[HISTORY: Adopted by the Town Board of the Town of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-1980 by L.L. No. 1-1980]
It shall be unlawful for any owner of, or any person harboring, any dog in the Town of Hillsdale to permit or allow such dog to:
A. 
Run at large, unless said dog is restricted by an adequate collar and leash and/or unless accompanied by its owner or a responsible person able to control said dog.
(1) 
For purposes of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
(2) 
For purposes of this article, any dog while on the premises of its owner shall be considered as accompanied by its owner.
B. 
Engage in habitual loud howling or barking or to conduct itself in such manner as to habitually annoy any person other than the owner or person harboring such dog.
C. 
Cause damage or destruction to property, or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. 
Chase or otherwise harass any person in such a manner as to reasonably cause intimidation or to place such person in reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
Any person who observes a dog violating the provisions of this article may file an information with the Town Justice of the Town of Hillsdale, specifying the objectionable conduct of the dog, the date thereof, a description of the dog, and the name and residence, if known, of the owner or other person harboring said dog.
Notwithstanding the provisions of § 107-2 of this article, the provisions of this article may also be enforced by the Dog Control Officer of the Town of Hillsdale or by any police officer.
[Amended 12-21-2004 by L.L. No. 4-2004]
Any person who violates this article, or knowingly permits the violation of said article, or any of the provisions thereof, shall be guilty of a violation and shall be subject to a fine of not more than $75, except that:
A. 
Where the person was found to have violated said article within the preceding five years, the fine may not be more than $150;
B. 
Where the person was found to have committed two or more such violations of said article within the preceding five years, it shall be punishable by fine of not more than $250 or imprisonment for not more than 15 days, or both;
C. 
Each day after notice that a violations of this article continues shall be deemed a separate offense; and
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Appropriate actions and proceedings may also be taken at law or in equity to prevent or remedy unlawful violations or infractions of any portion of this article, and these remedies shall be in addition to penalties otherwise prescribed by law.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of this article shall be in addition to all applicable requirements, remedies, and penalties provided for under Article 7 of the Agriculture and Markets Law of the State of New York relating to the licensing, identification and control of dogs.
[Adopted 12-14-2010 by L.L. No. 2-2010]
The title of this article shall be the "Dog Licensing and Control Law of the Town of Hillsdale, County of Columbia, New York."
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law.
The purpose of this article is to provide for the licensing and identification of dogs, and the control and protection of the dog population in the Town of Hillsdale.
A. 
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.
B. 
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, and as thereafter amended.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
OWNER
Any person who harbors or keeps any dog or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this article.
PERSON
A person, partnership, corporation, association, or other organized group of persons, business entity, municipality, or other legal entity.
RESIDENT
A person who maintains a residence within the Town of Hillsdale, County of Columbia, State of New York.
RUN AT LARGE
To be in a public place or on private land without the knowledge consent and approval of the owner of such lands.
TOWN
The Town of Hillsdale, County of Columbia, State of New York.
A. 
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and the laws of the Town.
B. 
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
C. 
The owner of each dog required to be licensed shall obtain, complete, and return to the Town Clerk of the Town a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town.
Any dog harbored within the Town which is owned by a resident of a city having a population of over 2,000,000 people and licensed by such city, 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.
Each license application shall be accompanied by 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.
Each license issued shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed.
A. 
Individual dog license fee. The Town hereby establishes the fee for a dog license issued pursuant to this article as follows:
(1) 
$10 for a spayed or neutered dog;
(2) 
$15 for an unspayed or unneutered dog.
B. 
State mandated animal population control surcharge.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge of the amount of $1, payable at the time the dog license application is filed.
(2) 
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge of the amount of $3, payable at the time the dog license application is filed.
C. 
Unlicensed dog surcharge. Each dog found to be unlicensed by the Town's Dog Control Officer in violation of this article shall be subject to a $10 unlicensed dog surcharge payable at the time the application is filed to license said dog.
D. 
Replacement tag fee. A replacement tag fee of $3 shall be charged to offset the costs associated with the provision and replacement of identification tags.
E. 
Fee exemptions. There shall be no fee for any license issued for a guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, or therapy dog, each as defined in Article 7 of the State Agriculture and Markets Law. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
A. 
Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or a representative thereof.
B. 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. An existing license cannot be transferred to another dog.
C. 
Change of ownership, lost or stolen dogs.
(1) 
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.
(2) 
In the event of a change in ownership of any dog that has been assigned an official identification number, or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
(3) 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
(4) 
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal.
D. 
Identification tag.
(1) 
The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar on the dog at all times.
(2) 
An identification tag is not required to be worn while the dog is participating in a dog show.
(3) 
The official permanent 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.
(4) 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
There will not be distinct purebred licenses as previously provided for by state law. Any and all holders of existing purebred licenses will now be required to comply with the provisions of this article.
The owner of any dog impounded by the Town shall be entitled to redeem that dog within five business days from the date of impoundment, excluding the day the dog is impounded. The owner must produce proof that the dog is licensed and identified and shall pay a fee of $20 for the first impoundment; a fee of $30 for the second impoundment plus $3 for each twenty-four-hour period, or portion thereof, that the dog is held; and a fee of $40 for a third and each subsequent impoundment, plus $3 for each twenty-four-hour period, or portion thereof, that the dog is held.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in Agriculture and Markets Law § 118, any person convicted of a violation of this article shall be liable for a fine of not less than $25 for a first violation; of not less than $50 for a second violation; and not less than $100 for each subsequent violation.
This article shall supersede Local Law No. 2 of the year 2009, and all other ordinances, rules and regulations relative to the licensing of dogs within the Town of Hillsdale.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or parts of this article.