[Adopted 11-9-2010 by L.L. No. 8-2010[1]]
[1]
Editor’s Note: This local law also superseded former
Art. II, Dog License Fees, adopted 12-8-1988 by L.L. No. 6-1988.
The Town Board of the Town of Copake finds it necessary to enact
an article to address the licensing of dogs in lieu of' the State
of New York's recent mandate that dog licensing become a local
government function on January 1, 2011. The purpose of this article
is to provide for the licensing and identification of dogs, the control
and protection of the dog population and the protection of person,
property, and domestic animals from dogs.
This article is adopted pursuant to § 10 of the Municipal
Home Rule Law and New York Agriculture and Markets Law Part T of Chapter
59 of the Laws of 2010.[1]
[1]
Editor's Note: Chapter 59, Part T, of the Laws of 2010
amended Article 7 of the Agriculture and Markets Law, effective 1-1-2011.
As used in this article, the following terms shall have the
meanings indicated:
Person having possession or guardianship of any dog who is
not the owner of the dog.
Includes male and female, licensed and unlicensed members
of the species Canis familiarias.
Any individual appointed by the Town of Copake to enforce
any and all New York State Agriculture and Markets Laws and local
laws regulating animals, including dogs.
To provide food and/or shelter to any dog.
Tag issued by the Town of Copake which sets forth the identification
number assigned to a specific dog and such other information as the
Town of Copake deems appropriate.
Any dog carrying an identification tag as required by this
article.
The expiration date as noted on the dog license issued by
the Town of Copake.
Any person who harbors or keeps a 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. Any person owning or
harboring a dog for a period of one week in the Town of Copake shall
be held and deemed the owner of such dog for purposes of this article.
The Clerk of the Town of Copake, where dog licenses are validated
or issued pursuant to this article.
A.
All dogs within the Town of Copake 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 Town Clerk
or the Dog Control Officer, a dog license application together with
required supporting documentation, the license application fee, any
applicable license surcharges and such additional fees as may be established
by the Town of Copake. 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 must
be renewed prior to the expiration date thereof. In no event shall
a license or renewal be issued to expire after the expiration date
of the rabies vaccination provided by the owner. The Town of Copake
hereby specifically opts out of the option to allow any licensed chapter
of the Humane Society to issue licenses within the Town.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
C.
All licenses shall expire on the last day of the last month for which
it is issued.
D.
The owner of any dog shall notify the Town Clerk of a change of address,
ownership, death or loss of their licensed dog.
E.
Upon the submission of a dog license application, all required documentation
and payment of the required license fee, a Town of Copake dog license
identification tag will be provided to the owner of the dog. The identification
tag must be affixed to a dog collar and worn by the dog at all times.
F.
For those owners who fail to renew a dog license, the Dog Control
Officer shall mail a late renewal fee invoice and warning that failure
to renew the license, within a specified time, shall result in the
issuance of a court appearance ticket. The late renewal of an expired
dog license shall result in a fine of $5.
G.
Any dog harbored within the Town of Copake which is owned by a resident
of New York City and licensed by the City of New York, or which is
owned by a nonresident of New York 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.
A.
It shall be a violation, punishable as provided in Subsection C of this section, 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 owner to fail to renew a dog license on or before the license
expiration date;
(4)
Any person to knowingly affix to any dog any false or improper
identification tag;
(5)
Any owner or custodian of any dog to fail to confine, restrain
or present such dog for any lawful purpose pursuant to this article;
(6)
Any person to furnish any false or misleading information on
any form required to be filed with the Town of Copake pursuant to
this article;
B.
It shall be the duty of the Dog Control Officer to bring an action
against any person who has committed any violation set forth in this
article pursuant to the Penal Law of the State of New York. Every
Dog 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 dog
control officer of the Town of Stuyvesant 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 or any local law or ordinance promulgated pursuant
thereto.
C.
A violation of this section shall be punishable as follows:
(1)
By a fine of not less than $50 nor more than $250, except, that:
(2)
When the person was found to have violated any part of this
section within the preceding five years, the fine may be not less
than $100 nor more than $250; and
(3)
Where the person was found to have committed two or more such
violations of any part of this section within the preceding five years,
the fine may be not less than $150 nor more than $400.
A.
Any dog control officer or peace officer, acting pursuant to his
special duties, or police officer in the employ of or under contract
to the Town of Copake shall seize:
(1)
Any dog which is not identified and which is not on the owner's
premises;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any licensed dog which is not in the control of its owner or
custodian or not on the premises of the dog's owner or custodian,
if there is probable cause to believe the dog is dangerous;
(4)
Any dog found to be without vaccination for rabies; and
(5)
Any dog which poses an immediate threat to the public safety.
B.
Any dog control officer in the employ of or under contract to the
Town of Copake may seize any dog in violation of this article or any
other local law of the Town of Copake 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.
Each dog which is not identified, whether or not licensed, shall
be held for a period of at least five days from the day seized, during
which period the dog may be redeemed by its owner, provided that such
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this article and further provided that
the owner pays the following impoundment fees:
(1)
The costs associated with the shelter, feeding, and care of
the dog, plus an impoundment fee of $25 for the first impoundment
of any dog owned by that person;
(2)
The costs associated with the shelter, feeding, and care of
the dog, plus an impoundment fee of $50 and $25 for each additional
24 hours or part thereof for the second impoundment, within one year
of the first impoundment, of any dog owned by that person; or
(3)
The costs associated with the shelter, feeding, and care of
the dog not less than $100 for the first 24 hours or part thereof
and $25 for each additional 24 hours or part thereof for the third
and subsequent impoundments, within one year of the first impoundment,
of any dog owned by that person.
E.
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 the impoundment fees prescribed in § 85-10.5D(1) through (3) of this article and by producing proof that the dog has been duly licensed.
[Amended 3-8-2018 by L.L. No.
2-2018]
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption.
Establishment of the fact or facts that the owner of a dog failed
to properly license and identify his/her dog as licensed shall be
presumptive evidence that the owner or person harboring said dog is
not in compliance with the provisions of this article.
Any person who shall interfere with or obstruct any animal control
officer, police officer and any officer or agent of a duly incorporated
Society for the Prevention of Cruelty to Animals shall be guilty of
a misdemeanor, punishable by imprisonment for not more than one year
or by a fine of not more than $1,000 or both.
