[Adopted 9-26-1978 by L.L. No. 5-1978;
amended in its entirety 1-4-2011 by L.L. No. 1-2011]
This article is enacted pursuant to the provisions of Chapter 59, Part T of the Laws of 2010; Article 7 of the Agriculture and Markets Law; and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Southold hereby finds and declares
that the purpose of this article is to provide for the licensing and
identification of dogs in an effort to control and protect the Town's
dog population and for the health, safety and welfare of the residents
of the Town of Southold.
For the purpose of this article, the terms used herein are defined
as follows:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
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.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
An individual who maintains a residence within the Town of
Southold, County of Suffolk, State of New York.
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
The Town of Southold, County of Suffolk, State of New York.
A.
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 laws of the Town.
B.
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.
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.
The Town does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Office of the
Town Clerk for the purchase of the license for adoption purposes.
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.
Each license issued pursuant to this article 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.
B.
State-mandated animal population control surcharge:
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1, payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3, payable at the time the dog license application is filed.
C.
Dog enumeration surcharge:
(1)
Each dog found to be unlicensed during a Town dog enumeration, shall
be subject to a dog enumeration surcharge of $15 payable at the time
the application is filed to license said dog.
D.
Replacement tag fee:
(1)
A replacement tag fee of $3 shall be charged to offset the costs
associated with the provision and replacement of identification tags.
E.
Fee exemptions:
(1)
There shall be no fee for any license issued for the following: guide
dog, hearing dog, service dog, war dog, working search dog, detection
dog, police work dog, or therapy dog.
(2)
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may
be appropriate by the Clerk.
A.
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.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog owner.
C.
Change of ownership; lost or stolen dogs.
(1)
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.
(2)
In the event of a change in ownership of any dog that 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 10 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.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official 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)
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.
(3)
Any person wishing to replace a tag previously issued shall pay the
sum of $3 to the Town Clerk for a replacement tag.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $10 for a first violation, of $20 for
a second violation, and $30 for each subsequent violation.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this article,
null and void.
