The title of this article shall be the "Dog Licensing and Control Law of the Town of Horseheads, County of Chemung."
[1]
Editor's Note: This local law also amended the title of this article, which was formerly License Fees.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59, Part T, and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Horseheads, County of Chemung, hereby finds and declares that the purpose of this article is to provide for the licensing of dogs.
A.
All terms not specifically defined herein shall have the meanings assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.
B. AGRICULTURE AND MARKETS LAW IDENTIFICATION TAG OWNER OWNER OF RECORD PERSON RESIDENT RUN AT LARGE TOWN
As used in this article, the following terms shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
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.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant to this article.
A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
A person who maintains a residence or resides within the Town of Horseheads, County of Chemung, State of New York.
To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
The Town of Horseheads, County of Chemung, State of New York, including the Village of Horseheads and the portion of the Village of Elmira Heights located within the Town of Horseheads.
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 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.
The Town hereby authorizes the Town of Horseheads Animal Shelter, the City of Elmira Animal Shelter and the Chemung County Humane Society and SPCA, Inc., acting by its manager to provide, accept and grant an application for a dog license made by a resident of the Town at the time of the adoption of a dog from the Town of Horseheads Animal Shelter, the City of Elmira Animal Shelter and the Chemung County Humane Society and SPCA, Inc., provided that such application is made in accordance with this article and the license fee, any additional fee and surcharge shall be remitted to the Town Clerk of the Town on or before the 10th day following the receipt of the license fee, additional fees and/or surcharge.
Any dog harbored within the Town which is owned by a resident of New York City or 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.
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 pursuant to this article, shall be valid for a period of one year, or at the option of the owner for periods of two or three years, and shall expire on the last day of the last month of the period for which it was issued. The dog license shall run concurrent with the rabies vaccination. 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.
Pursuant to this article, the Town Board of the Town of Horseheads is authorized to establish, by resolution, a schedule of fees pertaining to the licensing, identification and enumeration of dogs. The Town Board may amend the fee schedule by resolution from time to time as it deems appropriate. The most current fee schedule will be kept on file in the office of the Horseheads Town Clerk for public inspection.
B.
All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Horseheads Town Board.
C.
All revenue derived from such fees shall be the sole property of the Town of Horseheads and shall be used only for controlling dogs and enforcing this article and Article 7 of the New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, to subsidize any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and to subsidize public humane education programs related to responsible dog ownership.
D.
In no event shall any money derived from license fees be used to subsidize the spaying or neutering of cats or animals other than dogs.
E.
No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license.
F.
An additional fee may be established by resolution of the Horseheads Town Board should a dog be identified as unlicensed during an enumeration. Such additional fee shall be the property of the Town of Horseheads and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this article and for spaying or neutering dogs.
G.
In addition to the fees set by the Town Board, an additional New York State spay/neuter surcharge shall be assessed for the purpose of carrying out population control efforts as mandated by Article 7 of the New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of the New York State Agriculture and Markets Law.
H.
There shall be no fee for any license issued for the following dogs as defined in Article 7 of the State Agriculture and Markets Law: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. Each copy of any license for such dogs shall be conspicuously marked "guide dog," "hearing dog," "service dog," "working search dog," "war dog," "detection dog," "police work dog," or "therapy dog," as may be appropriate, by the Clerk.
A.
Upon validation by the Town Clerk of the Town, or by the manager of the authorized issuing shelters, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor 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. A 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.
(2)
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 the license or upon the time of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town 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 of the dog at all times.
(2)
The official identification number shall constitute the official identification of the dog to which it is assigned.
(3)
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
(4)
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay a fee as may be established by resolution for a replacement tag. The Town Board may amend the fee schedule by resolution from time to time as it deems appropriate.
A.
The owner of one or more purebred dogs registered by a recognized registry association as defined in the Agriculture and Markets Law § 108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article. A purebred license shall be valid for a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.
B.
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed by this article and a certificate of rabies vaccination or statement in lieu thereof, as required by this article and Article 7 of the State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once a purebred license has been issued, no refund therefor shall be made.
E.
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 licensing provisions of subdivision one of this section, except when the new owner holds a valid purebred license.