Town of Bristol, NY Licensing of Dogs

Part T of Chapter 59 of the Laws of 2010 provides for the elimination, on January 1, 2011, of New York State Department of Agriculture and Markets' dog licensing functions, including the Department's centralized dog licensing system. As a result, the existing roles of both county government and the New York State Department of Agriculture and Markets in the licensing of dogs will be eliminated on January 1, 2011. As a result, effective January 1, 2011, the remainder of the dog licensing functions required by Article 7 of the Agriculture and Markets Law will become the responsibility of local government, and local government action is necessary to determine local fees and other policies prior to January 1, 2011.

The Town Board of the Town of Bristol finds that it is necessary for the health, safety and well being of the public for the Town Board to adopt certain regulations pertaining to the licensing of dogs based on the new responsibilities it is required to carry out effective January 1, 2011, which regulations will provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.

The Town Board of the Town of Bristol finds that it is necessary for the fiscal soundness of the Town of Bristol to authorize certain fees and charges for the duties the Town is required to carry out exclusively pertaining to the licensing of dogs effective January 1, 2011.

§ 120-10 Authority.

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.

§ 120-11 Repealer.

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of the Town of Bristol heretofore enacted which are inconsistent with the provisions of this article are hereby repealed on the effective date of this article.

§ 120-12 Title.

This article shall be known and may be cited as the "Dog Licensing Law of the Town of Bristol."

§ 120-13 License application; conditions of license; fees.

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.

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.

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.

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)]

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)]

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.

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.

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.

§ 120-14 Exemptions.

Exempt from payment of the license fee are applications submitted for a dog license for any of the following dogs, provided written documentation satisfactory to the Town Clerk is provided with such application that certifies such dog as being any of the following:

Guide dog;

Service dog;

Therapy dog;

Hearing dog;