The purpose of this article is to provide for the licensing
and identification of dogs. Effective 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.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York, as amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
As used in this article, 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 chapter.
The Town Clerk, or Deputy Town Clerk, of the Town of Delaware,
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.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and which 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 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 dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with 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.
Town of Delaware, including incorporated areas.
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 one year, based on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee.
(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 markers, if any, and the name, address,
telephone number, county and town of residence of the owner, and such
other information as deemed necessary by the Clerk.
(4)
The application shall be accompanied by a license fee 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; such certificate
shall not be required if the same is already on file with the Clerk.
(5)
The fees for a dog license shall be as follows:
(a)
Unspayed/unneutered dog: as set by resolution of the Town Board
at its annual reorganization meeting.
(b)
Spayed/neutered dog: as set by resolution of the Town Board
at its annual reorganization meeting.
(c)
Replacement identification tag: as set by resolution of the
Town Board at its annual reorganization meeting.
|
Upon submission of proper documentation, 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.
|
(6)
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.
(7)
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.
(8)
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.
(9)
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 § 90-13A 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 in such amount as
shall be fixed from time to time by resolution of the Town Board in
accordance with this article.
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 Delaware,"
a unique identification number, and the telephone number of the 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 notify the Clerk.
B.
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall 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.
