Town of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Paltz 12-16-2010 by L.L. No. 8-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Dog Control — See Ch. 62.

§ 63-1 Title.

The title of this chapter shall be "Dog Licensing, the Town of New Paltz, County of Ulster."

§ 63-2 Legislative authority.

This chapter is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L.2010, c. 59, Part T, and the Municipal Home Rule Law of the State of New York.

§ 63-3 Purpose.

The Town Board of the Town of New Paltz, County of Ulster hereby finds and declares that the purpose of this chapter is to provide for the licensing and identification of dogs.

§ 63-4 Definitions.

A. 
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter, and as thereafter amended.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
OWNER
Any person who harbors or keeps any dog or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this chapter.
PERSON
A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RESIDENT
An individual who maintains a residence within the Town of New Paltz, County of Ulster, State of New York.
TOWN
The Town of New Paltz, County of Ulster, State of New York.

§ 63-5 Licensing of dogs.

A. 
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
B. 
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
C. 
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town 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.

§ 63-6 Licensing grace period for dogs licensed in New York City or outside New York State.

Any dog harbored within the Town which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this chapter.

§ 63-7 Proof of vaccination against rabies.

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.

§ 63-8 Term of license and renewals.

Each license issued pursuant to this chapter shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed.

§ 63-9 Fees.

By resolution adopted from time to time, the Town Board of the Town of New Paltz shall set the fees and other charges for the following:
A. 
Individual dog license fee for:
(1) 
For a spayed or neutered dog;
(2) 
An unspayed or unneutered dog.
B. 
State-mandated animal population control surcharge.
(1) 
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge payable at the time the dog license application is filed.
(2) 
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge payable at the time the dog license application is filed.
(3) 
A replacement tag fee shall be charged to offset the costs associated with the provision and replacement of identification tags.
C. 
Optional fee exemptions.
(1) 
There shall be no fee for any license issued for the following:
(a) 
Guide dog (as defined in Article 7 of the State Agriculture and Markets Law);
(b) 
Hearing dog (as defined in Article 7 of the State Agriculture and Markets Law);
(c) 
Service dog (as defined in Article 7 of the State Agriculture and Markets Law);
(d) 
War dog (as defined in Article 7 of the State Agriculture and Markets Law);
(e) 
Working search dog (as defined in Article 7 of the State Agriculture and Markets Law);
(f) 
Detection dog (as defined in Article 7 of the State Agriculture and Markets Law);
(g) 
Police work dog (as defined in Article 7 of the State Agriculture and Markets Law);
(h) 
Therapy dog (as defined in Article 7 of the State Agriculture and Markets Law).
(2) 
Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
D. 
Purebred dog license and fee.
(1) 
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law, § 108, may annually make an application for a purebred license in lieu of or in addition to the individual licenses required by this chapter. A 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.
(2) 
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
(3) 
The application shall be accompanied by the license fee prescribed by this chapter and a certificate of rabies vaccination or statement in lieu thereof, as required by this chapter and Article 7 of the State Agriculture and Markets law.
(4) 
Upon receipt of the foregoing items, 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. Once a purebred license has been issued, no refund therefor shall be made.
(5) 
The Town Clerk shall:
(a) 
Provide a copy of the purebred license to the owner;
(b) 
Retain a record of the purebred license in the office of the Town Clerk.
(6) 
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
(7) 
Separate fees shall be established for each of the following:
(a) 
If no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;
(b) 
If more than 10 but no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;
(c) 
If more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application;
(8) 
Each purebred dog license shall be subject to an animal population control surcharge payable at the time the dog license application is filed.

§ 63-10 Issuance of license; identification tag.

A. 
Upon validation by the Town Clerk of the Town, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. 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 cannot be transferred to another dog.
C. 
Change of ownership, lost or stolen dogs.
(1) 
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
(2) 
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
(3) 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
(4) 
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal.
D. 
Identification tag.
(1) 
The Town Clerk shall assign a Town permanent official 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) 
An identification tag is not required to be worn while the dog is participating in a dog show.
(3) 
The official permanent 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.
(4) 
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
(5) 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall make application to the Town Clerk for a replacement tag.

§ 63-11 Penalties for offenses.

Any person convicted of a violation of this chapter shall be liable for a civil penalty of $25 for a first violation; of $50 for a second violation, and $75 for each subsequent violation.

§ 63-12 Repeal of inconsistent local laws or ordinances.

This chapter shall supersede all prior inconsistent local laws, ordinances, rules and regulations relative to the licensing of dogs within the Town. All prior inconsistent local laws, ordinances, rules and regulations shall be, upon the effectiveness of this chapter, null and void.

§ 63-13 Severability clause.

The provisions of this chapter are declared to be severable, and, if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this chapter.

§ 63-14 Effective date.

This chapter shall be effective January 1, 2011, after filing with the Secretary of State.