[HISTORY: Adopted by the Town Board of the
Town of Clinton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-9-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This local law also superseded former Art.
I, Licensing of Dogs, adopted 11-13-1979 by L.L. No. 3-1979, as amended,
and former Art. II, Control of Dogs, adopted 3-11-1980 by L.L. No.
1-1980, as amended.
The purpose of this article is to promote the health and general
welfare of the community and to provide for the licensing and identification
of dogs, the control and protection of the dog population, and the
protection of person, property, domestic animals, and deer from dog
attack and damage.
[Amended 9-13-2011 by L.L. No. 1-2011]
A.
All dogs
within the Town of Clinton four months of age or older, unless otherwise
exempted shall be licensed.
B.
The owner
of each dog required to be licensed shall obtain, complete and return
to the Town Clerk of the Town of Clinton a dog license application
together with the license application fee, any applicable license
surcharges, and such additional fees and charges as may be established
by the Town of Clinton, except that the owner of one or more purebred
dogs registered by a recognized registry association as defined in
the New York Agriculture and Markets Law § 108 may annually
make an application for a purebred license, in lieu of or in addition
to the individual licenses required by this article. Each license
application and license renewal application shall be accompanied by
a current certificate of rabies vaccination or a statement from a
licensed veterinarian that such vaccination would endanger the dog's
life in which case vaccination shall not be required.
C.
Each license
or renewal license issued shall be valid for a period of one year
and shall not be transferrable. A purebred license shall be valid
for a period of one year beginning with the first day of the month
following the date of issuance and shall be renewable annually thereafter
prior to the expiration date and the purebred license shall not be
transferrable and, upon a change of ownership of any dog licensed
under a purebred license, such dog shall become subject to the licensing
provisions of this article, except when the new owner holds a valid
purebred license.
D.
At the time
of the application, the owner of the dog must provide the name of
the dog, the sex of the dog, the actual or approximate age of dog,
the breed of the dog, the primary and secondary colors of the dog,
any identifying markings or tattoos on the dog, the physical and mailing
address of the dog owner and a working phone number for the dog owner,
except that the purebred dog application shall list the name, address
and telephone number of the owner, the county and town where such
dogs are harbored, the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises, and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The purebred dog license application shall
also include a statement by the owner that all purebred dogs over
the age of four months which are harbored on the premises have been
listed. The Town Clerk may also require additional information on
any dog applications as deemed appropriate.
E.
In the case
of a spayed or neutered dog, the owner of said dog must provide a
certificate, signed by a licensed veterinarian, showing that the dog
has been spayed or neutered.
F.
No license
shall be issued by a shelter, or any other entity, on behalf of the
Town of Clinton.
G.
Dog licenses
issued by another agency, municipality or shelter will not be recognized
by the Town of Clinton for a dog harbored in the Town of Clinton.
The Town of Clinton does not credit unexpired terms of licenses issued
by another municipality.
H.
The Town
Clerk shall provide the dog owner with a copy of the dog license and
retain a copy in the Town Clerk's Office in accordance with the New
York State Archives Records Retention and Disposition Schedule, MU-1
or such other similar or replacement forms as provided by law, except
that for purebred dog licenses, the Town Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefore shall be made. The Town Clerk shall:
[1]
Editor's Note: This local law also superseded former Art.
I, Licensing of Dogs, adopted 11-13-1979 by L.L. No. 3-1979, as amended,
and former Art. II, Control of Dogs, adopted 3-11-1980 by L.L. No.
1-1980, as amended.
[Amended 9-13-2011 by L.L. No. 1-2011]
The licensing fee for dogs and all other charges, surcharges
and fees are as set forth from time to time by resolution of the Town
Board.[1] All fees, charges and surcharges paid to the Town of Clinton
are nonrefundable.
[1]
Editor's Note: The current fee schedule is on file in the
Town offices.
A.
In the event
of a change of ownership of any dog which has been licensed pursuant
to this article, or in the change of address of the owner of record
of any such dog, the owner of record shall, within 10 days of the
change, notify the Town Clerk.
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 the
loss or theft, notify the Town Clerk. The owner of record of any such
dog shall not be liable for any violation of this chapter committed
after such notification.
C.
In the case
of a dog's death, the owner of record shall notify the Town Clerk
either prior to or at the time the renewal of licensure is due.
[Amended 9-13-2011 by L.L. No. 1-2011]
A.
Each dog
licensed in the Town of Clinton shall be issued a serialized identification
tag, except in the case of purebred dog licenses. Such identification
tag shall be affixed to the collar of such dog at all times.
B.
No tag carrying
a Town of Clinton issued identification number shall be affixed to
the collar of any dog other than the one to which that number has
been assigned.
It shall be unlawful for any owner of or any
person harboring any dog in the Town of Clinton to permit or allow
such muzzled or unmuzzled dog to:
A.
Engage in habitual loud howling or barking or to conduct
itself in such a manner so as to habitually annoy any person other
than the owner or owners harboring such dog.
B.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or persons
harboring such dog.
C.
Chase or otherwise harass any person, except on property
of its owner, in such manner as reasonable to cause intimidation or
to put such person in reasonable apprehension or bodily harm of injury.
D.
Habitually chase or bark at motor vehicles, motorcycles,
bicycles and horses.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to the premises of such person
during such period.
Any unlicensed or untagged dog found to be running
at large in violation of § 118 of the New York Agriculture
and Markets Law shall be seized, and such dog be properly fed and
cared for until disposed of as provided by § 117 of the
New York Agriculture and Markets Law.
The Dog Control Officer, as designated by the
Town Board as provided by law, may enforce the provisions of this
article and may also investigate and report to a Town Justice of the
Town of Clinton any dangerous dog as described in § 123
of the New York Agriculture and Markets Law, and to see that the order
or orders of the Town Justice in such case are carried out.
Any person who observes a dog in violation of
this article may file a complaint under oath with the Dog Control
Officer specifying the nature of the violation, the date thereof,
a description of the dog and the name and residence, if known, of
the owner of such dog. Upon execution of such complaint, the Dog Control
Officer is empowered to issue an appearance ticket and to cause service
of the same upon said owner directing the appearance of said owner
in the Justice Court of the Town of Clinton on a designated date to
be arraigned upon such complaint. The form of such appearance ticket
shall be that prescribed by Criminal Procedure Law Article 150.
A violation of this article shall be deemed
an offense, and any person convicted of a violation hereof after investigation
and hearing shall be liable for such penalty or penalties as may be
prescribed by the Agriculture and Markets Law.
Pursuant to § 117 of the New York
Agriculture and Markets Law, the owner of any dog seized by the Dog
Control Officer pursuant to this article shall pay impoundment fees
are as set forth from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: The current fee schedule is on file in the
Town offices.
Pursuant to § 117 of the New York Agriculture and Markets Law, promptly upon the 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 the seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of five days after the 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 day 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 the impoundment fees as set forth in § 98-13 hereof and by producing proof that the dog has been licensed.
The owner of any dog who forfeits title to any
dog pursuant to Article 7 of the Agriculture and Markets Law shall
be personally liable to the Town of Clinton for any costs incurred
by the Town of Clinton in disposing of said dog in accordance with
Article 7 of the Agriculture and Markets Law.
