[Adopted 11-10-2010 by L.L. No. 3-2010]
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to the local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.[1]
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Cochecton,
where licenses are to be validated or issued.
Any dog that is trained and is actually used for such purposes
or is undergoing 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 dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
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.[2]
To provide food or shelter to any dog.[3]
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 training.
A tag, which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps a dog.[4]
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
Any dog owned or harbored by any 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 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 of New York
during the period such dog is being trained or bred for such purpose.
The Town of Cochecton, including incorporated areas.
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 and is actually used for such purposes.[5]
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
date of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed color(s), and official identification number of the dog,
and other identification marks, if any, and the name, address, telephone
number, county and Town residence of owner.
(4)
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided such certificate
shall not be required if the same is already 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. In
such case, the license fee for the dog shall be the same as for a
spayed or neutered dog as set forth in Subdivision 1 of § 110
of the Agriculture and Markets Law.[1]
(5)
The fees for a dog license shall be as determined by the Town Board
by resolution and shall be in accordance with Agriculture and Markets
Law § 110 and shall include therein any applicable surcharges
as set forth therein. There shall be no fee charged for the license
issued for any detection dog, geese dog, guide dog, hearing dog, police
work dog, service dog, therapy dog, war dog or working search dog.
(6)
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.
(7)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(8)
No license shall be transferable. Upon the transfer or 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.
(9)
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
B.
Purebred license. 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 § 75-10.
C.
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present 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 age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
D.
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee as set from time to time by resolution of the Town
Board. Such additional fee shall be used to pay the expenses incurred
by the Town conducting the enumeration. In the event the additional
fees collected exceed the expenses incurred by the Town in conducting
an enumeration in any year, such excess fees may be used by the Town
for any other lawful purpose.[2]
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official 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.
B.
The official 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 assigned.
C.
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 as set from time
to time by resolution of the Town Board.[1]
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one which that number has
been assigned.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.
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 Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to the renewal of license or upon the time
of such renewal.
