[Adopted 2-7-2002 by Ord. No. 1713; amended
in its entirety 12-2-2010 by L.L.
No. 4-2010]
The purpose of this article is to adopt the
amendments to Article 7 of the New York State Agriculture and Markets
Law by Part T of Chapter 59 of the Laws of 2010 to provide for the
licensing and identification of dogs, the control and protection of
the dog population and the protection of persons, property, and domestic
animals from dog attack and damage.
A.
Any dog harbored within the City of Watervliet which is owned by
a resident of New York City or licensed by the City of New York, or
which is owned by a nonresident of New York State and licensed by
a jurisdiction outside of the State of New York, shall for a period
of 30 days be exempt from the licensing and identification provisions
of this article.
B.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered, or any cat.
Any individual appointed by the City of Watervliet to assist
in the enforcement of this article or any ordinance relating to the
control of dogs.
The Clerk of the City of Watervliet where licenses are validated
or issued pursuant to this article.
The State Commissioner of Agriculture and Markets.
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.
Any member of the species Canis familiaris.
Any domesticated 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.
To bring about death by a humane method.
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 the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any 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 the state during the period such dog
is being trained or bred for such purpose.
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the State of New York, contact information, including telephone number,
for the municipality and such other information as the licensing municipality
deems appropriate.
Any dog carrying an identification tag.
The City of Watervliet.
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 18 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 § 112 of this article,[1] 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 individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
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.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner.
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.
Any dog which has been honorably discharged from the United
States 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 department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
A.
All dogs within the City of Watervliet four months of age or older,
unless otherwise exempted, shall be licensed. The owner of each dog
required to be licensed shall obtain, complete, and return to the
City Clerk a dog license application together with the license application
fee, any applicable license surcharges and such additional fees as
may be established by the City of Watervliet. 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. The City Clerk shall make or cause to be made from
such statement a record of such information and shall file such record
with a copy of the license. Such records shall be made available to
the Commissioner upon request for rabies and other animal disease
control efforts. Each license issued shall be valid for a period of
one year and shall not be transferable.
B.
The application shall state the sex, actual or approximate age, breed,
color, and municipal identification number of the dog, and other identification
marks, if any, and the name, address, telephone number and address
of residence of the owner.
C.
In the case of a spayed or neutered dog, every application shall
also be accompanied by 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 Clerk or authorized
dog control officer. In lieu of the spay or neuter certificate, an
owner may present a statement certified by a licensed veterinarian
stating that he 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 as set forth in this article.
D.
Upon validation by the City Clerk, the application shall become a
license for the dog described therein. The City Clerk shall:
A.
The City of Watervliet hereby establishes the fee for a dog license
issued pursuant to this article at $7.50 for spayed or neutered dogs
and $15.50 for unspayed or unneutered dogs. All revenue derived from
such fees shall be the sole property of the City of Watervliet and
shall be used only for controlling dogs and enforcing this article.
B.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide dog, hearing dog, service dog, war
dog, working search dog, detection dog, police work dog or therapy
dog. 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 City Clerk.
C.
In addition to the license fee established by this article, each
applicant for a dog license shall pay a surcharge of $1 if the dog
to be licensed is altered, or a surcharge of $3 if the dog sought
to be licensed is unaltered. The City Clerk shall remit such surcharge
to the New York State Department of Agriculture and Markets for transmittal
to the State Comptroller for deposit in the animal population control
fund.
D.
In addition to the license fee imposed by this article, each applicant
for a dog license shall pay a surcharge of $5 which shall be retained
by the City of Watervliet and used to defray the costs of an enumeration
of dogs living within the City of Watervliet and the cost of providing
the replacement of identification tags.
A.
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, provided that a dog participating in a dog show shall be exempt from the identification requirements of § 111 of the Agriculture and Markets Law during such participation.
B.
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.
C.
The City Clerk offering a license for any guide dog, service dog,
hearing dog or detection dog shall issue a special tag for identifying
such dog, provided that such tag shall be in addition to the identification
tag required by this article. The City Clerk shall prescribe the shape,
size, color, and form of imprint of the tag which shall be a different
color and shape than the standard identification tag.[1]
[1]
Editor’s Note: Former Subsection D, the fee for identification
tag replacement, which immediately followed this subsection, was repealed
4-7-2016 by L.L. No. 2-2016.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the City Clerk a written report 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.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the City Clerk a written report of
such loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the City Clerk either prior to renewal of licensure or upon the time
of such renewal.
A.
Every animal control officer shall have the power to issue an appearance
ticket pursuant to § 150.20 of the Criminal Procedure Law,
to serve a summons and to serve and execute any other order or process
in the execution of the provisions of this article. In addition, any
animal control officer or any peace officer, when acting pursuant
to his special duties, or police officer who is authorized by a municipality
to assist in the enforcement of this article may serve any process,
including an appearance ticket, a uniform appearance ticket and a
uniform appearance ticket and simplified information, related to any
proceeding, whether criminal or civil in nature, undertaken in accord
with the provisions of this article
B.
Every animal control officer, peace officer, when acting pursuant
to his special duties, or police officer shall promptly make and maintain
a complete record of any seizure and subsequent disposition of any
dog. Such record shall include, but not be limited to, a description
of the dog, the date and hour of seizure, the official identification
number of such dog, if any, the location where seized, the reason
for seizure, and the owner's name and address, if known.
C.
Every animal control officer shall file and maintain such records
for not less than three years following the creation of such record,
and shall make such reports available to the Commissioner upon request.
D.
The animal control officer shall ascertain and list the names of
all persons in the City of Watervliet owning or harboring dogs.
A.
Any animal control officer or peace officer, acting pursuant to his
special duties, or police officer shall seize:
B.
Any animal control officer or peace officer, acting pursuant to his
special duties, or police officer may seize any dog in violation of
this article or any ordinance relating to the control of dogs,
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
The owner of any dog which is not identified and impounded by the
City of Watervliet shall be entitled to redeem that dog within five
business days, excluding the day the dog is impounded, provided that
the owner produces proof that the dog is licensed and identified and
pays a fee of $70 a day for each day the dog is impounded.
[Amended 3-20-2014 by L.L. No.
2-2014; 5-7-2015 by L.L. No. 3-2015; 4-7-2016 by L.L. No. 2-2016; 4-4-2019 by L.L. No. 3-2019]
E.
All impoundment fees shall be the property of the City of Watervliet and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under § 116 of the Agriculture and Markets Law used therefor, and subsidizing public humane education programs in responsible dog ownership.
F.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such dog shall be held for a
period of seven days after day of notice, during which period the
dog may be redeemed by the owner. If such notification is made by
mail, such dog shall be held for a period of nine days from the date
of mailing, during which period the dog may be redeemed by the owner.
In either case, the owner may redeem such dog upon payment of a fee
of $70 a day for each day the dog is impounded and by producing proof
that the dog has been licensed.
[Amended 3-20-2014 by L.L. No.
2-2014; 5-7-2015 by L.L. No. 3-2015; 4-7-2016 by L.L. No. 2-2016; 4-4-2019 by L.L. No. 3-2019]
A.
It shall be a violation, punishable as provided in this article,
for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide service or hearing
dogs;
(4)
Any person to furnish false or misleading information on any form
required to be filed with the City of Watervliet pursuant to the provisions
of this article or rules and regulations promulgated thereto;
(5)
Any owner of a dog to fail to notify the City of Watervliet in which
his or her dog is licensed of any change of ownership or address as
required by this article.
B.
It shall be the duty of the animal control officer of the City of Watervliet to bring an action against any person who has committed within the City of Watervliet any violation set forth in Subsection A. The City of Watervliet may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty. A violation of Subsection A shall be punishable, subject to such election, either:
(1)
Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25, except that:
(a)
Where the person was found to have violated this section or
former Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine may not be less than $50, and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not less than $100 or imprisonment for not more than 15 days, or
both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(a)
When the person was found to have violated this section or Article
7 of the Agriculture and Markets Law within the preceding five years,
the civil penalty may not be less than $50; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, the civil penalty may not be less
than $100.
C.
A defendant charged with a violation of any provision of this article
may plead guilty to the charge in open court. He or she may also submit
to the Magistrate having jurisdiction, in person, by duly authorized
agent, or by registered mail, a statement 1) that he or she waives
arraignment in open court and the aid of counsel; 2) that he or she
pleads guilty to the offense charged; 3) that he or she elects and
requests that the charge be disposed of and the fine or penalty fixed
by the court; 4) of any explanation that he or she desires to make
concerning the offense charged; and 5) that he or she makes all statements
under penalty of perjury. Thereupon, the Magistrate may proceed as
though the defendant has been convicted upon a plea of guilty in open
court; provided, however, that any imposition of fine or penalty hereunder
shall be deemed tentative until such fine or penalty shall have been
paid and discharged in full. If upon receipt of the aforesaid statement
the Magistrate shall deny the same, he or she shall thereupon notify
the defendant of this fact, and that he or she is required to appear
before the Magistrate at a stated time and place to answer the charge
which shall thereafter be disposed of pursuant to the applicable provisions
of law.
D.
Any person who intentionally refuses, withholds, or denies a person,
because he or she is accompanied by an on-duty police work dog, working
search, war, or detection dog as defined in this article, any accommodations,
facilities, or privileges thereof shall be subject to a civil penalty
of up to $200 for the first violation and up to $400 for each subsequent
violation.
All moneys collected as fines or penalties by the City of Watervliet as a result of any prosecution for violations of the provisions of this article and all bail forfeitures by persons charged with such violations shall be the property of the City of Watervliet and shall be paid to Watervliet City Court. Such moneys shall be used only for controlling dogs and enforcing the local law, including subsidizing the spaying or neutering of dogs and any facility as authorized under § 116 of the Agriculture and Markets Law used thereof, and subsidizing public humane education programs responsible for dog ownership.
If any section of this article or the application thereof to
any person, circumstance or property shall be adjudged invalid by
a court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered
and shall not affect or invalidate the remainder of any provision
of any section or the application of any part thereof to any other
person, circumstance or property, and, to this end, the provisions
of each section of this article are declared to be severable.
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed to the extent necessary to give
this article full force and effect.
