This section is enacted pursuant to the authority conferred on the Town Board by Agriculture and Markets Law §§ 109 through 110.
A. 
The owner of any dog shall immediately make application for a dog license if:
(1) 
The dog is four months of age or older; and
(2) 
The dog is harbored in the Town of Barton for a period of 30 days or more and does not have a valid dog license issued by the Town of Barton; and
(3) 
The dog is not exempt pursuant to Agriculture and Markets Law § 109.
B. 
Application for a dog license shall be made to the Clerk. The Town Board by resolution to be kept on file in the Clerk's Office may authorize an animal shelter manager to accept dog license applications and collect the appropriate fees on behalf of the Town. No other person or entity shall have the ability to issue dog licenses for dogs harbored within the Town.
C. 
The owner of the dog shall submit to the Clerk a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or other reason, the life of the dog or dogs would be endangered by the administration of the vaccine. With such statement, the owner shall state the current identification number of the dog or any identification marks on the dog, if any, and the sex, age, breed, and color of the dog.
D. 
In the case of a spayed or neutered dog, the owner shall also submit a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is on file with the Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. If the owner does not include information on the spaying or neutering of the dog, the dog shall be deemed unaltered for the purposes of the license fee.
E. 
The owner must pay a license fee prescribed by the fee schedule of the Town of Barton, which is established in accordance with the surcharge requirement of Agriculture and Markets Law § 110. License fees may be established or adjusted by resolution of the Town Board. License fees are never refundable.
F. 
Upon validation by the Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund shall be made.
G. 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
H. 
The owner shall receive an identification tag with a number assigned by the Town of Barton and shall affix the identification tag to the collar of the dog. If the dog is wearing a valid tag from another Town within Tioga County, at the discretion of the Town Clerk, that tag can continue to be used until the license expires.
I. 
An original license, if issued by the Clerk, shall be issued for a period of one year, and shall expire on the last day of the month that is one year from the date of the original issue date.
J. 
Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog, as defined in Agriculture and Markets Law § 108, is exempt from the license fee paid to the Town, and the license shall be marked with the appropriate designation as set forth in Agriculture and Markets Law § 110(2). Pursuant to Article 7 of the New York State Agriculture and Markets Law, however, said dogs are not exempt from the mandated population control surcharge remitted to the State of New York.
A. 
License renewal documents shall be mailed by the Clerk.
B. 
The owner must apply for a renewal license. A new rabies certificate or in-lieu-of statement as described above shall be required if said certificate or statement has expired and expires within 30 days of the date of renewal. A spay/neuter certificate shall not be required if one is on file with the Clerk. If the dog is spayed or neutered between renewals, the certificate must be presented to the Clerk.
C. 
The owner may apply for and purchase a renewal license for one, two, or three years, and at that time shall pay the fee for each year of requested renewal. The renewal shall expire on the last day of the month in the same month that it was originally issued. License fees are never refundable.
D. 
The month that a dog license expires will be the same month for each renewal year. A renewal month will not change due to an early or late renewal. Owners having more than one dog may request a common renewal date for their licenses, which may be granted at the discretion of the Clerk, provided that all other licensing requirements are met.
E. 
An additional fee may be established by resolution of the Town Board should a dog be identified as unlicensed during an enumeration.
This section is enacted pursuant to the authority conferred on the Town Board by Agriculture and Markets Law § 111.
A. 
The identification tag issued by the Town of Barton for a dog shall be affixed to a collar on that dog at all times.
B. 
If a dog was licensed in a different municipality, and the dog is harbored in the Town and therefore a new license from the Clerk of the Town of Barton is required, upon proper application the Clerk shall assign the dog an identification number and issue a new identification tag. The Town of Barton tag shall be worn at all times and the identification tag from the prior municipality shall not be affixed to the dog's collar. If the dog is wearing a valid tag from another Town within Tioga County, at the discretion of the Town Clerk, that tag can continue to be used until the license expires.
C. 
If a dog's original or renewal license was made pursuant to the New York State Agriculture and Markets Law, upon proper application the Clerk shall assign the dog an identification number and issue a new identification tag. Any former identification tags shall be discarded and the Town of Barton tag shall be worn at all times.
D. 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E. 
Lost tags shall be replaced at the expense of the owner at a fee set in the fee schedule of the Town of Barton.
A. 
Purebred kennel licenses are offered in the Town as an alternative to individual dog licenses for owners that are actively involved in the breeding and sale of purebred dogs. All purebred dogs over the age of four months owned by the holder of a purebred kennel license must be listed in the purebred kennel license application or renewal.
B. 
An owner must own one or more purebred dogs to qualify for a purebred kennel license.
C. 
At the time of application or renewal, the Clerk shall assign a purebred kennel license identification number.
D. 
An application or renewal for a purebred kennel license shall include rabies vaccine certification as specified in § 61-8C for every dog listed on the license and may include information on the spaying or neutering of one or more dogs. All such applications and renewals shall be accompanied by a fee as set forth in the fee schedule of the Town of Barton.
E. 
Purebred kennel licenses shall be issued for one year and renewed annually.
F. 
A purebred kennel license is not transferable. If a purebred dog changes ownership, the new owner must immediately apply for a dog license or, if applicable, add that dog to that owner's purebred kennel license.
G. 
The Clerk may request that the Dog Control Officer verify the number of dogs claimed on any purebred kennel license.
A. 
In the event of a change in the ownership of any dog which has been licensed in the Town of Barton or in the address of the owner of record, the owner of record shall, within 10 days of such change, file with the Town of Barton a written report of such change. Such owner of record shall be liable for any violation of this Part 1 until such filing is made or until the dog is licensed in the name of the new owner.
B. 
If any dog which has been licensed in the Town of Barton is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Town of Barton a written report of such loss or theft. In the case of loss or theft, the owner of record of any such dog shall not be liable for any violation of this Part 1 committed after such report is filed.
C. 
In the case of the death of the dog licensed in the Town of Barton, the owner of record shall so notify the Town of Barton either prior to the time the license is to be renewed or upon the time of such renewal.
In the event that the County of Tioga establishes its own program for the spaying or neutering of animals pursuant to § 117-a(6) of the Agriculture and Markets Law, which has been approved by the administrative entity set up by subdivision 2 of § 117-a of the Agriculture and Markets Law, then in that event, the Town Board, by resolution, may pay the funds it collects from dog licensing fees which are marked for the animal population control fund pursuant to § 110(3) of Agriculture and Markets Law, rather than to the state-authorized entity, directly to the County of Tioga or, if appropriate, its designee.
The furnishing of any false or misleading information on any license application or form to the Clerk, the Dog Control Officer, or a police or peace officer is prohibited and shall be punishable pursuant to this Part 1. This Part 1 shall be enforced by any police officer, or peace officer, or may be performed by the Dog Control Officer. Such person so acting may issue an appearance ticket for a violation of this Part 1.