[Adopted 9-13-1979 by Ord. No. 2-1979; amended in its entirety 12-1-2010 by L.L. No.
1-2010]
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of personal property, domestic animals
and deer from dog attack and damage and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town of Caledonia. Effective January 1, 2011, the
State of New York has relinquished the responsibility of licensing
of dogs and moved the remainder of the dog licensing function required
by Article 7 of the Agriculture and Markets Law to the level of local
government.
As used in this article, the following terms shall have the
meanings indicated:
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,
from an animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work;
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land;
Is actively engaged as a livestock protection dog or a herd
dog and is in the company of its designated livestock on lands owned
or leased by the owner of the dog, or by the permission of the owner
or lessor of such lands.
The Town Clerk, or Deputy Town Clerk, of the Town of Caledonia,
by whom licenses are to be validated or issued.
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.
Any member of the species canis familiaris.
Any dog that is trained to aid a person who is blind and
that 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.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and that 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.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps any dog.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
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.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that 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.
The Town of Caledonia, including incorporated areas.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
Licensing of dogs.
A.
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. Failure to renew
a license within 90 days of its renewal date shall be subject to a
late fee of $5.
B.
Application for a dog license shall be made to the Clerk. 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 owner.
C.
The application shall be accompanied by a license fee 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, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
D.
The fees for a dog license shall be set forth by resolution of the
Town Board.
E.
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.
F.
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. If the
license is renewed through the mail, a self-addressed, stamped envelope
shall be included for receipt of the license.
G.
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.
H.
Purebred licenses must be for a recognized purebred club, which the
Town of Caledonia recognizes the following clubs:
(1)
United Kennel Club (UKC).
(2)
American Club (AKC).
(3)
American Dog Breeders Association, Inc.
(4)
Field Dog Stud Book Registry.
(5)
The National Stock Registry.
(6)
National Greyhound Association.
(7)
Chinooks Worldwide Inc.
(8)
Continental Kennel Club (CKC).
(9)
Maremma Sheepdog Club of America.
(10)
American Border Collie Association, Inc.
(11)
World Wide Kennel Club, Ltd.
(12)
America's Pet Registry.
(13)
I.F.S.B./Chase Publishing.
(14)
Standard Foxhound Stud Book.
(15)
The Jack Russell Terrier Club of America, Inc.
(16)
National Kennel Club (NKC).
I.
The fees for a purebred license shall be set forth by resolution
of the Town Board. Please contact the Town Clerk's office for
the current purebred license fees.
J.
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.
K.
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 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 of Caledonia for any other lawful purpose.
L.
The Town does not allow the licensing of dogs by a shelter. Residents
of the Town who would like to adopt a dog from a shelter must obtain
a license from the Town Clerk first. The shelter must send the adoptive
dog owners to the Town Clerk of the Town or City in which the dog
will be harbored for licensing.
A.
It shall be unlawful for any owner of any dog in the Town of Caledonia
to permit or allow such dog to:
(1)
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 this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
(2)
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.
(3)
Habitually chase motor vehicles, bicycles, horseback riders, pedestrians
or persons moving by human or animal powered devices such as skateboards,
roller blades, carriages, sleds, wagons, or skis.
(4)
All female dogs shall be confined to the premises of their owner
while such are in season (heat) and may not be left outside unattended,
or unrestrained by a leash.
A.
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 that shall be affixed to a collar on the dog at all times.
B.
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.
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.
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.
A.
In the event of a change in ownership of any dog that 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, within 10 days
of such change, notify the Clerk.
B.
If any dog that 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 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.
