[Adopted 12-27-2010 by L.L. No. 2-2011]
Effective, January 1, 2011, the State of New York will relinquish
the responsibility of dog licensing function to local municipalities
and will eliminate the Animal Population Control Fund. As a result,
the City of Peekskill and other local municipalities are required
to adopt legislation relating to dog licensing and set local fees
and other policies. The City's current laws relating to dogs
need to be updated in conformance with the change in statute.
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 City.
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 50 of the
Laws of 2010, and as may be subsequently amended and supplemented.
A.
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.
B.
ANIMAL/DOG CONTROL OFFICER
CITY
CLERK
DOG
HARBOR
IDENTIFICATION TAG
OWNER
Words used in the present tense include the future and the plural
includes the singular. The word "shall" is intended to be mandatory.
Any individual appointed by the City of Peekskill to enforce
this article.
The City of Peekskill.
The City Clerk, or Deputy City Clerk, of the City of Peekskill
or his or her agent.
Any member of the species canis familiaris.
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.
A.
License application.
(1)
The owner of any dog reaching the age of six months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of six 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 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 city/town/village of residence of 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.
B.
License fees. The fee for a dog license shall be set forth in the
Consolidated Fee Schedule maintained in the office of the City Clerk.
[Amended 9-25-2017 by L.L. No.
2-2017]
(1)
Upon submission of proper documentation, there shall be no fee charged
for the license issued for any detection dog, guide 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.
(2)
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 as set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk. Such additional fee shall
be used to pay the expenses incurred by the City in conducting the
enumeration. In the event that the additional fees collected exceed
the expenses incurred by the City in conducting an enumeration in
any year, such excess fees may be used by the City 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 a minimum of one year and shall not exceed three years,
based on the validation term of the rabies vaccination.
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 originally issued identification tag shall
remain the same for the life of the dog.
G.
Purebred licenses. The City shall not issue purebred or kennel licenses.
All dogs shall be licensed individually in accordance with the fees
stated above.
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 of $3.
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 "City of
Peekskill" and "State of New York," 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.
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 property 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:
