[Adopted 12-1-2010 by L.L. No. 5-2010]
The title of this article shall be, "Licensing, Identification and Control of Dogs in the Town of Cortlandville."
This article is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York.
The purpose of this article is to provide for the licensing and identification of dogs and the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage.
As used in this article, the following words shall have the following respective meanings:
ADOPTION The delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered.
ALTERED A dog that has been spayed or neutered.
AT LARGE An unleashed dog not under control of the owner and off the premises of the owner.
COMPANION ANIMAL Any dog or cat normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a domestic animal as defined in this section.
DANGEROUS DOG A. Any dog which:
(1) Without justification, attacks a person, companion animal, farm animal, or domestic animal as defined in this section and causes serious, physical injury or death, or
(2) Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or
(3) Without justification attacks a guide dog, hearing dog, service dog, working search dog, war dog, detection dog, police work dog, or therapy dog and causes physical injury or death.
B. "Dangerous dog" does not include a police work dog, while being used to assist one or more law enforcement officers in the performance of their official duties.
DETECTION DOG Any dog that is trained and is actually used for such purposes or is under- going training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
DOG Any member of the species canis familiaris.
DOG CONTROL OFFICER Any individual appointed by the Town to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this article.
DOMESTIC ANIMAL Any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer, elk, which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered "domestic animals" for the purposes of this article.
FARM ANIMAL Any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats.
GUIDE DOG Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose.
HARBOR To provide food or shelter to any dog.
HEARING DOG Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose.
IDENTIFICATION TAG A tag issued by the Town or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate.
OWNER Any person who harbors or keeps any dog. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event any dog found to be in violation of this article shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this article.
OWNER OF RECORD The person purchasing the license or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older.
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 aid law enforcement officers and is actually being used for police work purposes.
RECOGNIZED REGISTRY ASSOCIATION Any registry association that operates on a nationwide basis, issues certificates and keeps such records as required by the Commissioner of Agriculture.
SERVICE DOG Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
THERAPY DOG Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.
TOWN The area within the corporate limits of the Town of Cortlandville, including the Village of McGraw.
UNALTERED Any dog that is not spayed or neutered.
WAR DOG Any dog which has been honorably discharged from the United States armed services.
WORKING SEARCH DOG Any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee.
The Town Clerk of Cortlandville is solely authorized to issue licenses for the Town and for the Village of McGraw. The pound, shelter or Dog Control Officer is not authorized under this article to issue dog licenses for dogs redeemed or adopted.
A. Application for original license.
(1) The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk. No license shall be required for any dog which is under the age of four months, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association.
(2) In the case of a dog being redeemed or a dog being adopted from a shelter or pound, the Town Clerk and the manager of the facility shall establish a licensing procedure that is agreeable to the Town.
B. Rabies vaccination required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. In the case of a dog being redeemed or adopted from a shelter, copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts.
C. Spay/neuter certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate
signed by a licensed veterinarian or an affidavit
signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he/she has examined such dog and found such dog to be altered. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection
F of this section.
D. Expiration of license. An original license shall be issued for a period of one year, and shall expire on the last day of the month of the period for which they are issued.
E. Application for renewal license.
(1) License renewal forms shall be mailed by the Town Clerk.
(2) A new rabies certificate shall be required if the one on file has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection
B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be kept on file by the Town Clerk.
(3) A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. Such certificate shall be kept on file by the Town Clerk.
(4) The renewal shall expire on the last day of the month in the same month that it was originally issued.
(5) Renewing early or late shall not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waved when accommodating such a request.
(6) Upon renewal, the Town Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration.
(7) A late fee will be assessed after the 15th of each month for each dog not renewed from the prior month renewal date. Such fee shall be established by resolution of the Town Board.
F. License fees.
(1) All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Cortlandville Town Board. The total fee for an unaltered dog shall be at least $5 more than the total fee for an altered dog.
(2) All revenue derived from such fees shall be the sole property of the Town 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 or any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership.
(3) 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.
(4) In addition to the fees set by the Town Board, an assessment of $3 for each unaltered dog and $1 for each altered dog shall be charged for the purpose of carrying out animal 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.
G. Exemptions to license fees.
(1) Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees. 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 Town Clerk.
(2) Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from the assessment mandates of Article 7 of the New York State Agriculture and Markets Law.
(3) Appropriate documentation for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog must be presented to the Town Clerk for an exemption to a license fee.
H. Identification of dogs.
(1) When a dog is originally licensed, a Town of Cortlandville identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality, and such other information as the Town deems appropriate.
(2) Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Cortlandville identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipal tag shall be surrendered to the Town Clerk and the Town of Cortlandville tag shall be worn by the dog at all times.
(3) A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show.
(4) No Town of Cortlandville identification tag shall be affixed to the collar of any dog other than the one to which it was assigned.
(5) Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag issued by the Town. Such tag shall be a different color, shape and imprint than the Town identification tag and may be provided by the Town at the expense of the owner.
(6) Lost tags shall be replaced at the expense of the owner at a fee set by the Town Board. Such replaced tags will contain the same information as required by Subsection
H(1).
I. Change of address. When there is a change of address for the owner of record, the owner shall notify the Town Clerk within 10 days of such change. If the change is still within the Town, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town, the Town Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in his/her municipality.
J. Change of ownership. In the event of a change in the ownership of any dog licensed in the Town, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within 10 days of such change. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.
K. Lost, stolen or deceased dog. If any dog which has been licensed in the Town is lost, stolen or deceased, the owner of record shall notify the Town Clerk within 10 days of the discovery of such loss, theft or death.
L. Lists of licensed dog owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes.
M. Purebred licenses.
(1) The owner of three or more unaltered purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by §
59-6A.
(2) At the time of application, the Town Clerk shall assign an identification number.
(3) An identification tag will be issued to the holder of a purebred license. All purebred tags shall include the identification number assigned to the purebred license. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality, and such other information as the Town deems appropriate. Additional tags shall be paid for by the owner at a fee set by the Town Board.
(4) Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in §
59-6B, for every dog listed on the license. Certification for any altered dog shall be included as specified in §
59-6C. Such certificate(s) shall be kept on file by the Town Clerk.
(5) Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Town Clerk.
(6) All dogs over four months of age must be listed and included in the purebred license.
(7) Purebred licenses shall be issued for one year and renewed annually.
(8) All original applications and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of $3 for each unaltered dog and $1 for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of the New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued.
(9) Purebred licenses are not transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall within 10 days make application for a license pursuant to §
59-6A, except when the new owner holds a valid purebred license and adds an additional dog to such purebred license. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within 10 days of such change. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.
Should an enumeration be conducted within the Town of Cortlandville including the Village of McGraw, and should a dog be identified as unlicensed during such enumeration, an additional fee shall be charged. The fee shall be the property of the Town and shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town in conducting the enumeration in any year, such excess fees may be used by the Town for enforcing licensing, identification and control of dogs; for spaying and neutering of animals; and offsetting costs associated with licensing, identification and control of dogs and replacement of identification tags. The additional fee may be established by resolution of the Town Board.
All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this section, "adequate" shall mean sufficient for age, size and number of dogs on the premises and prevailing weather conditions.
All female dogs, while in season (heat), shall be confined to the premises of their owner and may only be left outside unattended in a fully enclosed structure. Any owner not adhering to this section shall be subject to having the dog seized by the Town's Dog Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee.
Any Dog Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall, and all peace officers may, administer and enforce the provisions of this article, and for such purpose shall have the authority to issue appearance tickets.
Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this article or Article 7 of the New York State Agriculture and Markets Law and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality. Such moneys shall be used only for controlling dogs and enforcing this article. Said revenue may also be used to subsidize the spaying or neutering of dogs, by any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership.
No action shall be maintained against the Town of Cortlandville, the Village of McGraw, the Town Dog Control Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this article or Article 7 of the New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article or Article 7 of the New York State Agriculture and Markets Law.