[Adopted 12-8-2010 by L.L. No. 9-2010[1]]
[1]
Editor’s Note: This local law also superseded former
Art. II, Licensing of Dogs, adopted 9-22-1980, as amended.
Unless otherwise stated in the section where the term is used
in this article, the meaning of terms used in this article shall be
as stated below. When not inconsistent with the context, the present
tense shall include the future, and words used in the plural shall
include the singular and vice versa. For the purposes of this article,
"shall" is mandatory; "may" is permissive.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Male and female, licensed and unlicensed, member of the species
Canis familiaris.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within New York State during the
period such dog is being trained or bred for such purpose.
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 New York State during the period such
dog is being trained or bred for such purpose.
A tag issued by the Town Clerk or its designee which sets
forth the identification number together with the name of the Town
and State of New York, the telephone number of the Town Clerk, and
any other information deemed necessary by the Town Clerk or its designee.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to this article, except that, if any license is issued on application
of a person under eighteen years of age, the owner of record shall
be deemed to be the parent or guardian of such person. If it cannot
be determined in whose name any dog was last licensed or if the owner
of record has filed a statement pursuant to the provisions of Article
7 of the New York State Agriculture and Markets Law, the owner shall
be deemed to be the owner of record of such dog, except that, if the
owner is under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
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.
An individual who maintains a residence within the Town of
Schaghticoke.
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.
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 during the
period such dog is being trained or bred for such purpose.
The Town of Schaghticoke.
Any dog which has been honorably discharged from the United
Stares Armed Services.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the New York State Department of Agriculture and Markets; provided,
however, that such services provided by said dog shall be performed
without charge or fee.
An owner of a dog four months of age or over in the Town shall
obtain a current license for said dog and shall place and keep on
such dog a collar to which shall be securely attached a valid identification
tag for that dog in accordance with the requirements of the Agriculture
and Markets Law of the State of New York, including subsequent amendments,
changes and successor laws and this article.
A.
An owner of a dog four months of age or over in the Town in accordance
with the requirements of the Agriculture and Markets Law of the State
of New York shall be required to have the dog vaccinated to prevent
the spread of rabies.
B.
Section 57-13A shall not apply to dogs brought into the Town for a period not to exceed 15 days; dogs confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals; dogs confined to the premises of public or private hospitals devoted to the treatment of sick animals; dogs confined to the premises of educational or research institutions for the purpose of research; or dogs confined to the premises of a person licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act engaged in the business of breeding or raising dogs for profit.
C.
Section 57-13A shall not apply to any dog whose health would be adversely affected by a rabies vaccination, provided that a written statement, certified by a duly licensed veterinarian, specifying such condition is presented to the Town Clerk or its designee and filed with the Town Clerk's office.
D.
An owner of a dog who willfully fails or refuses to submit said dog
for vaccination within 10 days after a request by the dog Control
Officer, police officer, health officer or Town Clerk shall be subject
to penalties provided for in this article.
A.
No license is required for any dog:
(1)
Under the age of four months and which is not at-large; or
(2)
Residing in a pound or shelter maintained by or under contract by
the Town, Rensselaer County or State of New York, or a duly incorporated
society for the prevention of cruelty to animals, or a duly incorporated
humane society or duly incorporated dog protective services.
B.
No license is required of a dog confined to a public or private hospital
devoted solely to the treatment of sick animals, or confined for the
purpose of research by any college or other educational or research
institution.
A.
Applications for a license or a renewal thereof shall be accompanied
by a nonrefundable processing fee of $4 for a spayed or neutered dog
and $10 for a dog that is not spayed or neutered. Excepted from payment
of the licensing fee are applications submitted for a dog license
for any guide, hearing, service, war, working search, detection, police
and therapy dogs. All dog licenses may be purchased by visiting the
Town Hall or a designated place in the future. The Town Clerk may
designate one or more pounds or shelters that are under contract with
the Town or Rensselaer County to issue licenses in accordance with
procedures established by the Town Clerk. An application for a license
or renewal shall be on the form prescribed by the Town and shall provide
for the following minimum information:
(1)
The name, residence address and telephone number of each owner; and
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog; and
(3)
State whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk or its designee to effectuate the purpose of this article.
B.
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof a statement certified by a licensed veterinarian that because
of the dog's age or other reason, the life of the dog would be
endangered by the administration of the vaccine.
C.
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
or a sworn affidavit signed by the owner in the form acceptable to
the Town Clerk or its designee showing that the dog has been spayed
or neutered, except that such certificate or affidavit is not required
if same is already on file with the Town Clerk In lieu of the spay
or neuter certificate, an owner may present a statement certified
by a licensed veterinarian stating that he or she 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 as a spayed or neutered
dog.
D.
No individual under the age of 18 years shall be deemed an owner
of record and be issued a dog license.
All fees will be used in funding the administration of the dog
Licensing And Control Law of the Town of Schaghticoke.
A.
License fee (Revenues derived from this fee shall be the sole property
of the Town of Schaghticoke and may be used only for controlling dogs
and enforcing Article 7 of the New York State Agriculture and Markets
Law and this article:
B.
Surcharge. (Surcharge is remitted to New York State Department of
Agriculture and Markets for deposit by the State Comptroller into
the "population control fund.")
C.
Replacement of lost tag: $3.
D.
Enumeration fee. In addition to the license fee imposed by § 57-16 of this article, each applicant for a dog license shall pay a surcharge of $1 which shall be retained by the Town of Schaghticoke and used to defray the cost of an enumeration of dogs living within the Town of Schaghticoke and the cost of providing replacement identification tags.
E.
Purebred license: Surcharge of $3 (monies to be forwarded to administrator
of New York State's Animal Population Control Program).
A.
Upon validation by the Town Clerk or its designee, a dog license
shall be issued to the owner and a record of its issuance retained
in the office of the Town Clerk. Such records shall be made available
to the Commissioner of the New York State Department of Agriculture
and Markets pursuant to New York State Agriculture and Markets Law.
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.
Identification number; replacement tag.
(1)
The Town Clerk or its designee shall assign an 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, except that the tag is not
required to be worn while the dog is participating in a dog show.
(2)
No tag carrying an identification number shall be affixed to the
collar of any other 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 or its designee for a replacement tag.
All licenses shall be issued for a period of one year. All licenses
issued pursuant to this article, and any renewal thereof shall expire
on the last day of the month of the period for which they are issued,
except that no license or renewal shall be issued for a period expiring
after the expiration date of the current rabies certificate for the
dog being licensed and/or the expiration date of the certified statement
by a licensed veterinarian, in lieu of a rabies certificate. The Town
Clerk may require an updated rabies certificate and/or updated statement
certified by a licensed veterinarian with an expiration date after
the termination of the license prior to renewing or issuing a license.
A.
Change in owner or address. In the event of a change in ownership
of any dog which has been licensed pursuant to this article or change
of address of the owner of record of any dog, the owner of record
shall, within 10 days of the change, file with the Town Clerk or its
designee a written notification of such change. Such owner of record
shall be liable for any violation of this article until such filing
is made or until the dog is licensed in the name of the new owner.
B.
Lost or stolen dog. If any dog which has been licensed is lost or
stolen, the owner of record shall, within 10 days of discovery of
such loss or theft, file with the Town Clerk or its designee a written
notification of such event. In the case of loss or theft, the owner
of record shall not be liable for any violation of this article committed
after such notification has been made.
C.
Death of dog. In case of the death of a licensed dog, the owner of
record shall notify the Town Clerk or its designee of the dog's
death within 10 days from the date of death of the dog.
Pursuant to New York State Agriculture and Markets Law, all
money and penalties collected by the Town for violation of this article
remain the property of the Town. The money can be used for dog control
purposes, funding low-cost spay/neuter programs and subsidizing humane
education programs.
In addition to the provisions of Article I, the dog Control Officer or police officer shall seize any dog that:
A.
Is not licensed, whether the dog is located on or off the owner's
property; or
B.
Is licensed but is not in control of the dog's owner, or not
on the property of the dog's owner, if there is a probable cause
to believe that the dog is dangerous; or
C.
Is, in the opinion of the Dog Control Officer or police officer,
posing an immediate threat to the public safety.
The fee for seizure and impoundment of dogs in violation of
this article or the Laws of the New York State Department of Agriculture
and Markets are as follows:
Any person convicted of a violation of this Article II shall be liable for a civil penalty of $50 for the first violation; of $75 for a second violation; and $100 for each subsequent violation.
