The purpose of this article is to adopt the amendments to Article
7 of the New York State Agriculture and Markets Law by Part T of Chapter
59 of the Laws of 2010 to provide for the licensing and identification
of dogs, the control and protection of the dog population and the
protection of persons, property, domestic animals and deer from dog
attack and damage.
As used in this article, the following terms shall have the
meanings indicated:
ADOPTION
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered, or any cat.
CLERK
The clerk of any county, town, city or village where licenses
are validated or issued pursuant to this article.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by a municipality to assist in the
enforcement of this article or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with a municipality to assist in the enforcement
of this article.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the state Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this article.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the state of New York, contact information, including telephone number,
for the municipality and such other information as the licensing municipality
deems appropriate.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this article, except that if any license is issued on 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. If it cannot be determined
in whose name any dog was last licensed or if the owner of record
has filed a statement pursuant to the provisions of § 112
of Article 7 of the Agriculture and Markets Law, the owner shall be
deemed to be the owner of record of such dog, except that if the owner
is under 18 years of age, the owner of record shall be deemed to be
the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
All moneys collected as fines or penalties by the City of Cohoes
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 property of the City of Cohoes and shall be
paid to the Clerk of the Cohoes City Court. Such moneys shall be used
only for controlling dogs and enforcing this article, including subsidizing
the spaying or neutering of dogs and any facility as authorized under
§ 116 of the Agriculture and Markets Law used thereof, and
subsidizing public humane education programs for responsible dog ownership.
If any section of this article or the application thereof to
any person, circumstance or property shall be adjudged invalid by
a court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered
and shall not affect or invalidate the remainder of any provision
of any section or the application of any part thereof to any other
person, circumstance or property, and to this end, the provisions
of each section of this article are declared to be severable.
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed to the extent necessary to give
this article full force and effect.