[HISTORY: Adopted by the Town Board of the
Town of Cortlandville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also superseded former Art.
I, Dogs, adopted 12-5-1979, as amended, and provided an effective
date of 1-1-2011.
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.
A.
This article shall apply to all areas of the Town of Cortlandville,
including the Village of McGraw.
B.
In the event that any dog owned by a nonresident of the Town is harbored
within the Town for a period of 30 days or less, such dog shall be
exempt from the identification and licensing provisions of this article,
provided such dog is licensed pursuant to the provisions of law of
the area of residence.
C.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined to an animal shelter devoted to the impounding
and caring of animals.
As used in this article, the following words shall have the
following respective meanings:
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.
A dog that has been spayed or neutered.
An unleashed dog not under control of the owner and off the
premises of the owner.
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.
Any dog which:
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
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
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.
"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.
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.
Any member of the species canis familiaris.
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.
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.
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.
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.
To provide food or shelter to any 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.
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.
Any dog carrying an identification tag.
Any county, town, city or village.
The Agriculture and Markets Law of the State of New York,
in effect as of the effective date of January 1, 2011 and as amended
thereafter.
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.
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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
Any registry association that operates on a nationwide basis,
issues certificates and keeps such records as required by the Commissioner
of Agriculture.
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.
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.
The area within the corporate limits of the Town of Cortlandville,
including the Village of McGraw.
The Cortlandville Town Board.
The Cortlandville Town Clerk.
Any dog that is not spayed or neutered.
Any dog which has been honorably discharged from the United
States armed services.
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.
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.
A.
It shall be unlawful for:
(1)
Any owner to allow any dog to run at large.
(2)
Any owner to fail to restrain any dog by an adequate collar and leash
unless it is accompanied by its owner or a responsible person able
to control it by command, when not on the property of the owner.
(3)
Any owner to allow any dog to engage in habitual loud howling, barking,
crying or whining or conduct itself in such a manner so as to unreasonably
and habitually annoy and/or disturb any person other than the owner
of such dog.
(4)
Any owner to allow any dog to cause damage or destruction to property
or defecate, urinate, dig or otherwise commit a nuisance other than
on the property of the owner of such dog.
(5)
Any owner to allow any dog to chase, jump upon or at, or otherwise
harass any person in such a manner as to reasonably cause intimidation
or fear or to put such person in reasonable apprehension of bodily
harm or injury.
(6)
Any owner to allow any dog to chase, run alongside of, bark at or
otherwise harass any motor vehicle, motorcycle, bicycle, carriage
or any other vehicle or device used by persons for travel or any riders
or occupants thereof while said vehicle or device is on a public highway
or private property other than property of the owner of said dog.
For purposes of this section, a horse or other animal shall be considered
a vehicle or device.
(7)
Any owner to fail to license any dog at the age of four months or
older, or allow any dog to be unlicensed due to failure to renew a
dog license.
(8)
Any owner to fail to have any dog identified by a valid and current
Town dog license and identification tag.
(9)
Any person to knowingly affix to any dog any false or improper identification
tag or any identification tag belonging to another dog.
(10)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article or
Article 7 of the New York State Agriculture and Markets Law.
(11)
Any person to furnish any false or misleading information on any
license or form required by the Town, the Town's Dog Control
Officer, or any shelter or pound servicing the Town.
(12)
Any owner to fail to notify the Town Clerk of any change of ownership,
change of address, death or loss of any dog licensed in the Town.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the owner of such dog that he/she has failed to properly confine,
leash or control his/her dog.
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.
A.
If a domestic, farm or companion animal is injured or killed as a
result of being attacked, chased or worried by any dog(s), the owner
of said dog(s) shall be liable for damage. The owner of such injured
or killed animal may make a complaint to the Town's Dog Control
Officer or a police officer who shall proceed pursuant to the Dangerous
Dog Section of Article 7 of the New York State Agriculture and Markets
Law.
B.
In no event shall the Town of Cortlandville, the Village of McGraw,
or the County of Cortland be held liable for any damage done by any
dog(s).
A.
The determination of a dangerous dog and the prosecution of the owner
of such a dog shall be pursuant to Article 7 of the New York State
Agriculture and Markets Law.
B.
In the event that a dog is determined by the Cortlandville Town Court
to be a dangerous dog, the Court shall give written notice to the
Town Clerk of such determination. The Town Clerk will make note within
such dog's record, if applicable.
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.
A.
Any dog belonging to a person found in violation of any of the provisions
of this article may be seized pursuant to the provisions of Article
7 of the New York State Agriculture and Markets Law.
B.
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized and impounded.
C.
Any dog may be seized and impounded which has been judged to be a
dangerous dog pursuant to Article 7 of the New York State Agriculture
and Markets Law and whose owner has failed to obey a court order pertaining
to said dangerous dog.
D.
Every dog impounded shall be properly cared for, sheltered, fed and
watered for the duration of said seizure, impoundment, redemption
and/or adoption.
E.
Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized during which
period the dog may be redeemed by its owner. Said owner shall provide
proof that the dog has been licensed pursuant to this article and
pay an impoundment fee to the Town Clerk.
F.
The owner of such dog seized and impounded shall pay to the Town
Clerk the following impoundment fees:
(1)
Thirty dollars for the first 24 hours or part thereof and $10 for
each additional 24 hours or part thereof, within one year of the first
impoundment, of such dog owned by that person; or
(2)
Fifty dollars for the first 24 hours or part thereof and $10 for
each additional 24 hours or part thereof for the second impoundment,
within one year of the first impoundment, of such dog owned by that
person; or
(3)
Seventy dollars for the first 24 hours or part thereof and $10 for
each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of such dog
owned by that person.
G.
In the case of an identified dog, the owner of record shall be promptly
notified by the Town's Dog Control Officer of the seizure and
the procedure for redemption either personally serving such owner
or a member of the family at least 18 years of age with a notice,
in writing, stating that the dog has been seized and will be adopted
or destroyed pursuant to the provision of Article 7 of the New York
State Agriculture and Markets Law unless redeemed within the period
herein provided.
H.
Any owner of a dog seized and impounded may redeem the dog within
five days (12 days if the dog bears a license tag) by paying to the
Town Clerk the impoundment fee.
I.
If not redeemed the owner of a dog seized and impounded shall forfeit
all title to the dog, and the dog shall be sold or destroyed pursuant
to the provision of Article 7 of the New York State Agriculture and
Markets Law. In the case of sale, the purchaser shall pay the purchase
price of said dog to the shelter where the dog is seized and impounded
and also must obtain a license for the dog.
J.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees required by this section.
K.
The seizure of any dog shall not relieve any person from any violation
of this article or Article 7 of the New York State Agriculture and
Markets Law.
L.
The owner of any dog seized and impounded within the Town or Village
limits, that is also unlicensed, shall pay the Town Clerk an additional
fee for being unlicensed. Such fee shall be established by resolution
of the Town Board.
A.
Any Town-designated Dog Control Officer or agency having reasonable
cause to believe that a violation of this article has been committed
in his/her presence shall issue and serve upon such person an appearance
ticket for such violation.
B.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a Town-designated Dog Control Officer
or Agency specifying the nature of the violation, the date thereof,
a description of the dog, the location of the violation and the name
and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
C.
Upon receipt by the Town-designated Dog Control Officer or Agency
of any such complaint, that Officer or Agency shall issue an appearance
ticket to the alleged owner of the dog to appear before the Cortlandville
Town Court at a date and time specified by such court.
A.
A plea or conviction of a violation of this article shall be prosecuted
pursuant to penal law, by a fine of not less than $25, except:
(1)
Where a person is found to have violated this article or any prior
Town of Cortlandville Dog Law within the preceding five years, the
fine may be not less than $50, and
(2)
Where the person is found to have violated this article or any prior
Town of Cortlandville Dog Law on two or more occasions 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.
B.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, offenses of this article shall be deemed violations
and for such purposes only all provisions of law relating to violations
shall apply.
C.
No owner of a dog who has a court proceeding pending within the Cortlandville
Town Court regarding such dog will be allowed to license such dog
until the court proceeding within the Cortlandville Town Court is
concluded. For purposes of this section an adjournment in contemplation
of dismissal, conditional discharge or similar disposition shall not
prevent the issuing of a license.
A.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who intentionally refuses, withholds, or denies a
person, because he/she is accompanied by an on-duty police work dog,
working search, war, or detection dog, any accommodations, facilities,
or privileges thereof shall be subject to a civil penalty of up to
$200 for the first violation and up to $400 for each subsequent violation.
B.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who for the purpose of participating in the animal
population control program shall falsify proof of adoption from a
pound, shelter, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog or cat protective association or who shall furnish any licensed
veterinarian of this state with inaccurate information concerning
his/her residency or the ownership of an animal or such person's
authority to submit an animal for a spaying or neutering procedure
pursuant to this article and/or Section 117 of the New York State
Agriculture and Markets Law, and any veterinarian who shall furnish
false information concerning animal sterilization fees shall be guilty
of a violation prosecuted pursuant to the New York State Penal Law
punishable by a fine of not less than $250.
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.
