[HISTORY: Adopted by the Town Board of the Town of Mamakating 12-7-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
The purpose of this chapter is to provide for the licensing and identification of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of dog licensing function to local municipalities and has eliminated the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue.
As used in this chapter, 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.
- ANIMAL/DOG CONTROL OFFICER
- Any individual appointed by the Town Board to assist in the enforcement of this chapter.
- The Town Clerk, or Deputy Town Clerk, of the Town of Mamakating, where licenses are to be validated or issued.
- DETECTION DOG
- Any dog that is trained and is actually used for such purpose or is undergoing training for use of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
- Any member of the species Canis familiaris.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and 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 for such purpose.
- 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 purpose.
- IDENTIFICATION TAG
- A tag issued by the Town of Mamakating which sets forth an identification number, as provided by the provisions set forth in this chapter.
- The Town of Mamakating.
- Any person who harbors or keeps any dog.
- Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.
- 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 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.
- SENIOR RESIDENT
- Any resident of the Town aged 65 or older.
- 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 a 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 purpose; provided, however, that such services provided by said dog shall be performed without charge or fee.
Licensing of dogs.
The owner of any dog in the Town of Mamakating four months or older shall immediately make application for a dog license. No license shall be licensed 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 a minimum of one year and shall not exceed three years, based on the validation terms of the rabies vaccination.
Application for a dog license shall be made to the Clerk.
The application shall state the sex, actual or approximate age, breed, color(s) and official identification number of the dog, and any other identification marks, if any, and the name, address, telephone number, town and county of residence of the owner.
The application shall be accompanied by a license fee as listed below, such additional fees as may be established by the Town, and a valid certificate of rabies vaccination or statement as provided in § 76A-3(3). In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner(s) 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 Clerk. In lieu of the spay or neuter certificate or affidavit of the owner(s), the owner(s) may present a statement certified by a licensed veterinarian stating that he 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 for a spayed or neutered dog.
The fees for a dog license shall be as follows:
Unspayed/unneutered dog: $15.50 per year (includes state-mandated surcharge of $3).
Spayed/neutered dog: $7.50 per year (includes state-mandated surcharge of $1).
There shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog; and any dog owned by a senior resident. Each copy of a license for such dogs shall be conspicuously marked "detection dog," "guide dog," "hearing dog," "police work dog," "service dog," "therapy dog," "war dog," or "working search dog."
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.
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.
No license shall be transferrable. 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.
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 of New York. Any and all existing purebred licenses will now be required to comply with § 76A-3(1) of this chapter.
Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this chapter, 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 old 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 all other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration of dogs living within the Town (see Agriculture and Markets Law § 113) shall pay $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.
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 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 Mamakating," the "State of New York," a unique identification number, and the telephone number of the Town Clerk's Office.
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, within 10 days of such change, notify the Clerk.
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, file with the Clerk a written report of such loss or theft.
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.
It shall be a violation, punishable as provided in Subsection B of this section, for:
Any owner to fail to license a dog.
Any owner to fail to have any dog identified as required by this chapter.
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.
Any person to furnish any false or misleading information on any form required to be filed with the Town pursuant to this chapter.
Any owner of a dog to fail to notify the Town of any change of ownership or address as required by this chapter.
Violations of this chapter shall be subject to a fine, not to be less than $25, except that: