[HISTORY: Adopted by the Town Board of the
Town of Cobleskill as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-13-2010 by L.L. No. 2-2010]
The title of this article shall be the "Dog Licensing and Control
Law of the Town of Cobleskill, County of Schoharie."
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 Cobleskill, County of Schoharie,
hereby finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
As used in this article, the following terms shall have the meanings
indicated:
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 Schoharie County Dispatch, 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.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
[A person] An individual who maintains a residence within
the Town of Cobleskill, County of Schoharie, 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 Cobleskill, County of Schoharie, 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 of the Town 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.
Authority of Animal Shelter of Schoharie Valley, Inc., to issue
dog licenses on behalf of the Town. The Town hereby authorizes Animal
Shelter of Schoharie Valley, Inc., acting by its manager to provide,
accept and grant an application for a dog license made by a resident
of the Town at the time of the adoption of a dog from Animal Shelter
of Schoharie Valley, Inc., provided that such application is made
in accordance with this article and the license fee, any additional
fee and surcharge shall be remitted to Town Clerk of the Town on or
before the third day of the month following the month in which the
license fee and additional fee and surcharge was received.
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.
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.
A.
Individual dog license fee.
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$10 for a spayed or neutered dog
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$15 for an unspayed or unneutered dog
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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. Each dog found to be unlicensed during
a Town dog enumeration shall be subject to a $5 dog enumeration surcharge
payable at the time the application is filed to license said dog.
D.
Replacement tag fee. A replacement tag fee of $2 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:
(a)
Guide dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(b)
Hearing dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(c)
Service dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(d)
War dog (as defined in Article 7 of the State Agriculture and
Markets Law).
(e)
Working search dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(f)
Detection dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(g)
Police work dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(h)
Therapy dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(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 of the Town, or by the manager
of the Animal Shelter of Schoharie Valley, Inc., a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town. 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.
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 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 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)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent 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)
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 the sum of $2
to the Town Clerk for a replacement tag.
A.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in Agriculture and Markets Law § 108
may annually make an application for a purebred license, in lieu of
or in addition to the individual licenses required by this article.
A purebred license shall be valid for a period of one-year beginning
with the first day of the month following the date of issuance and
shall be renewable annually thereafter prior to the expiration date.
B.
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and town where such
dogs are harbored; the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefore shall be made.
F.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
G.
Fees.
(1)
Fifty dollars, 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)
One hundred twenty-five dollars, 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)
Two hundred fifty dollars, 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 dog license shall be subject to an animal population
control surcharge in the amount of $3 payable at the time the dog
license application is filed.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation, of $50 for
a second violation and $75 for each subsequent violation.
[Adopted 7-8-2019 by L.L. No. 4-2019]
The purpose of this article is to promote the public welfare
and for the preservation and protection of the persons and the property
of the inhabitants of the Town by enacting regulations and restrictions
on the activities of dogs within the Town limits.
A.
It shall be unlawful and a violation of this article for any person
owning or having charge, care, custody or control of any dog to permit
such dog to be upon any private property without the permission of
the occupant of such private property, except for the property occupied
by the owner or person having charge, care, custody or control of
such dog.
B.
It shall be unlawful and a violation of this article for any person
owning or having charge, care, custody or control of any dog to permit
such dog to be upon any public property unless such dog is confined
in a vehicle or restrained by a chain or leash not exceeding eight
feet in length and in the charge of a person of sufficient ability
to control such dog effectively.
It shall be unlawful and a violation of this article for any
person owning, having charge, care, custody or control of any dog
which may be on public property to fail to clean up any dog litter
or excrement deposited by such dog as soon as is practical and to
dispose of same properly.
A.
Any dog found in violation of the provisions of Chapter 56 may be seized pursuant to the provisions of Article 7 of the Agriculture and Markets Law.
B.
The fee for the seizure and impoundment of dogs in violation of this
article or the laws of the NYS Department of Agriculture and Markets
Law are:
[Amended 9-12-2022 by L.L. No. 1-2022]
(1)
Twenty-five
dollars for the first impoundment of any dog owned by that person.
(2)
Fifty
dollars for the first 24 hours or part thereof, and $10 for each additional
24 hours or part thereof, for the second impoundment within one year
of the first impoundment, of any dog owned by that person.
(3)
One
hundred dollars for the first 24 hours or part thereof, and $10 for
each additional 24 hours or part thereof, for the third and subsequent
impoundment(s), within one year of the first impoundment, of any dog
owned by that person.
(4)
Euthanasia
fees per animal shall be that fee charged to the Town for such service.
C.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 118 of
the Agriculture and Markets Law.
D.
Seized dogs may be redeemed by the owner by the owner producing proof
of licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by the owner paying the impoundment
fees.
E.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection B of this section, whether or not such owner chooses to redeem the dog.
F.
Any dog unredeemed at the expiration of the redemption period shall
be available for adoption or euthanized pursuant to the provisions
of said section.
G.
All impoundment fees shall be the property of the Town of Cobleskill.
H.
The Dog Control Officer or any peace officer shall seize any unlicensed
dog, whether on or off the owner's premises, or any dog not wearing
a tag, not identified and which is not on the owner's premises.
I.
Any dog found in violation of Chapter 56 shall be kept and disposed of in accordance with the provision of Article 7 of Agriculture and Markets Law.
J.
The Dog Control Officer or peace officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation. Such violation should be considered a petty offense
and not a misdemeanor.
Any person who observes a dog in violation of this article may
file a written complaint with the Town Dog Control Officer specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Such complaint may serve as the basis for enforcing the provisions
of this article.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
for a first offense of not more than $25; a fine of not more than
$50 for a second offense within the preceding five years; a fine of
not more than $100 for a third or more offenses within the preceding
five years or imprisonment for a period not exceeding 15 days.
It shall be unlawful for any dog owner or person having possession,
custody or control of any dog to allow such dog to defecate on public
or private property unless each dog owner or person having possession,
custody or control of such dog immediately removes any feces left
by the dog on any sidewalk, gutter, street, grassy area between the
street and sidewalk, park, schoolyard or other public or private property
and disposes of same in a safe and sanitary manner.
If any part of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
This article shall take effect upon filing with the New York
State Secretary of State's office.
