[Adopted 12-27-2010 by L.L. No. 2-2011]
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 persons, property, domestic animals
and deer from dog attack and damage.
As used in this article, the following terms have the meanings
indicated:
The delivery of a dog to any natural person 18 years of age
or older for the purpose of harboring a dog that has been seized or
surrendered.
The Town Clerk of the Town of Blooming Grove, where licenses
are validated or issued pursuant to this article.
The State Commissioner of Agriculture and Markets.
Any member of the species canis familiaris.
Any individual appointed by the Town Board to assist in the
enforcement of this article or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protection
association under contract with the Town to assist in the enforcement
of this article.
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 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.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and which 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.
A tag issued by the Town of Blooming Grove which sets forth
an identification number, together with the name of the Town, the
state of New York, contact information, including telephone number
for the Town and such other information as the Town Board deems appropriate.
Any dog carrying an identification tag, as required by the
provisions set forth in this article.
Any person who harbors or keeps any dog.
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 the state 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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
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 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.
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 is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
The owner of any dog within the Town reaching four months of age or older, unless otherwise exempted, shall immediately make application for a dog license. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application, together with the license application fee, any applicable license surcharges and such additional fees as authorized in § 77-19.
B.
The application must state the sex, actual or approximate age, breed,
color, municipal identification number of the dog, and other identification
marks, if any, and the name, address, telephone number, county and
town of residence of the owner.
C.
Each license application shall be accompanied by proof that the dog
has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life,
in which case vaccination shall not be required. Every application
must also be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner showing that the dog has been
spayed or neutered, provided such certificate or affidavit shall not
be required if the same is already on file with the Town Clerk. In
lieu of the spayed or neuter certificate, an owner may present a statement
certified by a licensed veterinarian stating that he/she has examined
the dog and found that because of old age or other reason, the life
of the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as for a spayed or neutered
dog as set forth in § 17-19A.
D.
Each license issued shall be valid for a period of one year and shall
not be transferable. All licenses shall expire on the last day of
the last month of the period for which they are issued. Once an application
has been approved, no refund shall be made. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
E.
The Town Board authorizes the Town Clerk to accept and issue an application for a dog license made by a resident of the Town at the time of the adoption of a dog from the Humane Society provided that such application is made in accordance with § 77-18 of this law and the license fee and any additional fee and surcharge shall be remitted to the Town Clerk.
F.
No license shall be required for any dog under the age of four months
and which 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, duly incorporated society for the prevention
of cruelty to animals, duly incorporated humane society or duly incorporated
dog protective association.
G.
The Town Clerk shall provide a copy of the license to the owner,
retain a record of the license that shall be made available upon request
to the commissioner for purposes of rabies and other animal disease
control efforts and actions.
H.
This article shall not apply to the following:
(1)
Any dog confined to the premises of any public or private hospital
devoted solely for the treatment of sick animals, or confined for
the purposes of research to the premises of any college or other educational
or research institution; or
(2)
Any dog confined to the premises of any person, firm, or corporation
engaged in the business of breeding or raising dogs for profit and
licensed as a Class A dealer under the Federal Laboratory Animal Welfare
Act.
I.
Purebreds. The Town Board may, by resolution, provide for the establishment
and issuance of purebred licenses and such applicants shall be assessed
a surcharge, in an amount established by resolution of the Town Board,
for the purpose of carrying out animal population control efforts
as provided in § 117-a of the state Agriculture and Markets
Law.
A.
The Town Board is hereby authorized to establish an annual fee for a dog license issued pursuant to § 77-18 for an unspayed/unneutered dogs and for spayed/neutered dogs in amounts established by resolution of the Town Board.
B.
Exempted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, war, working search, detection,
or police work dog. Each copy of any license for such dogs shall be
conspicuously marked identifying the type of dog. The Town Board may,
by resolution, exempt other types of special-skill dogs from payment
of the license fee.
C.
In addition to the license fee established by § 77-19A of this law, each applicant for a dog license shall pay a surcharge if the dog to be licensed is altered or unaltered, respectively, in amounts established by resolution of the Town Board. The surcharge shall be paid to the state's animal population control fund. This surcharge shall not apply to the licensing of dogs under the age of six months.
D.
In addition to the license fee imposed by § 77-19A of this law, any applicant applying for a license for a dog identified as unlicensed during an enumeration shall pay a surcharge of $5, which shall be retained by the Town and used to defray the cost of an enumeration of dogs living within the Town.
E.
The fee and surcharge amounts authorized above may be established,
and amended from time to time, by resolution of the Town Board.
A.
Identification number. Each dog licensed pursuant to this article
shall be assigned, at the time the dog is first licensed, an 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 identification tag must include the identification
number, "Town of Blooming Grove, State of New York," and the telephone
number of the Town Clerk's office.
B.
A dog participating in a dog show shall be exempt from the identification
requirement during such participation.
C.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
D.
Any replacement tag shall be obtained by the owner at a fee established,
and amended from time to time, by resolution of the Town Board.
A.
In the event of a change in ownership of any dog which has been licensed
pursuant to this article or in the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, file with the Town Clerk a written report of such change.
Such owner of record shall be liable for any violation of this article
until such filing is made or until the dog is licensed in the name
of the new owner.
B.
If any dog which has been licensed pursuant to this article, is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the Town Clerk a written report of
such loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of the license or upon the
time of such renewal.
A.
For the purpose of assisting within the Town with the control of
dogs and the enforcement of this chapter, the Town Board shall:
(1)
Appoint one or more Dog Control Officers; and/or
(2)
Contract for Dog Control Officer services with any other municipality
or with any incorporated humane society or similar incorporated dog
protective association or shall appoint, jointly with one or more
other municipalities, one or more Dog Control Officers having jurisdiction
in each of the cooperating municipalities.
B.
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, any
Dog Control Officer or any peace officer, when acting pursuant to
his special duties, or police officer, who is authorized by the Town
to assist in the enforcement of this article may serve any process,
including an appearance ticket, a uniform appearance ticket and a
uniform appearance ticket and simplified information, related to any
proceeding, whether criminal or civil in nature, undertaken in accord
with the provisions to this article and the state Agriculture and
Markets Law.
C.
Every Dog Control Officer, peace officer, when acting pursuant to
his special duties, or police officer shall promptly make and maintain
a complete record of any seizure and subsequent disposition of the
dog, the date and hour of seizure, the official identification number
of such dog, if any, the location where seized, the reason for seizure,
and the owner's name and address, if known.
D.
Every Dog Control Officer shall file and maintain such records for
not less than three years following the creation of such record, and
shall make such reports available to the commissioner upon request.
Every Dog Control Officer shall file monthly reports with the Town
Clerk.
E.
The Town Board may, either individually or in cooperation with other
municipal entities, require its Dog Control Officer or animal control
officer or any other authorized agent to ascertain and list the names
of all person in the municipality owning or harboring dogs, or in
lieu thereof, such municipality may contract to have the same done.
The Town may establish and maintain a pound or shelter for dogs.
In lieu of or in addition to establishing and maintaining such pound
or shelter, the Town may contract for pound or shelter services with
any other municipality or with any incorporated humane society or
similar incorporated dog protective association, or shall establish
and maintain, jointly or with one or more other municipalities, a
pound or shelter.
A.
Seizure of dogs.
(1)
Any Dog Control Officer or peace officer, acting pursuant to his
or her special duties, or police officer in the employ of or under
contract to the Town shall seize:
(a)
Any dog which is not identified and which is not on the owners's
premises;
(b)
Any dog which is not licensed, whether on or off the owners
premises;
(c)
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; and
(d)
Any dog which poses an immediate threat to the public safety.
B.
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 provides that
the owner pays the following impoundment fees:
(1)
For the first impoundment of any dog owned by that person: $35;
(2)
For the first 24 hours or part thereof and $3 for each additional
24 hours or part thereof for the second impoundment, within one year
of the first impoundment, of any dog owned by that person: $65; or
(3)
For the first 24 hours or part thereof and $3 for each additional
24 hours or part thereof for the third and subsequent impoundments,
within one year of the first impoundment, of any dog owned by that
person: $100.
C.
The impoundment fees set forth in this section may be amended from
time to time by resolution of the Town Board.
D.
All impoundment fees shall be the property of the Town and shall
be used only for controlling dogs and enforcing this article, including
subsidizing the spaying or neutering of dogs and any related facility,
and subsidizing public humane education programs in responsible dog
ownership. However, the Town Board may provide, by resolution, that
all or a portion of such fees shall be the property of the Humane
Society of Blooming Grove and/or similar incorporated humane society
or dog protective association.
E.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of 10 days after such notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees as set forth in § 77-24B and by producing proof that the dog has been licensed.
F.
Any owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to the provisions of
state Agriculture and Markets Law, § 117, Subdivision 6,
8 and 9, and § 374.
A.
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog licensed as required by this article;
(3)
Any person to knowingly affix to any dog a false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag;
(4)
Any owner or custodian of any dog to fail to confine, restrain, or
present such dog for any unlawful purpose pursuant to this article;
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this article or rules and regulations promulgated pursuant thereto;
(6)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog;
B.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation as set forth in Subsection A of this section. The Town may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty.
C.
A violation of this article shall be punishable, subject to such
an election, either:
(1)
Where prosecuted pursuant to Penal Law, by a fine of not less than
$25, except that:
(a)
Where the person was found to have violated this article or
former Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine shall be not less than $50; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, the fine shall be not
less than $100, or imprisonment for not more than 15 days, or both;
or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(a)
When the person was found to have violated this section or this
article within the preceding five years, the civil penalty shall be
not less than $50; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, the fine shall be not
less than $100.
D.
A defendant charged with a violation of any provisions of this article
may plead guilty to the charge in open court. He or she may also submit
to the justice having jurisdiction, in person, by duly authorized
agent, or by registered mail, a statement that he or she waives arraignment
in open court and the aid of counsel, that he or she pleads guilty
to the offense charged, that he or she elects and requests that the
charge be disposed of and the fine or penalty fixed by the court,
of any explanation that he or she desires to make concerning the offense
charged, and that he or she makes all statements under penalty of
perjury. Thereupon the justice may proceed as though the defendant
had been convicted upon a plea of guilt in open court; provided, however,
that any imposition of fine or penalty hereunder shall be deemed tentative
until such fine or penalty hereunder been paid or discharged in full.
If upon receipt of the aforesaid statement the magistrate shall deny
the same, he or she shall thereupon notify the defendant of this fact,
and that he or she is required to appear before the said magistrate
at a stated time and place to answer the charge which shall thereafter
be disposed of pursuant to the applicable provisions of law.
E.
Any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war or detection dog, as defined in § 77-17, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to $200 for the first violation and up to $400 for each subsequent violation.
F.
Any person who for the purpose of participating in the animal population
control program shall falsify proof of adoption from a pound, shelter,
duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog or cat protective
association or shall furnish any licensed veterinarian of this state
with inaccurate information concerning his or her residency or ownership
of an animal or such person's authority to submit an animal for
spaying or neutering procedure, and any veterinarian who shall furnish
false information concerning animal sterilization fees shall be guilty
of a violation punishable by fine of not less than $250 where prosecuted
pursuant to Penal Law, or where prosecuted as an action to recover
a civil penalty of not more than $250.
