[HISTORY: Adopted by the Town Board of the Town of Marbletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also repealed former Ch. 103, Dogs, adopted 9-8-1982 by L.L. No. 1-1982.
The purpose of this article is to 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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of New York State.
A. 
All terms not specifically defined herein shall have the meanings assigned to such terms in § 108 of the Agriculture and Markets Law of the State of New York. If a term is not defined herein or by § 108 of the Agriculture and Markets Law of the State of New York, then such term shall be interpreted to give it its customary meaning.
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 all amendments thereto.
AT LARGE
Unleashed and on property open to the public or on private property not owned or leased by the owner of the dog without permission of the owner or the tenant of the property; however, no dog shall be deemed at large if it is accompanied by and under the full control of its owner or other responsible person while on the lands of its owner, lawfully on public lands, or on private lands with the permission of the landowner or tenant or if the dog is a police work dog lawfully being used or trained for police work while under the full control of its trainer or a police officer.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town to enforce this article or Article 7 of the Agriculture and Markets Law, or any authorized officer, agent or employee of any incorporated animal humane society or incorporated dog protective association under contract with the Town to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth an identification number, together with the name of the Town and the state, contact information, including the telephone number of the Town Clerk, and any other information deemed appropriate by the Town.
OWNER
Any person who harbors or keeps any dog or other animal unless such dog is lost and such loss was promptly reported to the Dog Control Office of the Town or a person harbors a dog on a temporary emergency basis to protect and aid a stray or lost dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this article. In the event the owner of a dog is under 18 years of age, the custodial parent or guardian, or the head of the household in which said minor principally resides, shall be deemed to be the owner of such dog for the purposes of this article.
PERSON
Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
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 assist law enforcement officers and is actually being used for such work.
RESIDENT
A person who maintains a residence within the Town of Marbletown, County of Ulster, State of New York.
TOWN
Town of Marbletown in the County of Ulster, State of New York.
TOWN CLERK
Town Clerk of the Town.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn by any power, including muscular power, and shall include but shall not be limited to bicycles, motorcycles, automobiles, trucks, snowmobiles, coaches, wagons, platforms and trailers.
A. 
Licensing of dog required; rabies vaccination required.
(1) 
No person shall own or possess a dog within the Town that is four months of age or older unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and this article unless exempted by the Agriculture and Markets Law or this article. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the town in which the dog will be harbored for licensing or to the Town Clerk of the town where the shelter is located for the purchase of the license for adoption purposes.
(2) 
Each license application shall be accompanied by
(a) 
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; and
(b) 
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, if not already on file with the Town Clerk, or a statement from a licensed veterinarian that such procedure would endanger the dog's life. In the case where a statement from a licensed veterinarian is received, the license fee for the dog shall be the same as for a spayed or neutered dog.
B. 
Exemptions. Any dog harbored within the Town 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.
C. 
Application. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the application fee and any applicable license surcharges and additional fees established by the Town as set forth in this article. The application shall include at least the following information: name, address and telephone number of the owner; the county and town where the dog is harbored; the sex; actual or approximate age; breed; color; and the municipal identification number of the dog and other identification marks, if any.
D. 
Issuance of license; identification tag.
(1) 
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 successor thereof. Each copy of any license for any "guide dog," "hearing dog," "service dog," "war dog," "working search dog," "detection dog," "police work dog" and "therapy dog" shall be conspicuously marked with such applicable title as deemed appropriate by the Town Clerk.
(2) 
No individual dog 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. A license cannot be transferred to another dog.
(3) 
Change of ownership; lost, stolen or deceased dogs.
(a) 
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.
(b) 
In the event of a change of ownership of any dog which 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.
(c) 
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.
(d) 
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of the license or upon the time of such renewal.
(4) 
Identification tag.
(a) 
The Town Clerk shall assign a Town identification number to the 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 of the dog at all times with the exception of times during which the dog is participating in a dog show.
(b) 
The Town identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes in ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
(c) 
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.
(d) 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner from the Town Clerk at the owner's expense.
E. 
Term of license and renewals. Each individual dog license issued pursuant to this article 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
F. 
Purebred dog license.
(1) 
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law § 108 may annually make an application for a purebred license in lieu of or in addition to the individual dog license required by this section. A purebred license 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. Said license and related application are subject to the same provisions for individual dog licenses as set forth herein except that fees and surcharges may vary as set forth herein.
(2) 
In addition to the application requirements set forth for individual dog licenses, the purebred dog license application shall state the registry name and number of each purebred registered dog over the age of four months which is harbored on the premises and eligible for registration along with a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
(3) 
Upon receipt of a complete application and payment of all fees and surcharges, the Town Clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license.
(4) 
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the individual dog licensing provisions unless the new owner holds a valid purebred license.
G. 
Fees and surcharges.
(1) 
Dog license fees and surcharges shall be as established by resolution of the Town Board as authorized in § A205-1.
[Amended 3-21-2017 by L.L. No. 4-2017]
(2) 
Exemptions from fees. The following dogs are exempt from the Town's dog licensing fees:
(a) 
Guide dog;
(b) 
Hearing dog;
(c) 
Service dog;
(d) 
War dog;
(e) 
Working search dog;
(f) 
Detection dog;
(g) 
Police work dog; and
(h) 
Therapy dog.
H. 
Violations. It shall be a violation as set forth in § 118(1) of the Agriculture and Markets Law, punishable as provided for herein, for any owner to fail to license any dog; for any owner to fail to have any dog identified as required in this article; for any person to knowingly affix to any dog any false or improper identification tag, special identification tag or purebred license tag; for any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose or to fail to exercise due diligence in handling his or her dog if the harm results in harm to another dog that is a guide, hearing or service dog as set forth in § 103-5 herein; for any person to furnish any false or misleading information on any form required to be filed with the Town pursuant to this article; or for any owner of a dog to fail to notify the Town in which his or her dog is licensed of any change of ownership or address as required by this article.
A. 
Prohibited conduct. It shall be a violation of this article for the owner of any dog to permit or allow such dog to:
(1) 
Be at large; or
(2) 
Engage in habitual loud howling, barking, crying or whining, or any other behavior which unreasonably disturbs the comfort or repose, or causes damage or destruction to real or personal property, of any person other than the owner of such dog or a member of the owner's household residing with the owner or a guest of such owner; or
(3) 
Commit a nuisance by defecating or urinating upon public property or upon the premises of any person other than the owner of such dog; or
(4) 
Chase, threaten, harass, annoy, intimidate or alarm any person or to place any person in reasonable apprehension of bodily harm or injury, unless such person is unlawfully on the owner's premises or in the owner's residence or such person is threatening the safety of the owner's person, family, guests or property, and such dog is protecting or guarding the owner, the owner's real or personal property, or any person lawfully on the owner's property or in the owner's residence; or
(5) 
Habitually chase or run alongside of moving vehicles, horses or pedestrians lawfully using the public highways.
A. 
Seizure and impoundment.
(1) 
Any dog which appears to any enforcement officer, as defined in § 103-10 herein, to be in violation of this article or Article 7 of the Agriculture and Markets Law may be seized in accordance with the provisions of § 117 thereof.
(2) 
Every dog so seized shall be held for a redemption period of 10 days from the date of seizure, or in the event that the owner of such dog can be identified and notified of such seizure within such period as required by § 117(6) of the Agriculture and Markets Law, 10 days from the date of such notification, whichever occurs last. This provision is meant to supersede and supplant the shorter redemption periods set forth in § 117(6) of the Agriculture and Markets Law.
(3) 
Every dog so seized shall be properly fed, watered, sheltered and given necessary medical treatment by the Town so long as such dog is in the possession and control of any officer, employee, contractor or agent of the Town.
B. 
Redemption. Every dog so seized may be redeemed by any person producing proof of the following and upon payment of the fees set forth herein:
(1) 
Ownership or authority for possession of such dog;
(2) 
A current valid New York State license for such dog (which may also be accepted as proof of ownership); and
(3) 
An identification tag for such dog bearing the dog's New York State identification number.
C. 
Fees.
(1) 
Impoundment. If the owner of any seized dog is known, such owner shall be required to pay the impoundment fees set forth in § 103-6C(2) below whether or not the owner chooses to redeem such dog. The Town may commence a civil action for the collection of such fees in addition to any applicable civil penalty.
(2) 
Fee schedule. In addition to any recorded medical expenses incurred by the Town for the safety and welfare of the dog or the public, the person redeeming the dog shall pay a fee in an amount established by the Town Board.
[Amended 3-21-2017 by L.L. No. 4-2017]
[Amended 3-21-2017 by L.L. No. 4-2017]
A resident of the Town who owns a licensed dog may surrender such dog to the Dog Control Officer for adoption pursuant to the provisions in this article upon payment of a fee in an amount established by the Town Board.
A. 
Unredeemed dogs; adoption. Any dog seized by the Town which is unredeemed at the end of the redemption period set forth in § 103-6 of this article becomes the property of the Town. Any unredeemed dog may, at the discretion of the Dog Control Officer, be held for adoption.
(1) 
Adoption applications. Unredeemed dogs may be adopted pursuant to the following provisions and conditions. The person applying to adopt the dog, hereinafter called the "applicant," shall be a resident of, and of legal age to license a dog in, New York State and shall complete an application for adoption on a form provided by the Town, which shall contain the following:
(a) 
The name, address, telephone number, age and the town and county of residence of the applicant; and
(b) 
A statement that the applicant has sufficient means to properly feed, house and care for the dog to be adopted, hereinafter called the "dog," will within two weeks of the adoption, if it is approved, have the dog tested for heartworm infection; will comply with all laws, ordinances, rules and regulations relating to the applicant's ownership of the dog in effect in the town, village or city of the applicant's residence; will not knowingly allow, sell or give the dog to be used for research purposes; and will allow a representative of the Town to visit the applicant's residence to view and examine the dog at least once within six months of the date of adoption if deemed necessary by the Dog Control Officer.
(2) 
Adoption applications shall be approved or denied by the Dog Control Officer. If, in the opinion of the Dog Control Officer, placing the dog with an applicant will jeopardize the health, safety or well-being of the dog, the Dog Control Officer shall deny the application. No dog shall be sold, given or allowed by the Town to be adopted for research purposes.
B. 
Adoption fees. All applications for adoption shall be accompanied by an application fee in an amount established by the Town Board, which shall be refunded to the applicant only if the application is denied.
[Amended 3-21-2017 by L.L. No. 4-2017]
C. 
Requirements for possession. Upon approval of an application for adoption, the applicant shall produce the following prior to obtaining possession of the dog from the Town:
(1) 
Proof of a current, valid New York State dog license for the dog being adopted.
(2) 
Proof of proper identification for the dog as required by the Agriculture and Markets Law.
(3) 
A fee in an amount established by the Town Board, which shall be refundable to the applicant within 15 days upon the submission of a certificate from a Doctor of Veterinary Medicine, or other proof satisfactory to the Dog Control Officer, that the adopted dog has been spayed or neutered. The Dog Control Officer may waive the adoption fee in the event that other arrangements can be made that guarantee the immediate spaying or neutering of the adopted dog.
[Amended 3-21-2017 by L.L. No. 4-2017]
Any dog unredeemed at the expiration of the applicable redemption period, or any dog which is thereafter held for adoption but is not redeemed or adopted at the end of the applicable adoption period as determined by the Dog Control Officer, may be euthanized. Notwithstanding any other provision of this article, any dog in the possession or control of the Town may be euthanized where the dog has an illness, disease or injury which in the opinion of a licensed veterinarian is eminently fatal or has an injury which in the opinion of any two enforcement officers is eminently fatal.
A. 
Enforcement.
(1) 
The provisions of this article shall be enforced by any Dog Control Officer, peace officer when acting pursuant to his or her special duties, or police officer in the employ of or under contract with the Town, all of whom shall be deemed "enforcement officers" for the purposes of this article. In addition to the provisions set forth herein, a violation of this article includes each and every violation specified in the Agriculture and Markets Law and within the jurisdiction of the Dog Control Officer. Notwithstanding § 103-10B of this article, the fines, penalties and terms of imprisonment for violations specified in §§ 118(4), 118(5), 121(3), 123 and 123-b of the Agriculture and Markets Law shall be consistent with those set forth in said law.
(2) 
The enforcement officers may seek a civil penalty for a violation in a civil action or a fine or imprisonment or both for a violation pursuant to the New York State Penal Law. Any enforcement officer who observes a violation of this article committed in his presence, or who has probable cause to believe that a violation of this article has occurred, may issue and serve upon the person whom such officer has probable cause to believe has committed such violation any process, including an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature undertaken in accord with the provisions of this article.
(3) 
Every criminal prosecution for an alleged violation of this article shall be conducted in accordance with the required Criminal Procedure Law of the State of New York for the prosecution of a violation as that term is defined in the Penal Law.
B. 
Penalties.
(1) 
A violation of this article shall be punishable, subject to such election, by either:
(a) 
A fine prosecuted pursuant to the New York State Penal Law of not less than $25,
[1] 
Where the person was found to have violated this article or former Chapter 103[1] within the preceding five years, the fine may not be less than $50; and
[1]
Editor's Note: Former Ch. 3, Dogs, was adopted 9-8-1982 by L.L. No. 1-1982.
[2] 
Where the person was found to have committed two or more such violations within the preceding five years, the violation shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both; or
(b) 
A civil penalty sought in a civil proceeding of not less than $25, except that
[1] 
Where the person was found to have violated this article or former Chapter 103 within the preceding five years, the fine may not be less than $50; and
[2] 
Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be less than $100.
(2) 
Each day that a violation continues shall be a separate offense.
(3) 
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the Town in any court of competent jurisdiction to compel compliance with, or to restrain by injunction, any violation of this article.
C. 
Complaints. Any person who observes a violation of this article or of § 118 of the Agriculture and Markets Law may notify any enforcement officer of such violation, or may, pursuant to Article 100 of the Criminal Procedure Law, execute and file an information with a Justice of the Town Justice Court, charging any person alleged to have committed such violation with such violation. Any Town Dog Control Officer, when notified of an alleged violation as aforesaid, or when such violation occurs in his presence, shall immediately investigate the circumstances thereof and shall, pursuant to the New York State Criminal Procedure Law, execute and file an information with a Justice of the Town Justice Court, charging any person whom he has probable cause to believe has committed a violation of this article with such violation. Any information so filed shall serve as the basis for the prosecution of the person named therein as defendant in accordance with the New York State Criminal Procedure Law.
The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.