Town of Neversink, NY Dogs

Editor's Note: This local law also superseded former Ch. 22, Dogs, adopted 2-10-1982 by L.L. No. 1-1982, and stated that it shall become effective immediately upon filing with the Secretary of State.

§ 22-1 Designation of Dog Control Officer.

A Dog Control Officer may be designated by the Town Board, as provided by § 114 of the Agriculture and Markets Law, to investigate and institute a proceeding as provided in §§ 119 and 121 of the Agriculture and Markets Law, which is incorporated herein in all respects, together with any violation of this article.

§ 22-2 Restrictions.

No person who owns, possesses or harbors a dog shall:

Permit such dog to cause damage or destruction to property of a person other than its owner or commit a nuisance upon the premises of a person other than its owner.

Keep, suffer or permit to be kept on the premises occupied by such person any dog which, by its continued barking, howling or whining or other frequent or long-continued noises, shall unreasonably disturb the comfort or repose of any person.

§ 22-3 Filing of complaint.

Any person who observes a violation of the restrictions described in § 22-2 of this article may file a signed complaint, under oath, with a Town Justice of the Town of Neversink, specifying the objectionable conduct of the dog, the date hereof, damage caused, if any, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.

§ 22-4 Issuance of appearance tickets.

Every Dog Control Officer shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, the Dog Control Officer may serve any process, including an appearance ticket, a uniform appearance ticket or a simplified information relating to any proceedings, whether criminal or civil in nature, undertaken in accordance with the provisions of this article.

§ 22-5 Disregard of appearance tickets.

In the event that any person shall ignore or disregard an appearance ticket or summons, the Justice may issue a warrant for the arrest of such person.

§ 22-6 Penalties for offenses.

A violation of this article shall be deemed an offense. The following fines and penalties are hereby imposed for any acts or violations of this article not already provided for in the Agriculture and Markets Law against any person who violates this article or who owns or is responsible for any dog which violates any of the foregoing provisions of this article: Any offense against this article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

Article II Licensing

[Adopted 12-8-2010 by L.L. No. 4-2010]

§ 22-7 Legislative purpose.

The purpose of this article is to provide for the licensing and identification of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of the dog licensing function to local municipalities and eliminated the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue.

§ 22-8 Authority.

This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.

§ 22-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADOPT

The delivery to any natural person 18 years of age or older, for the purpose of harboring a dog, seized or surrendered, from the Town's animal shelter.

ANIMAL/DOG CONTROL OFFICER

Any individual appointed by the Town Board to assist in the enforcement of this article.

CLERK

The Town Clerk, or Deputy Town Clerk, of the Town of Neversink, where licenses are to be validated or issued.

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.

GEESE DOG

Any dog that is trained to aid the Animal/Dog Control Officer in the control of geese within the boundaries of the Town.

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 of New York during the period such dog is being trained or bred.

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 of New York during the period such dog is being trained or bred for such training.

IDENTIFICATION TAG

A tag which sets forth an identification number, as required by the provisions set forth in this article.

TOWN

The Town of Neversink, including incorporated areas.

OWNER

Any person who harbors or keeps any dog.

PERSON WITH DISABILITY

Any person with a disability as that term is defined in Subdivision 21 of § 292 of the New York State Executive Law.

POLICE WORK DOG

Any dog owned or harbored by any 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.

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 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 of New York 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 and is actually used for such purposes; provided, however, that such services provided by said dog shall be performed without charge or fee.

§ 22-10 Dog licensing requirements and procedures.

Licensing of dogs.

(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 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 one year, based on the validation term of the rabies vaccination.

(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 official identification number of the dog, and other identification markers, if any, and the name, address, telephone number, county and town of residence of the owner, and such other information as deemed necessary by the Clerk.

(4)

The application shall be accompanied by a license fee as listed below and a valid certificate of rabies vaccination or statement in lieu thereof. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered; such certificate shall not be required if the same is already on file with the Clerk.

(5)

Fees.

(a)

The fees for a dog license shall be as follows:

[1]

Unspayed/unneutered dog: $10.50 per year (includes state-mandated surcharge of $3).

[2]

Spayed/neutered dog: $2.50 per year (includes state-mandated surcharge of $1).

[3]

Replacement identification tag: $3 per tag.

(b)

Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, geese dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog.

(6)

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.

(7)

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.

(8)

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.

(9)

No dog can be adopted out of the Town's animal shelter without first obtaining a license from the Clerk.

Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with § 22-10A of this article.

Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this article, shall require the applicant to present 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.

Enumeration. In addition to other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay a fee of $5. Such additional fee shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event 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.

§ 22-11 Identification of dogs.

Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent official identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times.

The official 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 or her 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 "Town of Neversink," a unique identification number, and the telephone number of the Clerk's office.

§ 22-12 Change of ownership; lost or stolen dogs.

In the event of a change in ownership of any dog which has been assigned an official identification number or in the address of the owner of record of any such dog, the owner of record shall notify the Clerk.

If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall 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.

§ 22-13 Penalties for offenses.

It shall be a violation, punishable as provided in Subsection B of this section, for:

(1)

Any owner to fail to license a dog.

(2)

Any owner to fail to have any dog properly identified as required by this article.

(3)

Any person to knowingly affix to any dog any false or improper identification tag or special identification tag for identifying guide, service or hearing dogs.

Violations of this article shall be subject to a fine, not to be less than $25, except that:

(1)

Where the person was found to have violated this article within the preceding five years, the fine may not be less than $50; and

(2)

Where the person was found to have committed two or more violations of this article within the preceding five years, the fine may not be less than $100.

§ 22-14 When effective.

This article shall become effective immediately upon filing with the Secretary of State or January 1, 2011, whichever is later.