This article shall be known as the "Dog Licensing Law of the
Town of Ontario, New York."
The purpose of this article is to provide for the licensing
and identification of dogs.
As used in this article, the following terms shall have the meanings indicated. All terms not specifically defined herein shall have the meaning assigned to such terms within New York State Agriculture and Markets Law § 108 and Article
II of Chapter
62 of the Code of the Town of Ontario.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this article.
No person shall own or possess a dog within the Town unless
such dog is licensed and identified as provided in Article 7 of the
Agriculture and Markets Law and this article.
A. All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
B. Any dog harbored within the Town which is owned by a resident of
New York City or licensed by the City of New York, or which is owned
by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall for a period of 30 days be exempt
from the licensing and identification provisions of this article.
C. 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 may be established by the Town.
D. 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.
E. Each license issued shall be valid for a period of one year and shall
expire on the last day of the last month of the period for which it
was issued. No license shall be issued for a period expiring after
the last day of the 11th month following the expiration date of the
current rabies certificate for the dog being licensed.
F. Upon validation by the Town Clerk, a dog license shall be issued
and a record of its issuance retained in the office of the Town Clerk.
Such record shall be made available upon request to the State Commissioner
of Agriculture and Markets, or successor thereof.
G. Identification tags.
(1) The Town Clerk shall assign a permanent official Town identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dog at all times.
(2) An identification tag is not required to be worn while the dog is
participating in a dog show.
(3) The official permanent Town 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.
(4) No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(5) The dog license for any guide, hearing, service, war, working search,
detection, police or therapy dogs shall be conspicuously marked "Guide
Dog," "Hearing Dog," "Service Dog," "War Dog," "Working Search Dog,"
"Detection Dog," "Police Dog," or "Therapy Dog," as may be appropriate,
by the Town Clerk.
H. Change of ownership; lost or stolen dogs.
(1) Upon the transfer of ownership of any dog, the new owner shall immediately
apply for a new license for the dog. The original issued identification
tag shall remain the same for the life of the dog. A license cannot
be transferred to another dog.
(2) In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within ten days of such change, notify the Town Clerk.
(3) If any dog which 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 Town Clerk.
(4) In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
Pursuant of Article 7 of the Agriculture and Markets Law of
the State of New York, as amended, the applicant for a dog license
shall pay to the Ontario Town Clerk at the time of making application
the following:
A. A sum as set forth in the Town of Ontario Fee Schedule approved by
resolution of the Town Board and on file with the Town Clerk for each
spayed or neutered dog.
B. A sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk for each unspayed or unneutered dog, which shall be at least $5 more than the sum specified in Subsection
A above.
C. In addition to the dog license fee established by this article, each
applicant for a dog license shall pay a state Dog Population Control
Fund surcharge of $1 for a spayed or neutered dog, or a fee of $3
if the dog sought to be licensed is unspayed or unneutered.
D. Purebred license fees. The fees for each purebred license are as
follows:
(1) A sum as set forth in the Town of Ontario Fee Schedule approved by
resolution of the Town Board and on file with the Town Clerk for each
purebred license 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;
(2) A sum as set forth in the Town of Ontario Fee Schedule approved by
resolution of the Town Board and on file with the Town Clerk for each
purebred license if 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;
(3) A sum as set forth in the Town of Ontario Fee Schedule approved by
resolution of the Town Board and on file with the Town Clerk for each
purebred 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;
(4) Each purebred license shall be subject to an Dog Population Control
Fund surcharge in the amount of $3, payable at the time the purebred
dog license application is filed.
(5) A sum as set forth in the Town of Ontario Fee Schedule approved by
resolution of the Town Board and on file with the Town Clerk for each
purebred license identification tag issued pursuant to this article.
E. Each dog found to be unlicensed during a Town dog enumeration shall
be subject to a dog enumeration surcharge of a sum as set forth in
the Town of Ontario Fee Schedule approved by resolution of the Town
Board and on file with the Town Clerk payable at the time of the application
is filed to license said dog.
F. At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay to the
Town Clerk the sum as set forth in the Town of Ontario Fee Schedule
approved by resolution of the Town Board and on file with the Town
Clerk for a replacement tag.
G. Notwithstanding the other provisions of this Article, no license
fees shall be paid for applications submitted for a dog license for
any guide, hearing, service, war, working search, detection, police
or therapy dogs.
Any violation of this law may be prosecuted either as a violation,
as defined by the New York Penal Law, or as a civil offense. Such
violation shall be punishable as follows:
A. Where prosecuted as a violation, by a fine of not less than $25,
nor more than $250, or by imprisonment for not exceeding 15 days,
or both such fine and imprisonment, except that where the person was
found to have violated this law or Article 7 of the New York Agriculture
and Markets Law in the preceding five years, the fine shall not be
less than $50, and where the person was found to have committed two
or more such violations within the preceding five years, the fine
shall not be less than $100.
B. Where prosecuted as a civil offense, by a civil penalty of not less
than $25, except that where the person was found to have violated
this law or Article 7 of the New York Agriculture and Markets Law
in the preceding five years, the civil penalty shall be not less than
$50 and where the person was found to have committed two or more such
violations within the preceding five years, the civil penalty shall
be not less than $100.