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) Article 7 of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
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.
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.
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.