A.
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Colden shall be required to have the dog vaccinated
to prevent the spread of rabies, except that a rabies vaccination
is not required for a dog whose health would be adversely affected
by a rabies vaccination, provided that a written statement, certified
by a duly licensed veterinarian, specifying such condition is presented
to the Dog Control Officer or the Town Clerk and filed with the Town
Clerk's office.
B.
Any person owning, possessing or harboring a dog, who fails or refuses
to submit the dog for vaccination within 10 days after request by
the Dog Control Officer or Town Clerk shall be in violation of this
chapter. The Town Clerk or Assistant Town Clerk shall advise the Dog
Control Officer of such violation for purposes of enforcement of the
required rabies vaccination.
Any person who resides a minimum of six months in the Town of
Colden who owns, possesses or harbors a dog four months of age or
over in the Town of Colden shall obtain a current license for said
dog and shall place and keep on such dog a collar to which shall be
securely attached a valid identification tag for that dog, in accordance
with the requirements of this chapter.
A.
No license is required for any dog under the age of four months and
which is not at-large.
B.
The owner of one or more purebred dogs registered by a recognized
registry association may annually make an application for a purebred
license in addition to the individual licenses required by this chapter.
The purebred license shall be valid for a period of one year beginning
with the first day of the month following the date of issuance and
shall be renewable annually thereafter prior to the expiration date.
A.
Applications for a license or renewal thereof shall be accompanied
by a nonrefundable license processing fee, the amount of which shall
be adopted annually or at any other time as determined by resolution
of the Town Board
(1)
A guide dog, hearing dog, service dog, working search dog, war dog,
detection dog, police work dog or therapy dog shall be exempt from
a license processing fee, provided that the owner of the dog provides
adequate proof in the form of a training certificate or other documentation
deemed appropriate by the Town Clerk or Dog Control Officer.
B.
Applications for a license or renewal thereof shall be accompanied,
in addition to the nonrefundable processing fee, by a nonrefundable
surcharge that will be deposited in the New York State Animal Population
Control Fund pursuant to Article 7 of the New York State Agriculture
and Markets Law. Such surcharge, the amount of which shall be adopted
annually or at any other time as determined by resolution of the Town
Board, shall be at least $1 for altered dogs and $3 for unaltered
dogs in accordance with § 110 of the New York State Agriculture
and Markets Law.
C.
Applications for a license or renewal thereof of a dog identified
as unlicensed during an enumeration conducted pursuant to Article
7 of the New York State Agriculture and Markets Law shall pay an additional
fee the amount of which shall be adopted annually or at any other
time as determined by resolution of the Town Board.
D.
An application for a license or renewal shall be in the form prescribed
by the Town Clerk and shall provide for the following minimum information:
(1)
The name, residence address, mailing address and telephone number
of each owner;
(2)
The name, sex, approximate age or year of birth, breed, color, markings
and other identifying details of the dog;
(3)
Whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this chapter.
E.
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof, a statement certified by a licensed veterinarian that because
of the dog's age or other reason, the life of the dog would be
endangered by the administration of the rabies vaccine.
F.
In the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian or a sworn affidavit
signed by the owner in the form acceptable to the Town Clerk showing
that the dog has been spayed or neutered, except that such certificate
or affidavit is not required if 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
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 an
altered dog.
G.
If any license is issued on an 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.
A.
Upon validation by the Town Clerk or authorized dog control officer,
a dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license can not be transferred to another dog.
C.
Identification tag.
(1)
The Town Clerk shall assign identification number to a dog when it
is first licensed. Such identification number shall be carried by
the dog on an identification tag which shall be affixed to the collar
of the dog at all times.
(2)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(3)
Any person wishing to replace a tag previously issued shall pay to
the Town Clerk a sum to be determined by resolution of the Town Board
for a replacement tag.
All licenses issued pursuant to this chapter, and any renewal
thereof, shall expire on the last day of the month of the period for
which they are issued, except that no license or renewal 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. In the event an applicant for a license or
renewal presents a statement certified by a licensed veterinarian,
in lieu of a rabies certificate, then the license or renewal shall
be issued for one year from the date of the statement.
A.
Change in owner or address. In the event of a change in ownership
of any dog which has been licensed pursuant to this chapter or change
of address of the owner of record of any dog, the owner of record
shall, within 10 days of the change, file with the Town Clerk a written
notification of such change. Such owner of record shall be liable
for any violation of this chapter until such filing is made or until
the dog is licensed in the name of the new owner.
B.
Lost or stolen dog. If any dog which has been licensed is lost or
stolen, the owner of record shall, within 10 days of discovery of
such loss or theft, file with the Town Clerk a written notification
of such event. In the case of loss or theft, the owner of record of
any such dog shall not be liable for any violation of this chapter
committed after such report is filed.
C.
Death of dog. In the case of the death of a licensed dog, the owner
of record shall notify the Town Clerk of the dog's death either
before or upon receipt of a dog license renewal notice from the Town
Clerk.
A.
Whenever the governing body of any municipality shall determine that
deer population in the municipality or part thereof is suffering severe
depredation due to dogs attacking, chasing or worrying deer, such
governing body may by order require that all dogs in such municipality
or part thereof shall be securely confined during the period of time
designated in the order or, if no time is designated, until the order
is revoked.
B.
Notice of such order shall be given by publication in a newspaper
or newspapers of general circulation in said municipality which shall
be designated by such governing body and by filing a copy of the order
in the office of each Clerk in the area affected by such order. Such
order shall be in full force and effect at the expiration of 24 hours
following publication of such notice.
C.
If any dog is not confined as required by such order, any dog control
officer, peace officer acting pursuant to his special duties or police
officer shall seize such dog. A dog shall not be deemed to be in violation
of such order if accompanied by and under the full control of the
owner.
D.
If any dog which is not confined as required by such order shall
attack, chase or worry any deer, any dog control officer, peace officer
acting pursuant to his special duties or police officer, upon witnessing
the same, shall destroy or seize and destroy such dog, and no liability
in damages or otherwise shall be incurred on account of such destruction.
E.
If any dog shall kill or cripple any deer, the owner shall be subject
to a civil penalty in the amount of $100 for the first deer killed
or crippled by the dog or by the pack of dogs, if any, of which the
dog was a member, and in the amount of $150 for each additional deer
killed or crippled, to be recovered in an action brought by the Commissioner
of Environmental Conservation on behalf of the people of the State
of New York.
F.
This section and any order issued pursuant thereto shall not apply
to dogs in special dog training areas or shooting preserves enclosed
and licensed pursuant to the provisions of the Environmental Conservation
Law while such dogs are under the control of the owner or trainer.
A.
Each county shall be liable for damage done within the county by
dogs to domestic animals, including such veterinary fees and costs
as may arise from such damage or injury. Indemnification therefor
shall be made in the manner provided by this section. Such indemnification
shall not exceed the actual damage. In no event shall indemnification
exceed:
(1)
For each animal in the case of horses or cattle: $800.
(2)
For each domesticated fowl, duck, goose, swan, turkey, pheasant or
other bird which is raised in confinement under license from the State
Department of Environmental Conservation, before release from captivity,
and confined domestic hare or rabbit: $15.
(3)
For any other domestic animal as defined in Article 7 of the Agriculture
and Markets Law: $100.
(4)
For each animal in case of registered purebred dairy and beef cattle
or of purebred dairy and beef cattle eligible for registration and
less than one year of age: $1,000.
(5)
For each animal in the case of each registered purebred sheep, goat
or swine or purebred sheep, goat or swine eligible for registration
and less than one year of age: $250.
B.
No indemnification shall be paid for fowl of the varieties commonly
used for cockfights.
C.
The name of the owner of the dog causing the damage, if known, shall
be reported to the financial officer of the county, and such owner
shall be liable to the county in reimbursement for any amounts paid
by the county for such indemnification, in an action to be brought
in the name of the county by the financial officer of the county or
the County Dog Control Officer in a court of competent jurisdiction.
D.
The owner of a domestic animal injured or killed as a result of being
attacked, chased or worried by any dog shall, immediately upon the
discovery of such injury or death, notify the nearest Assessor of
the city or town where the damage was done of the fact of such injury
or death and that the owner claims indemnity therefor and requires
that the damage be determined. The Assessor, or any other individual
designated in writing by the governing body of the city or town, shall
immediately inquire into the matter and shall examine the animal injured
or killed and, if he deems it necessary, shall examine witnesses in
relation thereto. If the Assessor or designated individual is satisfied
that the injuring or killing of the animal was caused by a dog and
that the owner of the animal had taken reasonable precautions to prevent
the damage done, the Assessor or designated individual shall determine
the amount of the damage apparent at the time and make a report of
the amount of damages; provided, however, that if the amount of damage
is determined by the Assessor or designated individual to be more
than $400, the Assessor or designated individual shall immediately
give notice of the claim to all the other Assessors or designated
individuals, if any, of the city or town, or a majority of them, who,
shall, within three days, inquire into the matter and make a report
in the manner provided above. The report shall be promptly filed with
the financial officer of the county and the Commissioner and a copy
provided to the claimant.
E.
The governing body of any county may establish by local law a procedure
for reviewing the decision of the Assessor or designated individual.
If a procedure has been established, the claimant or financial officer
of the county may, within 20 days after the receipt of the report
of any assessor or designated individual, if dissatisfied with the
amount of the damages stated therein, request a review pursuant to
the procedure established by the governing body of the county. The
decision after review shall be in writing, and copies thereof shall
be mailed to the financial officer of the county, the claimant and
the Commissioner.
F.
In the event that the county shall not have established a procedure
for review of the decision, such review shall be made by the Commissioner.
Upon receipt of such request, the Commissioner shall cause an investigation
to be made of the alleged attack upon the claimant's domestic
animal, the facts surrounding such attack and the amount of damage
incurred thereby for which indemnification should be made in accordance
with the intent of this section. The claimant shall permit the Commissioner
or his authorized representative to enter the premises on which the
attack is alleged to have been made and shall furnish to the Commissioner
or his representative whatever information and proof may be available
to the claimant and may be deemed necessary by the Commissioner or
his representative to complete the investigation. Upon completion
of the investigation, the Commissioner shall decide whether the attack
was in fact made by a dog upon a domestic animal, as defined in Section
108 of Article 7 of the Agriculture and Markets Law, and whether the
owner had taken reasonable precautions to prevent the damage done
and, if he so finds, shall either confirm or deny the determination
of the Assessor or designated individual or modify it as may appear
proper and adequate in view of the facts. The decision of the Commissioner
shall be in writing, and copies thereof shall be mailed to the financial
officer of the county and the claimant.
G.
After the expiration of 20 days from the filing of the Assessor's
or designated individual's report with the financial officer
of the county, such officer shall mail to the claimant a certificate
of indemnity due to the claimant; provided, however, that in those
counties where a review procedure has been established and a request
for a review has been presented, such certificate shall be mailed
to the claimant upon the filing of a copy of the decision, after review,
with the county financial officer. The financial officer shall retain
a copy of the certificate and shall mail a copy to the Commissioner.
H.
If, subsequent to the determination of damage, it develops that damage
which was not apparent at the time of determination was caused to
any domestic animal, a supplemental notice of claim for such damage
shall be promptly given by the claimant upon discovery thereof to
the Assessor at any time within six months after the discovery of
the original damage. Such notice shall set forth the facts upon which
the additional claim was based. The same proceedings shall thereupon
be had as upon the original claim.
I.
The amount of the damage determined as hereinbefore provided shall
be paid by the financial officer of the county of the claimant, upon
presentation of the aforesaid certificate, from the funds received
by such officer and, if such funds shall be insufficient therefor,
then from such other funds as shall be raised by the county governing
body in the manner that funds are raised to pay other county charges.
J.
These rates are subject to state law, and fees shall be based upon
current state law.
A.
The following fees and costs established for impoundment of dogs
under § 117 of the New York State Agriculture and Markets
Law:
(1)
For the first impoundment of any dog owned by a person or entity:
$25.
(2)
For the second impoundment of any dog owned by the same person or
entity within one year of the first impoundment: $50.
(3)
For the third impoundment of any dog owned by the same person or
entity within one year of the second impoundment: $75.
(4)
An additional $25 for each and every additional impoundment within
one year of a prior impoundment of any dog owned by the same person
or entity so that the total fine for the impoundment of dogs owned
by the same person or entity during any one-year period would be $25
for the first impoundment, $50 for the second impoundment, $75 for
the third impoundment, $100 for the fourth impoundment, and so on.
(5)
In addition to the fines described herein, the owner of any impounded
dog will be required to pay $20 for each 24 hours or part thereof
that said dog is impounded.
B.
Said owner shall pay all impoundment fees to the Supervisor and shall
produce a receipt for such payment to the Dog Control Officer before
such dog shall be released to said owner. In addition to impoundment
fees any licensing fees which are required under this code shall be
paid to the Town Clerk prior to the release of the dog to its owner.
A.
Each dog seized or impounded by the Dog Control Officer of the Town
of Colden, under the authority of the New York State Agriculture and
Markets Law, that requires veterinary treatment for either injuries
or sickness shall receive such veterinary care when such care is necessary
in the judgment of the Dog Control Officer.
B.
The owner of such dog shall pay for said veterinary fees in addition
to the impoundment fees upon redemption of the dog or, if said dog
is deceased, not later than 30 days after said veterinary care is
rendered and the owner notified in writing of such amount.
C.
If such amount is not paid within 30 days after written notification,
the Town shall proceed to collect the amount in a civil action in
the Town of Colden Justice Court.
