[Adopted 12-8-2010 by L.L. No. 1-2010]
The purpose of this article is to establish a local law for
the licensing and identification of dogs. As of January 1, 2011, the
State of New York has relinquished the responsibility of the dog licensing
function to local municipalities and eliminated the Animal Population
Control Fund. Local municipalities will now be required to adopt legislation
relating to this issue. Additionally, this article will protect the
residents by establishing restrictions on dogs within the Town.
As used in this article, the following terms shall have the
meanings indicated:
The Town Clerk, or Deputy Town Clerk, of the Town of Lumberland,
where licenses are to be validated or issued.
Means that such animal is securely confined or restrained
or kept on the owner's premises, either within a building, kennel
or other suitable enclosure or securely fastened on a chain, wire
or other effective tether of such length and so arranged that the
animal cannot reach or harm any person on any adjacent premises or
on any public street, way or place or, if the animal is being transported
by the owner, that it is securely confined in a crate or other container
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
Any dog which:
Without justification attacks a person, companion animal, farm
animal or domestic animal, and causes physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification, attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
Does not include a police work dog, as defined within this article.
Any dog that is trained and is actually used for such purposes
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.
Any person authorized or appointed by the Town to assist
in the enforcement of this article.
Any dog that is trained to aid the Dog Control Officer in
the control of geese within the boundaries of the Town.[1]
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 of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog or cat.
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 of New York during the period
such dog is being trained or bred for such training.
A tag which sets forth an identification number as required
by the provisions set forth in this article.
Any dog carrying an identification tag as provided within
this article.
Any person who harbors or keeps any dog, cat or other animal.
The person in whose name any dog was last licensed pursuant
to this article.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
Impairment of physical condition or substantial pain.
Any dog owned or harbored by any 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.[2]
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any resident of the Town age 65 or older.
Physical injury which creates a substantial risk of death
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.
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. It shall also refer
to dogs defined herein as a detection dog, geese dog, guide dog, hearing
dog, police work dog, therapy dog and working search dog.
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 of New York
during the period such dog is being trained or bred for such purpose.
The area within the corporate limits of the Town of Lumberland.
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 and is actually used for such purposes.[3]
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make an application for a dog license. No license shall be required
for any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
date of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed color(s), and official identification number of the dog,
and other identification marks, if any, and the name, address, telephone
number, county and town of residence of owner.
(4)
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided such certificate
shall not be required if the same is already on file with the Clerk.[1]
(5)
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(6)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(7)
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.
B.
Purebred licenses. 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 § 100-11 of this article.
C.
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
D.
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration,
shall pay a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration in any
year; excess fees may be used by the Town for any other lawful purpose
set forth in Agriculture and Markets Law § 110.[2]
B.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog or police work dog,
detection dog, geese dog or therapy dog. Each copy of any license
for such dogs shall be conspicuously marked guide dog, hearing dog,
service dog, war dog, working search dog or police work dog, detection
dog, geese dog or therapy dog, as may be appropriate, by the Town
Clerk.[1]
C.
The licensing fees may be changed on a yearly basis, pursuant to
the Town Code and existing local law. License fees may also change
based upon state surcharge payments.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, 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.
B.
The official 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.
C.
At the time a dog is first licensed, an identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $3.
D.
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.
E.
The identification tag shall be imprinted with the "Town of Lumberland,"
a unique identification number, and the telephone number of the Town
Clerk's office.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk in writing.
B.
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 Clerk in writing.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk in writing either prior to renewal of license or upon the
time of such renewal.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1)
Any owner to fail to license a dog.
(2)
Any owner to fail to have any dog identified as required by this
article.
[Amended 1-8-2014 by L.L.
No. 1-2014]
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs.
B.
Violations of this article shall be subject to a fine of not less
than $25, nor more than $250, except that:
[Amended 1-8-2014 by L.L.
No. 1-2014]
