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.
DETECTION DOG
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.
DOG
Male and female, licensed and unlicensed, member of the species
Canis familiaris.
GUIDE DOG
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.
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 New York State during the period such
dog is being trained or bred for such purpose.
IDENTIFICATION TAG
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.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
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.
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.
RESIDENT
An individual who maintains a residence within the Town of
Schaghticoke.
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 during the
period such dog is being trained or bred for such purpose.
TOWN
The Town of Schaghticoke.
WAR DOG
Any dog which has been honorably discharged from the United
Stares Armed Services.
WORKING SEARCH DOG
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.
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:
(1) Spayed or neutered dog: $4.
(2) Unspayed or unneutered dog: $10.
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.")
(1) Unspayed/unneutered surcharge. In addition to the license fee established by §
57-16 of this article, each applicant for a dog license shall pay a surcharge of $3 if the dog to be licensed is not spayed or neutered.
(2) Spayed/neutered surcharge. In addition to the license fee established by §
57-16 of this article, each applicant for a dog license shall pay a surcharge of $1 if the dog sought to be licensed is spayed or neutered.
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).
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.
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:
A. First offense: the same impoundment and euthanasia (if applicable)
fees per dog that are charged to the Town for such service.
B. Second (and each subsequent) offense: $60 plus the impoundment and
euthanasia fees per dog.
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.