[Adopted 12-14-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This article also provided for an effective
date of 1-1-2011.
The title of this article shall be "Licensing and Identification
of Dogs in the Town of Olive, County of Ulster."
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by Chapter 59; Part T of the Laws of 2010, and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Olive, County of Ulster, hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
As used in this article, the following terms shall have the meanings
indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
A person who maintains a residence within the Town of Olive,
County of Ulster, State of New York.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Olive, County of Ulster, State of New York.
A.
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk of the Town 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 Town does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the Town or City in which the dog will be harbored for licensing or
to the Town Clerk of the Town, where the shelter is located for the
purchase of the license for adoption purposes.
Any dog harbored within the Town 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 the licensing and identification provisions of this article.
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.
Each license issued pursuant to this article shall be valid
for a period of one year(s) and shall expire on the last day of the
last month of the period for which it was issued. No license shall
be issued for a period expiring after the last day of the 11th month
following the expiration date of the current rabies certificate for
the dog being licensed.
B.
State-mandated animal population control surcharge.
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1 payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3 payable at the time the dog license application is filed.
C.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration, shall be subject to a dog enumeration surcharge
of $10 payable at the time the application is filed to license said
dog.
D.
Replacement tag fee. A replacement tag fee of $15 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
E.
Optional fee exemptions.
(1)
There shall be no fee for any license issued for the following:
(2)
Each copy of any license 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.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town. Such record shall be made available upon request
to the State Commissioner of Agriculture and Markets, or successor
thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dog at all times.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership, and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
(4)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay the sum
of $15 to the Town Clerk for a replacement tag.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; of $50 for
a second violation and $75 for each subsequent violation.
