[Adopted 12-2-2010 by L.L. No. 6-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. II,
Dog License Fees, adopted 12-8-1988 by L.L. No. 7-1988.
As used in this law, the following terms shall have the meanings
indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Montgomery,
where licenses are to be validated or issued.
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 dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
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 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 of New York during the period
such dog is being trained for such purpose or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Town of Montgomery.
Any person who harbors or keeps any dog.
Any person with a "disability" as that term is defined in
Subdivision 21 of § 292 of the New York State Executive
Law.
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.
Any resident of the Town age 65 or older.
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 of New York
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 and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make 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
day 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 makers, 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.
(5)
Fees.
(b)
There shall be no fee charged for the license issued for any
detection dog, geese dog, guide dog, hearing dog, police work dog,
service dog, therapy dog, war dog or working search dog. The fee charged
for any dog owned by a senior resident shall be reduced by the amount
of $3. The Town Board may set fees to be charged for dog licenses
from time to time through resolution adopted by a majority of the
Board.
(c)
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.
(d)
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.
(e)
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. The original issued identification tag shall
remain the same for the life of the dog.
(f)
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
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 the requirements 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 the
event the additional fees collected exceed the expenses incurred by
the Town in conducting an enumeration in any year, such excess fees
may be used by the Town for any other lawful purpose.
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, one 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 Montgomery,"
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.
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.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of license or upon the time of such
renewal.
