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.
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.
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.