[1]
Editor's Note: This local law also provided that it would
take effect 1-1-2011.
A.Â
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.Â
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
As used in this chapter, 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 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 Town Clerk, 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 who maintains a residence within the Town of Ghent,
County of Columbia, 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 Ghent, County of Columbia, State of New York.
A.Â
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 the laws of the Town.
B.Â
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.Â
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.
If the Town Clerk is unavailable, the Town Dog Control Officer is
also authorized to issue dog licenses and shall have all of the powers
and authority of the Town Clerk in this regard. In the case where
a license is issued by the Dog Control Officer, said Dog Control Officer
shall as soon as practicable thereafter file all relevant documents
regarding such license with the Town Clerk.
Any dog harbored within the Town that is owned by a resident
of a city having a population of over 2,000,000 people and licensed
by such city, or that 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. However, any such resident shall be required
to obtain a license for any such dog prior to the end of said thirty-day
period in accordance with the 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 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.Â
Individual dog license fee. The Town Board is hereby authorized to
establish the fees for a dog license issued pursuant to this article
pursuant to a resolution which the Town Board may adopt from time
to time, and the Town Board shall further be authorized to amend or
change any such fees pursuant to subsequent resolution.
B.Â
State-mandated animal population control surcharge. 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. 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.Â
Unlicensed dog surcharge. Each dog found to be unlicensed by the
Town's Dog Control Officer in violation of this article shall
be subject to an unlicensed dog surcharge of $10, payable at the time
the application is filed to license said dog.
D.Â
Replacement tag fee. A replacement tag fee of $11 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
E.Â
Fee exemptions. There shall be no fee for any license issued for
a guide dog, hearing dog, service dog, war dog, working search dog,
detection dog, police work dog, or therapy dog, each as defined in
Article 7 of the State Agriculture and Markets Law. Each copy of any
license for such dogs shall be conspicuously marked "Guide Dog," "Hearing
Dog," "Service Dog," "War Dog," "Working Search Dog," "Detection Dog,"
"Police Work Dog," or "Therapy Dog," as may be appropriate, by the
Clerk. The owner shall show proper documentation to the Town Clerk
to confirm the proper certification for any such dog.
A.Â
Upon validation by the Town Clerk, a dog license shall be issued
and a record of its issuance retained in the office of the Town Clerk.
Such record shall be made available upon request to the State Commissioner
of Agriculture and Markets, or a representative thereof.
B.Â
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. An existing license cannot be transferred to another
dog.
C.Â
Change of ownership; lost or stolen dogs.
(1)Â
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The originally issued
identification tag shall remain the same for the life of the dog.
(2)Â
In the event of a change in ownership of any dog that 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)Â
If any dog that 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)Â
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.Â
Identification tag.
(1)Â
The Town Clerk shall assign a permanent, official Town identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag that shall be
affixed to the collar on the dog at all times.
(2)Â
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)Â
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)Â
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.
There will not be distinct purebred licenses as previously provided
for by state law. Any and all holders of existing purebred licenses
will now be required to comply with the provisions of this article.
[Amended 8-2-2012 by L.L. No. 6-2012]