[1]
Editor's Note: This local law also provided that it shall
take effect 1-1-2011.
The purpose of this article is to provide for the licensing
and identification of dogs within the Town of Cicero.
A.
Any dog harbored within the Town of Cicero 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 this article.
B.
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 for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
A.
All dogs harbored within the Town that are four months of age or
older, unless otherwise exempted, must be licensed. No license shall
be required for any dog that is under the age of four months and which
is not at large or 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. Licenses shall only be issued or validated
by the Clerk of the Town.
B.
The owner of each dog required to be licensed shall obtain, complete
and return to the Clerk 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 application
shall be made using a form or forms provided by the Town, and shall
include the sex, actual or approximate age, breed, color and municipal
identification number of the dog and other identification marks if
any, as well as the name, address, telephone number, county and town,
city or village of residence of the owner as well as any other information
the Town may deem appropriate.
C.
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.
D.
In the case of a spayed or neutered dog, every license application
shall 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, unless such certificate or affidavit is already
on file with the Clerk. In lieu of such certificate, an owner may
also present a statement certified by a licensed veterinarian stating
that he or she 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.
E.
Upon validation by the Clerk, the application shall become the license
for the dog described therein. Once an application has been validated,
no refund therefor shall be made. The Clerk shall provide a copy of
the license to the owner and retain a copy in the Town records. Upon
request, the license shall be made available by the Town to the Commissioner
of the New York State Department of Agriculture and Markets for purposes
of rabies and other animal disease control efforts and actions.
F.
Each license issued or renewed shall be valid for a period of one
year and shall not be transferable. Each license shall expire on the
last day of the last month of the period for which they are issued.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog.
A.
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by § 58-14.2 of this article. A purebred license shall be valid for a period of one year and shall be renewable annually thereafter prior to the expiration date. Such application shall be made to the Clerk of the Town.
B.
The application shall be made using a form or forms provided by the
Town, and shall include at a minimum the name, address and telephone
number of the owner; the county and city, town or village where such
dog(s) is or 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.
D.
Upon receipt of the foregoing items, the Clerk shall validate the
application, assign a license number, which shall be reserved for
the sole use of the named owner, and shall issue a purebred license.
Once an application has been validated, no refund therefor shall be
made. The Clerk shall provide a copy of the purebred license to the
owner and retain a record of the purebred license in the Town records.
A.
The fee for a dog license issued pursuant to §§ 58-14.2 or 58-14.3 shall be established by Town Board resolution. Where the owner submits a statement certified by a licensed veterinarian stating that he or she 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, the license fee for the dog shall be the same as for a spayed or neutered dog.
B.
In addition to the license fee established in Subsection A of this section, each applicant for a dog license shall pay a surcharge of at least $1 for each spayed or neutered dog, or a surcharge of at least $3 for each unspayed or unneutered dog, as set forth by Town Board resolution. The amounts collected through this surcharge shall be used for the purposes of carrying out animal population control efforts. Where the owner submits a statement certified by a licensed veterinarian stating that he or she 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, such dog shall be treated as a spayed or neutered dog for purposes of this surcharge.
C.
In addition to the license fee established in Subsection A of this section, and the surcharge described in Subsection B of this section, it is within the Town Board's discretion to assess against each applicant for a dog license an additional surcharge, as set forth by Town Board resolution. The amounts collected through this surcharge shall be retained by the Town to defray the cost of an enumeration of dogs living within the Town and the cost of providing replacement identification tags. The Town may also assess an additional fee against any person applying for a dog or purebred license for a dog identified as unlicensed during an enumeration conducted by the Town.
D.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog or therapy dog, as those terms are defined in Section 108
of Article 7 of the New York State Agriculture and Markets Law. Each
copy of any license issued 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.
E.
Any dog owner presenting sufficient proof that such dog owner is
65 years of age or over may be entitled to pay a lower annual license
fee, as set forth by Town Board resolution.
A.
Each dog licensed pursuant to § 58-14.2 of this article shall be assigned, at the time the dog is first licensed, a Town identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. 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 his expense at a fee and in a manner prescribed by the Clerk.
B.
A dog participating in a dog show shall be exempt from the identification requirement in Subsection A of this section during the participation in such dog show.
C.
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.
D.
The holder of a purebred license may procure, at his or her expense,
any number of tags imprinted with the same number as the purebred
license. One such tag shall be affixed to the collar of each dog harbored
pursuant to the purebred license at all times, provided that a dog
participating in a dog show shall be exempt from this requirement
during such participation. Such a tag shall be affixed only to the
collar of a dog owned by the holder of the purebred license and harbored
on his premises.
E.
The applicant for a license for any guide dog, hearing dog, service dog or detection dog, as those terms are defined in Section 108 of Article 7 of the New York State Agriculture and Markets Law, may procure a special tag for identifying such dog. This special tag shall be in addition to the identification tag required by Subsection A of this section.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the Clerk a written report of such change.
Such owner of record shall be liable for any violation of this article
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 pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft file with the Clerk a written report of such
loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall notify the
Clerk either prior to or upon the time for renewal of the license.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by
this article;
(3)
Any person to knowingly affix to any dog any false or improper
identification tag, special identification tag or purebred license
tag;
(4)
Any person to furnish any false or misleading information on
any form required to be filed with the Town pursuant to the provisions
of this article or rules and regulations promulgated thereto;
B.
A violation of this article shall constitute an offense punishable
by the issuance of an appearance ticket and maximum fines of $50 for
the first offense, $100 for the second offense and $250 for the third
offense.
C.
To plead guilty, complete the appearance ticket and mail your certified
check or money order in the appropriate amount payable to Cicero Town
Court within five days of the alleged violation by registered or certified
mail, return receipt requested, together with the appearance ticket.
D.
To plead not guilty:
(1)
Send your not-guilty plea together with the completed appearance
ticket and a certified check or money order for $15 as security payable
to Cicero Town Court within five days of the alleged violation by
registered or certified mail, return receipt requested.
(2)
The Court will thereafter advise you by return mail of the new
date for your trial. Your failure to appear will forfeit your security
of $15 and a summons or warrant of arrest may be issued pursuant to
the Criminal Procedure Law.
