Town of Manchester, NY Article II Licensing of Dogs

[Adopted 11-9-2010 by L.L. No. 1-2010[1]]

[1] Editor's Note: This local law also repealed former Art. II, Licensing of dogs, adopted 9-8-1980 by L.L. No. 1-1980 (Ch. 80, Art. II, of the 1989 Code), as amended.

§ 106-2 (Reserved)

§ 106-2.1 Title.

This article shall be known and may be cited as the "Dog Licensing Law of the Town of Manchester."

§ 106-2.2 Licensing of dogs.

All dogs in the Town of Manchester, unless otherwise exempted by New York State Agriculture and Markets Law, must be licensed with the Town Clerk of the Town of Manchester by the age of four months.

§ 106-2.3 Application.

The owner of each dog required to be licensed shall, for new applications and renewal applications, obtain, complete and return to the Town Clerk:

A. A dog license application;

B. The license application fee;

C. Any applicable license surcharges;

D. Such additional fees as may be established by the Town Board of the Town of Manchester;

E. 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;

F. In the case of a spayed or neutered dog, a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the 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 for a spayed or neutered dog.

§ 106-2.4 Identification tag.

Each dog licensed pursuant to this article shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.

§ 106-2.5 License term.

All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.

§ 106-2.6 Licenses nontransferrable.

Any license issued pursuant to this article shall not be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a new license for such dog.

§ 106-2.7 Purebred licenses.

The Town of Manchester will issue purebred licenses but will not issue separate, purebred tags.

§ 106-2.8 Guide dog, service dog, hearing dog or detection dog tag.

The Town of Manchester will not issue a special tag for identifying any guide dog, service dog, hearing dog or detection dog.

§ 106-2.9 Fees and surcharges.

The fees and surcharges for issuing dog licenses shall be fixed by the Town Board. Such fees and surcharges may from time to time be changed as the Town Board may determine. These fees and surcharges may include:

A. The license fee for a spayed or neutered dog;

B. The license fee for an unspayed or an unneutered dog (such fee having to exceed the fee for a license for a spayed or neutered dog by such amount as mandated by the New York State Agriculture and Markets Law);

C. The license fee for purebred license;

D. In addition to the license fee authorized by this article and established by the Town Board of the Town of Manchester, a surcharge for the issuance of a purebred license (such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law) for the purposes of carrying out animal population control efforts as provided in the New York State Agriculture and Markets Law;

E. In addition to the license fee authorized by this article and established by the Town Board of the Town of Manchester, a surcharge if the dog to be licensed is altered (such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law);

F. In addition to the license fee authorized by this article and established by the Town Board of the Town of Manchester, a surcharge if the dog to be licensed is not altered (such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law);

G. In addition to the license fee authorized by this article and established by the Town Board of the Town of Manchester, a surcharge to recover and defray the cost of an enumeration of dogs living with the Town of Manchester;

H. In addition to the license fee authorized by this article and established by the Town Board of the Town of Manchester, a surcharge offsetting costs associated with the provision and replacement of identification tags.

§ 106-2.10 Exemptions.

A. Excepted from payment of the license fee are applications submitted for a dog license for any of the following dogs, provided written documentation is provided with such application that certifies such dog as being any of the following:

(1) Guide dog;

(2) Hearing dog;

(3) Service dog;

(4) War dog;

(5) Working search dog;

(6) Detection dog;

(7) Police work dog; and

(8) Therapy dog.

B. A dog participating in a dog show within the Town of Manchester shall be exempt, during such participation only, from the requirement, contained in § 106-2.4 of this article and in § 111, as amended, of the New York State Agriculture and Markets Law, of wearing its identification tag.

§ 106-2.11 Penalties for offenses.

A violation of this article shall be punishable by:

A. A fine of $25 for a first violation;

B. A fine of $50 for a second violation within five years of the first violation; and

C. Where the person was found to have committed two or more such violations within the preceding five years, either a fine of $100 or imprisonment for not more than 15 days, or both.