The people of the State of New York have in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, the Municipal Home Rule Law of the State of New
York at § 10 grants to local governments the power to adopt
and amend local laws.
The purpose of this article is to provide for the identification
and licensing of dogs and the control and protection of the dog population.
This article shall apply to all areas of the Town of Sullivan.
Any dog harbored in the Town of Sullivan which is owned by a resident
of New York City and licensed by the City of New York, 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 provisions of this article.
As used in this article, unless otherwise expressly stated or
the context or subject matter requires otherwise, the following terms
shall have the meanings indicated:
ADOPTION
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.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DETECTION DOG
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.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town of Sullivan to assist
in the enforcement of this article and Article 7 of the Agriculture
and Markets Law or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated, dog protective
association under contract with the Town of Sullivan to assist in
the enforcement of this article.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
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.
HARBOR
To provide food or shelter to any dog.
HEARING 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.
IDENTIFICATION TAG
A tag issued by the Town of Sullivan which sets forth an
official identification number, together with the name of the Town
of Sullivan, the State of New York, contact information, including
the telephone number of the Town of Sullivan and such other information
as the Town of Sullivan deems appropriate.
IDENTIFIED DOG
Any dog carrying identification tag as provided in Article
7 of the Agriculture and Markets Law.
MAGISTRATE
A Town Justice of the Town of Sullivan.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the Agriculture and Market Law,
except that, if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
POLICE WORK DOG
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.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keep such records as
may be required by the Commissioner.
SERVICE DOG
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.
THERAPY 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 during the
period such dog is being trained or bred for such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
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 of Agriculture and Markets; provided, however, that
such services provided by said dog shall be performed without charge
or fee.
On or before the 10th day of each month beginning on February
10, 2011, the Town Clerk shall remit to the Town Supervisor all license
fees.
Section 117 of Article 7 of the Agriculture and Markets Law
provides for the seizure of dogs, redemption periods, impoundment
fees and adoption of dogs and further provides that any municipality
may set by local law impoundment fees in any amount. Therefore, Subdivision
4(a), (b), and (c) of § 117 of Article 7 of the Agriculture
and Markets Law are amended to be as follows:
A. Not less than $20 for the first impoundment of any dog owned by that
person;
B. Not less than $60 for the first 24 hours or part thereof and $10
for each 24 hours or part thereof for the second impoundment, within
one year of the first impoundment, of any dog owned by that person;
and
C. Not less than $100 for the first 24 hours or part thereof and $10
for each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.