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, 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. 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 of 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.
(5)
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.
(6)
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.
(7)
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.
B.
Purebred licenses. There shall not be distinct purebred licenses
as previously provided for by state law.
C.
Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this Article II, 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 of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in 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.
License fees and charges:
A.
For each spayed or neutered dog: $5.
B.
For each unsprayed or unneutered dog: $13.
C.
In addition to the license fee established by this chapter, each
application for a dog license shall pay a surcharge of $1 if the dog
to be licensed is altered, or a fee of $3 if the dog sought to be
licensed is unaltered.
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, or police
work dog. A copy of the license for such dogs shall be conspicuously
marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog," "Working
Search Dog," "Detection Dog," or "Police Work Dog," as may be appropriate,
by the Town Clerk.
E.
All fees and charges may be changed from time to time by duly adopted
resolution of the Town Board. License fees may also change automatically
based and effective upon any changes (increases) in state surcharge
payments.
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 it is 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.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the "Town of Tully,"
a unique identification number and the telephone number of the Town
Clerk's office.
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 renewal of the license or upon the time
of such renewal.
A.
(1)
Any owner to fail to license a dog.
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs.
(4)
Any owner of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this Article II.
B.
It shall be the duty of the Dog Control Officer of the Town to bring an action against any person who has committed within the Town any violation set forth in § 100-8, Subsection A, of this Article II. A violation of this section shall be punishable as follows:
(1)
Where prosecuted pursuant to Penal Law, by a fine of not less than
$25, except that:
(a)
Where the person was found to have previously violated this
section once within the proceeding five years, it shall be punishable
by a fine of not less than $50; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, it shall be punishable
by a fine of not less than $100 or imprisonment for not more than
15 days, or both.
(2)
Where prosecuted as an action to recover a civil penalty, by a fine
of not less than $25, except that:
