The purpose of this article is to provide for the licensing
and identification of dogs within the Town of Marcellus.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be "Dog Licensing and Identification
in the Town of Marcellus."
As used in this article, 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.
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, explosive, 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 Marcellus to assist
in the enforcement of this article and Article 7 of the New York State
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 Marcellus to assist in
the enforcement of this article.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog during the period such
dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person who is deaf or hard
of hearing and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
IDENTIFICATION TAG
A tag issued by the Town which sets forth an official identification
number, as required by the provisions of this article, together with
the name of the Town, the State of New York, contact information,
including telephone number, for the Town, and such other information
as the Town deems appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
IDENTIFIED DOG
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
OWNER
Any person who keeps, harbors, or is in lawful custody, of
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 Markets 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. If it cannot be determined in whose name
any dog was last licensed or if the owner of record has filed a statement
pursuant to the provisions of Agriculture and Markets Law § 112,
the owner shall be deemed to be the owner of record of such dog, except
that if the owner is under 18 years of age, the owner of record shall
be deemed to be the parent or guardian of such person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 keeps such records as
may be required by the Commissioner of the Department of Agriculture
and Markets.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 during
the period such dog is being trained or bred for such purpose and
does not qualify under federal or state law or regulations as a service
dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.