[Adopted 12-14-2010 by L.L. No. 6-2010]
New York State's dog licensing laws were significantly changed
by amendments to Article 7 of the New York Agricultural and Markets
Law. These new amendments provide for the elimination of the state's
dog licensing functions and mandates municipalities to enact local
municipal licensing of dogs. The amendments allow the municipality
to enact local laws that best suit the unique character of its administrative
structure and constituencies. This article provides for the licensing
and identification of dogs in the Town of Oyster Bay.
For the purpose of this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise:
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.
The Clerk of the Town of Oyster Bay.
Any dog that is trained and is actually used for such purpose
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.
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 Town Clerk which sets forth an identification
number, together with the name of the Town and the state, the telephone
number of the Town Clerk and any other information deemed necessary
by the Town Clerk.
Any dog carrying an identification tag as provided in this
article.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed.
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 of the State of New York.
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.
An individual who maintains a residence within the Town of
Oyster Bay.
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.
This article shall apply to all unincorporated areas of the Town
of Oyster Bay as well as any incorporated village within the Town
that has designated that applications for licensing of dogs shall
be made to the Town.
B.
Any dog harbored within the Town of Oyster Bay which is owned or
licensed by a resident of another municipality within New York State,
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 provision
of this article.
A.
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. A license shall be issued or renewed
for a period of one year, provided that at the option of the Town
Clerk, a license may be issued or renewed for a period of one, two
or three years, and provided further that 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. All licenses shall expire on the last day of the last
month of the period for which they are issued. In the event an applicant
for a license presents, in lieu of a rabies certificate, a statement
certified by a licensed veterinarian, as provided in this article,
a license shall be issued or renewed for a period of one year from
the date of said statement. The Town Clerk may establish a common
renewal date for all such licenses. A license issued by a municipality
that has established a common renewal date shall expire no later than
the common renewal date prior to the expiration date of the rabies
certificate for the dog being licensed.
B.
Application for a dog license shall be made to the Clerk of the Town
of Oyster Bay.
C.
An application for a license or renewal shall be in the form prescribed
by the Town Clerk and shall provide for the following minimum information:
(1)
The name, residence address and telephone number of each owner; and
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog; and
(3)
State whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this article.
D.
The application shall include the following:
(1)
The application shall be accompanied by the license fee in the amount
indicated in the Town of Oyster Bay Dog License Fee Schedule as approved
by the Town Board. A portion of the fee shall be paid over to the
agency designated pursuant to Article 7 of the Agriculture and Markets
Law to be used for animal population control efforts.
(2)
A certificate of rabies vaccination or statement in lieu thereof,
as required by this article. 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.
E.
Upon validation by the Clerk, the application shall become a license
for the dog described therein.
G.
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.
A.
No license shall be required for any dog which is under the age of
four months and which is not at large and which is held at a shelter
pursuant to a contract or agreement with any county, city, town, village
or duly incorporated society for the prevention of cruelty to animals,
humane society or dog protective association.
B.
There shall be no fee for any license issued 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 Clerk.
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,[1] provided that such person, firm or corporation has obtained
a certificate of exemption. Application for such certificate shall
be made annually to the Town Clerk and shall be accompanied by a fee
in the amount indicated in the Town of Oyster Bay Dog License Fee
Schedule as approved by the Town Board.
[1]
Editor's Note: See 7 U.S.C. § 2131 et seq.
D.
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.
A.
Each dog licensed pursuant to this article shall be assigned, at
the time the dog is first licensed, a permanent official 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 this requirement during such participation.
B.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
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 Town Clerk a written notification 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 Town Clerk a written notification
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.
The owner of record shall notify the Town Clerk upon the death of
any dog which has been licensed pursuant to this article. The owner
of record shall notify the Town Clerk either before or upon receipt
of a renewal notice from the Town Clerk.
The Town Board may from time to time, by resolution, adopt rules
and regulations under this article.
[Amended 3-7-2023 by L.L. No. 4-2023]
In addition to any other remedy for an offense against this article, for each offense committed against this article or any provision or section thereof, the person committing such offense shall be guilty of a violation punishable by a fine not to exceed $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein for the first and second violations of same. A third or subsequent violation of this chapter within a period of six months shall be deemed a misdemeanor, pursuant to § 103-31.
This article shall apply to any actions occurring on or after
the effective date of this article.
If a clause, sentence, paragraph, subdivision, section, or part
of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
