[Adopted 12-28-2010 by L.L. No. 4-2010[1] by the Town Board]
[1]
Editor's Note: This local law also repealed former Art.
III, Dogs, adopted 6-10-1971, as amended, and provided an effective
date of 1-1-2011.
This article shall be known and may be cited as the "Dog Licensing
and Dog Control Law of the Town of Wawayanda, New York."
This article is enacted pursuant to the New York Municipal Home
Rule Law and the Agriculture and Markets Law to provide for the licensing,
identification and control of dogs. Effective January 1, 2011, the
State of New York has relinquished the responsibility of dog licensing
function to local municipalities and will eliminate the Animal Population
Control Fund. Local municipalities will now be required to adopt legislation
relating to this issue, which is the purpose of this article.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by Part T of Chapter
59 of the Laws of 2010, and the Municipal Home Rule Law of the State
of New York, as the same may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
Any individual appointed by the Town Board to enforce this
article.
The Town Clerk, or Deputy Town Clerk, of the Town of Wawayanda
or his or her agent.
Any member of the species canis familiaris.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
Any person who harbors or keeps any dog.
Any resident of the Town age 65 or older.
The Town of Wawayanda, including incorporated areas.
A.
License application.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large or that
is residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or village,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as specified below.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and municipal identification number of the
dog, and other identification marks, if any, and the name, address,
telephone number, county and town of residence of owner, and such
other information as deemed necessary by the Clerk.
(4)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(5)
The application shall be accompanied by 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 age or other reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and file such record with a copy of the
license.
B.
License fees. The fee for a dog license shall be as follows:
(1)
Unspayed/unneutered dog: $13 per year (includes state-mandated surcharge
of $3).
(2)
Spayed/neutered dog: $5 per year (includes state-mandated surcharge
of $1).
(3)
Upon submission of proper documentation, there shall be no fee charged
for the license issued for any detection dog, guide dog, hearing dog,
police work dog, service dog, therapy dog, war dog or working search
dog, as such terms are defined by the Agriculture and Markets Law.
(4)
There shall be no fee charged for up to two dogs owned by a senior
resident.
(5)
In addition to other applicable fees, any person applying for a dog
license for a dog identified as unlicensed during an enumeration shall
pay an additional fee of $25. Such additional fee shall be used to
pay the expenses incurred by the Town in conducting the enumeration.
In the event that the additional fees collected exceed the expenses
incurred by the Town in conducting an enumeration in any year, such
excess fees may be used by the Town for any other lawful purpose.
C.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
D.
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
E.
A license shall be renewed after a period of one year beginning with
the first day of the month following the date of issuance. Renewal
shall be for a minimum of one year and shall not exceed three years,
based on the validation term of the rabies vaccination.
F.
No license shall be transferable. 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.
G.
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
H.
Purebred licenses.
(1)
The owner of one or more purebred dogs registered by a recognized
registry association, as that term is defined in Section 108 of the
New York Agriculture and Markets Law, may annually make an application
for a purebred license, in lieu of or in addition to, the individual
licenses required by this article. 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 that is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months that is harbored on the premises and 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 or fees prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
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 Clerk shall provide a copy of the purebred license to the owner
and retain a record of the purebred license in the office of the 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 this article.
(7)
The following additional fees shall be charged to those who harbor
more than two purebred dogs on premises: $25, 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; $35, 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; $45, 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, in accordance with New York law, in the amount
of $5 payable at the time the dog license application is filed (includes
state-mandated surcharge of $3).
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.
The 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.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $3.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the words "Town of
Wawayanda" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A.
In the event of a change in ownership of any dog that has been assigned
an identification number or in the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, notify the Clerk.
B.
If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
In accordance with § 117 of the Agriculture and Markets
Law:
A.
The Animal/Dog Control Officer shall seize:
(1)
Any dog which is not licensed, whether on or off the owner's
premises.
(2)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous.
(3)
Any dog which poses an immediate threat to the public safety.
(4)
Any dog in violation of this article.
B.
The Animal/Dog Control Officer, when acting pursuant to his or her
special duties, shall make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall include,
but not be limited to, a description of the dog, the date and hour
of seizure, the municipal identification number of the such dog (if
any), the location where seized, the reason for the seizure and the
owner's name and address, if known.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
Each dog which is not identified, whether or not licensed, 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 following impoundment fees:
(1)
Not less than $75 for the first impoundment of any dog owned by that
person.
(2)
Not less than $100 for the second impoundment, within one year of
the first impoundment, of any dog owned by that person.
(3)
Not less than $150 for the third and subsequent impoundments, within
one year of the first impoundment, of any dog owned by that person.
(4)
If, upon redemption, any dog received a rabies vaccination, the charge
for such vaccination shall be added to impoundment fees.
E.
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
F.
Prior to releasing a dog to its owner or adopting out a dog, the
Animal/Dog Control Officer shall deliver to the owner a statement
of number of days the dog has been in the shelter and the costs for
any veterinary care, which statement the owner shall take to the Clerk
to whom all fees due and owing for the shelter and veterinary care
shall be paid, together with the impoundment fees and any licensing
fees, whereupon the Clerk shall give a receipt to the owner who shall
then deliver it to Animal/Dog Control Officer at which time such dog
may be released to owner.
Any fees charged under this article, or any penalties imposed
under this article, may be changed from time to time by resolution
of the Town Board of the Town.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of the article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort of any
person other than the owner of such dog.
C.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner of such property.
D.
Chase, jump upon or at, or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises.
Except as otherwise provided in Article 7 of the Agriculture
and Markets Law, any person violating any provision or provisions
of this article shall be deemed to have committed an offense against
this article, and any violation shall be punishable by fine not exceeding
$250 or by imprisonment for not more than 15 days, or both fine and
imprisonment, for each offense. Any violation which continues beyond
one day shall be deemed a separate violation and bear a separate penalty
for each separate day, midnight to midnight, in which the violation
occurs.
