[HISTORY: Adopted by the Town Board of the Town of Carmel
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-1981 by L.L. No. 3-1981 (Ch. 17 of the 1972
Code); amended in its entirety 12-15-2010 by L.L. No. 8-2010[1]]
This article shall be known and may be cited as the "Dog Licensing
(and Control) Law of the Town of Carmel, New York."
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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
The Town Clerk of the Town of Carmel or his or her agent.
Any member of the species canis familiaris.
Any individual appointed by the Town Board to enforce this
article.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
Any person who harbors or keeps any dog.
The Town of Carmel.
A.
License application.
(1)
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 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,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as specified below.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and 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, and such
other information as deemed necessary by the Clerk.
(4)
In the case of a spayed or neutered dog, every application shall
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.
(5)
The application shall be accompanied by 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.
(6)
The Town of Carmel hereby authorizes the Putnam County Humane Society,
Inc., acting by its manager, and/or any other entity with which the
Town of Carmel has an existing and current contract for the provision
of dog shelter services properly authorized by the Town Board, to
accept and grant an application for a dog license made by a resident
of the Town of Carmel at the time of the adoption of a dog from such
shelter. Such authorization is granted provided that such application
is made in accordance with this Chapter, and the license fee, any
additional fee and surcharge shall be remitted to the Town Clerk of
the Town of Carmel on or before the third day of the month following
the month in which the license fee and additional fee and surcharge
was received.
B.
License fees.
(1)
The fee for a dog license shall be established by Town Board resolution
annually.
(2)
Upon submission of proper documentation, 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, as such terms are defined by the Agriculture and Markets Law.
(3)
In addition to other applicable fees, any person applying for a dog
license for a dog identified as unlicensed during an enumeration shall
pay an additional 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 for any other lawful purpose.
C.
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.
D.
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.
E.
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 one year.
F.
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.
G.
Purebred licenses. The Town shall not issue purebred or kennel licenses.
All dogs shall be licensed individually in accordance with the fees
stated above.
H.
Any dog harbored within the Town that 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.
A.
Each
dog licensed shall be assigned, at the time the dog is licensed for
the first time, a permanent municipal 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. A dog
participating in a dog show shall be exempt from the identification
requirement during such participation.
B.
The
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 at a fee established by the
Town Board annually.
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.
E.
The identification tag shall be imprinted with the words "Town of
Carmel, NY" and a unique identification number, and the telephone
number of the Clerk's office.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A.
In
the event of a change in ownership of any dog that has been assigned
an 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 a municipal 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.
In accordance with § 117 of the Agriculture and Markets
Law:
A.
The Dog Control Officer shall seize:
(1)
Any dog which is not licensed, whether on or off the owner's
premises.
(2)
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.
(3)
Any dog which poses an immediate threat to the public safety.
B.
The Dog Control Officer, when acting pursuant to his or her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
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 provided that
the owner pays the impoundment fees established by Town Board resolution
annually.
E.
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
F.
Prior to releasing a dog to its owner or adopting out a dog, the
Putnam County Humane Society shall deliver to the owner a statement
of the number of days the dog has been in the shelter and the costs
for any veterinary care. All fees due and owing for the shelter and
veterinary care shall be paid together with the impoundment fees and
any licensing fees, to the Putman County Humane Society, who shall
give a receipt to the owner at which time such dog may be released
to the owner. The Putnam County Humane Society shall then forward
said payment to the Clerk.
[Amended 3-7-2012 by L.L. No. 1-2012]
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Except while
present at a lawfully designated Dog Park within the Town of Carmel,
to 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 and restrained
by means of a suitable leash. 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.
B.
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.
C.
Uproot,
dig, or otherwise damage any vegetables, lawns, flowers, garden beds,
or other property without the consent or approval of the owner of
such property.
D.
Chase, jump
upon or at, or otherwise harass any person in such manner as to reasonably
cause intimidation or fear or to put such person in reasonable apprehension
of bodily harm.
E.
Habitually
chase, run alongside of or bark at motor vehicles, motorcycles or
bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a
nuisance by defecating, urinating or digging on public property or
on private property without the consent or approval of the owner of
such property.
G.
If a female
dog, when in heat, be off the owner's premises unless the dog is accompanied
by its owner or a responsible person and under the full control of
such owner or person and restrained by means of a suitable leash.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York may, in the alternative, be dealt with in accordance
with Article 7 of the Agriculture and Markets Law.
Any person violating any provision of this article or the Agriculture
and Markets Law, including the failure to license a dog, the failure
to have a dog properly identified or to knowingly affix to any dog
any false or improper identification tag or special identification
tag for identifying guide, service or hearing dogs, shall be subject
to a fine, which shall not be less than $25, except that:
