[Adopted 11-9-1994 by L.L. No. 1-1994;
amended in its entirety 2-23-2022 by L.L. No. 1-2022]
This article shall be known as the "Animal Control Law of the
Town of Berne."
All terms in this article shall have the same meanings as set
forth in Article 7, § 108, of the New York State Agricultural
and Markets Law, including the following terms:
DOG
Any member of the species Canis familiaris.
DOMESTIC ANIMAL
Any domesticated dog, cat, sheep, horse, cattle, fallow deer,
red deer, sika deer, whitetail deer which is raised under license
from the Department of Environmental Conservation, llama, goat, swine,
fowl, duck, goose, swan, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under license
from the State Department of Environmental Conservation before release
from captivity, except that the varieties of fowl commonly used for
cock fights shall not be considered domestic animals for the purposes
of this article.
OWNER
Any person who harbors or keeps any domestic animals.
RUN AT LARGE
To be in or on lands within a Town park or on private lands
without the knowledge, consent and approval of the owner of such lands.
Any Town Justice of the Town of Berne shall have jurisdiction
to hear all complaints under this article and of all actions and proceedings
hereunder and of all prosecutions for the violation of this article.
[Adopted 12-29-2010 by L.L. No. 5-2010]
This article shall be entitled the "Town of Berne Dog Licensing
Law."
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59,
Part T, and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Berne, County of Albany hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
The Town does not allow the licensing of dogs by a shelter.
A shelter must send the adoptive dog owners to the Town Clerk of the
town or city where the dog will be harbored for licensing or where
the shelter is located for the purchase of the license for adoption
purposes.
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 December 31 of the year
in which it was issued regardless of the date of issuance. 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.
Licensing fees shall be as follows:
A. Individual dog license fees.
(1) There shall be a fee of $5 for a spayed or neutered dog, which includes
the animal population control surcharge of $1.
(2) There shall be a fee of $13 for an unspayed or unneutered dog, which
includes the animal population control surcharge of $3.
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 dog enumeration surcharge
of $25 payable at the time the application is filed to license said
dog.
D. Replacement tag fee. A replacement tag fee of $3 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, 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 Town Clerk.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this article.
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.