog found in violation of any provision of this article.
The Dog Control Officer, law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 121
of the Agriculture and Markets Law involving any dangerous dog, as
described in that section, and see that the order of the Town Justice
in such case is carried out.
D.
Any person who observes a dog in violation of this article may file
a complaint, under oath, as that term is defined by the Criminal Procedure
Law, with the Town Justice, stating the nature of the violation, the
date thereof a description of the dog and the name and address of
the residence of the owner of such dog, if known. The Dog Control
Officer, law enforcement officer, or peace officer shall be authorized
to assist any such person in making such a complaint. Such a complaint
may serve as the basis for enforcing the provisions of this article.
A.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize:
(1)
Any dog which has violated any of the provisions of this article
or Article 7 of the Agriculture and Markets Law;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any dog which is not wearing an identification tag, not identified,
and which is not on the owner's premises;
(4)
Any licensed dog which is not in the control of its owner or a responsible
person and not on the premises of the dog's owner or a responsible
person; and
(5)
Any dog which poses an immediate threat to the public health and
safety or otherwise qualifies as a dangerous dog pursuant to the provisions
of the Agriculture and Markets Law.
B.
The Dog Control Officer, any law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to Section
123 of the Agriculture and Markets Law involving any dangerous dog,
as described in said section and shall carry out any order of the
Town Justice of the Town of Union Vale in connection therewith. Any
such dog shall be impounded or taken to such place as may be designated
by the Town Board as a place of detention, until disposition thereof
shall have been made in accordance with the provisions of this article.
C.
Promptly upon seizure, the Dog Control Officer, law enforcement officer,
or peace officer shall issue and serve an appearance ticket on the
dog owner and shall carry out any order of the Town Justice of the
Town of Union Vale or any justice having jurisdiction of the matter.
D.
Each seized dog which is not identified, whether licensed or not,
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 article and further provided that
the owner pays the relevant redemption and impoundment fees in accordance
with this article.
E.
All monies collected as fines or penalties as a result of any prosecution
for violations of the provisions of this article, and all bail forfeitures
by persons charged with such violations, shall be the sole property
of the Town of Union Vale and shall be used only for controlling dogs
and enforcing this article.
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the redemption period, and the dog shall then be made available
for adoption or shall be euthanized pursuant to the provisions of
Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of § 374 of Chapter
59 of the Laws of New York, 2010.
G.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town Justice, Dog Control Officer,
law enforcement officer or peace officer, specifying the nature of
the violation, the date thereof, a description of the dog and the
address, if known, of the owner of such dog. Such complaint is subject
to the Freedom of Information Act. However, all identifying information
pertaining to the complainant shall be redacted prior to the release
of such complaint. Such complaint may serve as a basis for enforcing
the provisions of this article.
A.
The redemption fee for a first offense shall be $50, for a second
offense shall be $100, and for a third and subsequent offence shall
be $200. In addition to the above redemption fees, the redeeming party
shall also pay all costs incurred for kenneling, impoundment and veterinary
care, including such items as required shots.
B.
Any dog seized by the Dog Control Officer, any law enforcement officer,
or any peace officer shall be deemed to be in the control of the Dog
Control Officer and shall continue to be impounded or otherwise held
in accordance with this article and be held by him or her for the
following prescribed time periods:
C.
At any time during the period of redemption, the owner of any dog
seized may redeem such dog, provided that such owner produces proof
that the dog has been licensed and has been identified, provided that
the owner pays all relevant redemption and impoundment fees as set
forth above.
A.
Any person convicted of a violation of this article and/or Article
7 of the Agriculture and Markets Law shall be deemed to have committed
a violation and shall be subject to a fine in the minimum amount of
$50 and a maximum amount of $250.
B.
Every person violating any provisions of this article shall also
be subject to a civil penalty:
