[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.
The title of this chapter shall be "Dog Licensing, the Town
of New Paltz, County of Ulster."
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.
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.
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.
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
TOWN
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this chapter.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Town of
New Paltz, County of Ulster, State of New York.
The Town of New Paltz, County of Ulster, State of New York.
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.
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.
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 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.
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:
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.
(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.
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.
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.
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.
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.
This chapter shall be effective January 1, 2011, after filing
with the Secretary of State.
