[Adopted 12-28-2010 by L.L. No. 4-2010 by the Town Board]
Editor's Note: This local law also repealed former Art.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.
- ANIMAL/DOG CONTROL OFFICER
- 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.
- IDENTIFICATION TAG
- 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.
- SENIOR RESIDENT
- Any resident of the Town age 65 or older.
- The Town of Wawayanda, including incorporated areas.
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.
Application for a dog license shall be made to the Clerk and shall be accompanied by the appropriate license fee, as specified below.
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.
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.
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.
License fees. The fee for a dog license shall be as follows:
Unspayed/unneutered dog: $13 per year (includes state-mandated surcharge of $3).
Spayed/neutered dog: $5 per year (includes state-mandated surcharge of $1).
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.
There shall be no fee charged for up to two dogs owned by a senior resident.
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.
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.
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.
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.
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.
No dog can be adopted out of the Town's animal shelter without first obtaining a license from the Clerk.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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:
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.
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.
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:
The Animal/Dog Control Officer shall seize:
Any dog which is not licensed, whether on or off the owner's premises.
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.
Any dog which poses an immediate threat to the public safety.
Any dog in violation of this article.
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.
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.
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:
Not less than $75 for the first impoundment of any dog owned by that person.
Not less than $100 for the second impoundment, within one year of the first impoundment, of any dog owned by that person.
Not less than $150 for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
If, upon redemption, any dog received a rabies vaccination, the charge for such vaccination shall be added to impoundment fees.
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.
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:
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.
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.
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.
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.
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.
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.
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.