This article is enacted pursuant to the provisions of the Agriculture
and Markets Law of the State of New York and of the Municipal Home
Rule Law of the State of New York.
All ordinances, local laws and regulations of the Town of Bristol
heretofore enacted which are inconsistent with the provisions of this
article are hereby repealed on the effective date of this article.
This article shall be known and may be cited as the "Dog Licensing
Law of the Town of Bristol."
All dogs in the Town of Bristol, unless otherwise exempted by
New York State Agriculture and Markets Law, must be licensed with
the Town Clerk of the Town of Bristol by the age of four months. The
Town Clerk shall keep a copy of such license and, upon request, provide
a copy thereof to the New York State Department of Agriculture and
Markets.
A. Application. The owner of each dog required to be licensed shall,
for new applications and renewal applications, obtain, complete and
return to the Town Clerk:
(1) A dog license application;
(2) The license application fee;
(3) Any applicable license surcharges;
(4) Such additional fees as may be established by the Town Board of the
Town of Bristol;
(5) Proof that the dog has been vaccinated against rabies or a statement
from a licensed veterinarian that such vaccination would endanger
the dog's life, in which case vaccination shall not be required;
(6) In the case of a spayed or neutered dog, a certificate signed by
a licensed veterinarian or an affidavit signed by the owner showing
that the dog has been spayed or neutered, provided such certificate
or affidavit shall not be required if the same is already on file
with the Town Clerk. In lieu of the spay or neuter certificate, an
owner may present a statement certified by a licensed veterinarian
stating that he or she has examined the dog and found that, because
of old age or other reason, the life of the dog would be endangered
by spaying or neutering. In such case, the license fee for the dog
shall be the same as for a spayed or neutered dog.
B. Identification tag. Each dog licensed pursuant to this article shall
be assigned, at the time the dog is first licensed, a municipal 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. No tag carrying an identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned. Such identification tag shall state that the license
was issued by the Town of Bristol, State of New York, and the contact
information for the Town of Bristol, including the current telephone
number. The Town of Bristol, from time to time, may add such additional
information as it shall deem necessary and appropriate.
C. License term. All dog licenses will be for a period of one year and
will expire at the end of the month one year from the date of issue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Licenses nontransferable. Any license issued pursuant to this article
shall not be transferable. Upon the transfer of ownership of any dog,
the new owner shall immediately make application for a new license
for such dog. The owner of any dog licensed by the Town of Bristol
shall, within 10 days, notify the Town Clerk of the Town of Bristol
if ownership of such dog is transferred or such dog has been lost
or stolen.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Purebred licenses. The Town of Bristol will issue purebred licenses
to eligible kennel owners. To be eligible for a purebred dog license,
all dogs must be purebred and registered by a recognized association
(or, in the case of any dog less than one year, eligible for registration).
The applicant must own and harbor the listed dog on the premises described
on the application. A purebred license is in lieu of the individual
license required by Subdivision 1 of § 109 of the New York
Agriculture and Markets Law. A purebred license is not transferable
and, once issued, no refund may be made. Upon change of ownership
of any dog licensed under a purebred license, such dog must be licensed
individually by the new owner, except when the new owner holds a valid
purebred license. A purebred license is renewal annually prior to
the stated expiration date.
F. Guide dog, service dog, hearing dog or detection dog tag. The Town
of Bristol will not issue a special tag for identifying any guide
dog, service dog, police dog, hearing dog or detection dog.
G. Fees and surcharges. The fees and surcharges for issuing dog licenses
shall be fixed by the Town Board. Such fees and surcharges may from
time to time be changed as the Town Board may determine. These fees
and surcharges may include:
(1) The license fee for a spayed or neutered dog;
(2) The license fee for an unspayed or an unneutered dog (such fee having
to exceed the fee for a license for a spayed or neutered dog by such
amount as mandated by the New York State Agriculture and Markets Law);
(3) In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bristol, a surcharge if the dog to
be licensed is altered (such surcharge shall be, at a minimum, such
amount as mandated by the New York State Agriculture and Markets Law);
(4) In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bristol, a surcharge if the dog to
be licensed is not altered (such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law);
(5) In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bristol, a surcharge to recover and
defray the cost of an enumeration of dogs living within the Town of
Bristol.
A violation of this article shall be punishable by:
A. A fine of $25 for a first violation;
B. A fine of $50 for a second violation within five years of the first
violation; and
C. Where the person was found to have committed two or more such violations
within the preceding five years, either a fine of $100 or imprisonment
for not more than 15 days, or both.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been ordered.
This article shall take effect January 1, 2011, after filing
with the Secretary of State.