[HISTORY: Adopted by the Town Board of the Town of Haverstraw 12-13-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 72.
Title: the title of this chapter shall be "Dog Licensing and
Control Law of the Town of Haverstraw, County of Rockland."
This chapter is enacted pursuant to the provisions of (Chapter
59; Part T of the Laws of 2010[1]) Article 7 of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
[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.
The Town Board of the Town of Haverstraw, County of Rockland,
hereby finds and declares that the purpose of this chapter is to provide
for the licensing and identification of dogs.
A.
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.
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 chapter, as amended by
this chapter, 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 chapter.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
(A person) An individual who maintains a residence within
the Town of Haverstraw, County of Rockland, 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 Haverstraw, County of Rockland, State of New
York.
A.
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 laws of the Town.
B.
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.
The owner of each dog required to be licensed shall obtain proof
of rabies and spay/neutered certificate along with any applicable
license surcharges and such additional fees as may be established
by the Town.
Authority of Hi-Tor Animal Care Center, Inc., to issue dog licenses
on behalf of the Town: The Town hereby authorizes Hi-Tor Animal Care
Center, Inc., acting by its manager, to provide, accept and grant
an application for a dog license made by a resident of the Town at
the time of the adoption of a dog from Hi-Tor Animal Care Center,
Inc. provided that such application is made in accordance with this
chapter and the license fee, any additional fee and surcharge shall
be remitted to Town Clerk of the Town of Haverstraw within three days
in which the application, license fee and additional fee and surcharge
was received.
Any dog harbored within the Town 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 the State of New York, shall for a period of 30 days be exempt
from the licensing and identification provisions of this chapter.
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 chapter 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.
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.
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.
D.
Fee exemptions.
(1)
There shall be no fee for any license issued for the following:
(a)
Guide dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(b)
Hearing dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(c)
Service dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(d)
War dog (as defined in Article 7 of the State Agriculture and
Markets Law);
(e)
Working search dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(f)
Detection dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(g)
Police work dog (as defined in Article 7 of the State Agriculture
and Markets Law);
(h)
Therapy dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(2)
Proof of the above exemptions must be submitted in writing.
(3)
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 Clerk.
A.
Upon validation by the Town Clerk of the Town or by the manager of
the Hi-Tor Animal Care Center, Inc., a dog license shall be issued
and a record of its issuance retained in the office of the Town Clerk
of the Town. Such record shall be made available upon request to the
State Commissioner of Agriculture and Markets, or successor thereof.
B.
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. A license cannot be transferred to another dog.
C.
Change of ownership, lost or stolen dogs.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
(2)
In the event of a change in ownership of any dog which 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)
If any dog which 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)
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.
Identification tag.
(1)
The Town Clerk shall assign a Town identification number to a dog
when it is first licensed. Such identification number shall be carried
by the dog on an identification tag which shall be affixed to the
collar of the dog at all times.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
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)
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.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay the sum
of $3 to the Town Clerk for a replacement tag.
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 chapter.
A violation of this chapter shall be punishable, subject to
such an election, either:
A.
Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25, except that:
(1)
Where the person was found to have violated this chapter or former
Article 7 of this chapter within the preceding five years, the fine
may be not less than $50; and
(2)
Where the person was found to have committed two or more such 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
B.
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(1)
When the person was found to have violated this chapter or article
within the preceding five years, the civil penalty may be not less
than $50; and
(2)
Where the person was found to have committed two or more such violations
within the preceding five years, the civil penalty may be not less
than $100.
This chapter shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this chapter,
null and void.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this chapter.
This chapter shall be effective January 1, 2011, after filing
with the Secretary of State.