The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Any dog that is off the premises of its owner or custodian
or is not under the immediate control of its owner or custodian or
a responsible person over 16 years of age who is able to control the
dog. No dog shall be deemed to be at large if it is:
A.
A guide dog actually leading a blind person or a dog being trained
as a guide dog;
B.
A hearing dog actually aiding a deaf person or a dog being trained
to assist a deaf person;
C.
A police work dog in use for police work; or
D.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
CUSTODIAN
One that has a dog in his or her custody.
DETECTION DOG
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.
DOG
Any member of the species Canis familiaris.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, goat, swine, fowl,
duck, goose, turkey, confined domestic hare or rabbit, pheasant or
other bird which is raised in confinement under license from the State
Department of Environmental Conservation before release from captivity,
except that the varieties of fowl commonly used for cockfights shall
not be considered domestic animals for the purposes of this article.
GUIDE DOG
Any dog that is trained to aid the blind and is actually
used for such purpose.
HARBOR
To provide food or shelter to any animal.
HEARING DOG
Any dog that is trained to aid the deaf and is actually used
for such purpose.
IDENTIFICATION TAG
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the state of New York, contact information for the municipality, and
such other information as the licensing municipality deems appropriate.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 111
of Article 7 of the Agriculture and Markets Law.
OWNER
Any person who harbors or keeps any animal, except that,
if the owner is a person under 18 years of age, then the owner shall
be deemed to be the parent or guardian of such person.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to Article 7 of the Agriculture and Markets Law, except that, if any
license is issued on application of a person under 18 years of age,
the owner of record shall be deemed to be the parent or guardian of
such person. If it cannot be determined in whose name any dog was
last licensed or if the owner of record has filed a statement pursuant
to the provisions of § 112 of Article 7 of the Agriculture
and Markets Law, the owner shall be deemed to be the owner of record
of such dog, except that, if the owner is under 18 years of age, the
owner of record shall be deemed to be the parent or guardian of such
person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
POLICE WORK DOG
Any dog owned or harbored by any state or 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.
SERVICE DOG
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.
THERAPY DOG
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 during the
period such dog is being trained or bred for such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
The application for a dog license or a purebred license shall
be accompanied by the license fee set forth in the Fee Schedule pertaining
to permits and licenses issued by the Town Clerk's office, duly adopted
by Town Board resolution, and available for inspection in the Town
Clerk's office. No license fee shall be required for any guide, hearing,
service, war, working search, detection, police work and therapy dogs,
provided that verification of such status is provided by the dog's
owner. In addition to the license fee, each applicant for a dog license
shall pay a surcharge of $1 if the dog to be licensed is neutered
or spayed, or a fee of $3 if the dog sought to be licensed is unneutered
or unsprayed, which shall be transmitted to New York State.
Impoundment fees, also known as redemption fees, shall be set
forth in the Fee Schedule pertaining to permits and licenses issued
by the Town Clerk's office, duly adopted by Town Board resolution,
and available for inspection in the Town Clerk's office.
This article shall be enforced by the Town of Colonie Animal
Control Officers and Police Department. In addition, any Animal Control
Officer or any peace officer authorized by the Town of Colonie to
assist in the enforcement of this article may serve any process related
to any proceeding, whether criminal or civil in nature and including
an appearance ticket.