[Adopted 12-7-2010 by L.L. No. 3-2010]
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 persons, property, domestic animals and deer from dog attack and damage.
This article is enacted pursuant to the provisions of Article 7, Chapter 59, Part T, of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. To the extent this article is inconsistent with any other Town laws, this terms of this article shall control.
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 tide of this article shall be "Town of Waterford Dog Licensure Law."
As used in this article, the following words shall have the following respective meanings:
- Male and female, licensed and unlicensed, members of the species Canis familiaris.
- Person entitled to claim lawful custody and possession of a dog who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association, or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to filing any complaint charging a violation of this article shall be held in and deemed to be the owner of any dog found to be in violation of this article.
- The Town of Waterford.
All dogs in the Town of Waterford must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies vaccination at the time of licensing or the renewal of an existing license. The owner of each dog required to be licensed shall obtain, complete and return to said Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Waterford. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies.
All dog licenses will be for a period of two years and will expire at the end of the 24th month from the date of issue.
Fees for licensing of dogs.
The fee for a spayed or neutered dog will be $10 annually ($20 for the license term), which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control. The fee for an unspayed or unneutered dog will be $20 annually ($40 for the license term), which includes a surcharge of $3 for the purpose of carrying out animal population control.
In addition to the foregoing, there shall be a surcharge of $3 for each unspayed/unneutered dog licensed for the purposes of carrying out the animal population control and a late fee of $10 for those failing to license their dogs during the time period required herein.
A license for any guide dog, service dog, hearing dog, detection dog, war dog, working search dog, police dog and therapy dog is required, but no license fee shall be charged.
The Town Board may, by resolution, change any of the foregoing fees if deemed necessary.
The Town of Waterford may contract with an animal shelter(s) to license dogs adopted by residents of the Town of Waterford, allowing said shelter(s) 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 said shelter(s), provided that such application is made in accordance with this article, and the license fee, any additional fee and surcharge shall be remitted to the Town of Waterford on or before the third day of the month following the month in which the license fee and additional fee and surcharge was received.
All dog licenses may be purchased and obtained by visiting the office of the Town Clerk or by regular mail. When licensing or renewing a license by mail, the appropriate fee must accompany the forms. Fees are nonrefundable.
Fees for seizure of dogs. The fee for seizure and impoundment of dogs in violation of this article or the laws of the New York State Department of Agriculture and Markets Law shall be set forth in § 117 of the Agriculture and Markets Law.
Any dog found to be running at large in violation of § 117 of the Agriculture and Markets Law, whether licensed or unlicensed, will be seized by the Dog Control Officer and such dog shall be properly fed and cared for until redeemed by the owner adopted or disposed of as provided by § 117 of the Agriculture and Markets Law. The owner of any dog impounded by the Town of Waterford shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified and pays a fee of $40 for the first impoundment; a fee of $3 for each additional twenty-four hour period; a fee of $80 for the second impoundment; a fee of $3 for each additional twenty-four hour period, a fee of $120 for a third and each subsequent impoundment.
The Town Board shall have the power to conduct an annual survey of the Town's dog population. By resolution, the Town Board shall set forth the manner of notification as well as the manner of reply. Failure to respond shall result in a special assessment of $50 onto the license fee.
A violation of this article shall be deemed an offense against this article, and any person convicted of such violation shall be liable to the penalty set forth in § 118 of the Agriculture and Markets Law.
This article shall supersede all prior local laws, ordinances, rules and regulations relative to the licensure of dogs within the Town of Waterford and all other matters specifically detailed herein and they shall be upon the effectiveness of this article, null and void.