[HISTORY: Adopted by the Town Board of the Town of Dover
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2010 by L.L. No. 3-2010[1]]
[1]
Editor's Note: This local law also superseded former
Art. I, Control of Dogs, adopted 6-7-1976 by L.L. No. 1-1976, as amended,
and Art. II, Fees; Seizure and Redemption, adopted 9-10-1979 by L.L.
No. 2-1979, as amended. This local law provided that it would take
effect 1-1-2011.
This article shall be known and may be cited as the "Dog Licensing
and Control Law of the Town of Dover, New York."
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 personal property, domestic animals
and deer from dog attack and damage and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York, as amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
Any individual appointed by the Town Board to enforce this
article.
The Town Clerk, or Deputy Town Clerk, of the Town of Dover
or his or her agent.
Any member of the species Canis familiaris.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
Any person who harbors or keeps any dog.
Any resident of the Town age 60 or older.
The Town of Dover, including incorporated areas.
A.
License application.
(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,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as specified below.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and municipal identification number of the
dog, and other identification marks, if any, and the name, address,
telephone number, county and town of residence of owner, and such
other information as deemed necessary by the Clerk.
(4)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk. In the event a certificate of neuter or spay is not available,
an affidavit signed by the dog owner, affirmed under the penalty of
perjury, shall be submitted to the Town Clerk.
(5)
The application shall be accompanied by 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.
B.
License fees. The fee for a dog license shall be as follows:
(1)
The fee for a dog license shall be established by Town Board resolution
annually.
(2)
Upon submission of proper documentation, there shall be no fee charged
for the license issued for any detection dog, guide dog, hearing dog,
police work dog, service dog, therapy dog, war dog or working search
dog, as such terms are defined by the Agriculture and Markets Law.
(3)
In addition to other applicable fees, any person applying for a dog
license identified as unlicensed subject to enumeration shall pay
an additional 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.
C.
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.
D.
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.
E.
A license shall be renewed after a period of one year beginning with
the first day 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.
F.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
G.
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
H.
Purebred licenses. The Town shall not issue purebred or kennel licenses.
All dogs shall be licensed individually in accordance with the fees
stated above.
I.
Any dog harbored within the Town that 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 article.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.
The 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 at his expense at a fee of $3.
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 words "Town of
Dover," a unique identification number, and the telephone number of
the Town Clerk's office.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A.
In the event of a change in ownership of any dog that has been assigned
an 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 that has been assigned a municipal 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 license or upon the time of
such renewal.
In accordance with § 117 of the Agriculture and Markets
Law:
A.
The Dog Control Officer shall seize:
(1)
Any dog which is not licensed, whether on or off the owner's
premises.
(2)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous.
(3)
Any dog which poses an immediate threat to the public safety.
B.
The Dog Control Officer, when acting pursuant to his or her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of the such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner, provided that such owner
produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this article and further provided that
the owner pays the following impoundment fees:
(1)
Not less than $20 for the first impoundment of any dog owned by that
person.
(2)
Not less than $30 for the first 24 hours or part thereof and $40
for each additional 24 hours or part thereof for the second impoundment,
within one year of the first impoundment, of any dog owned by that
person.
(3)
Not less than $50 for the first 24 hours or part thereof and $75
for each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.
(4)
If, upon redemption, any dog received a rabies vaccination, the charge
for such vaccination shall be added to impoundment fees.
E.
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
F.
Prior to releasing a dog to its owner or adopting out a dog, the
Animal/Dog Control Officer shall deliver to the owner a statement
of the number of days the dog has been in the shelter and the costs
for any veterinary care, which statement the owner shall take to the
Clerk, to whom all fees due and owing for the shelter and veterinary
care shall be paid, together with the impoundment fees and any licensing
fees, whereupon the Clerk shall give a receipt to the owner who shall
then deliver it to Animal/Dog Control Officer, at which time such
dog may be released to owner.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of the article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort of any
person other than the owner of such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than its owner or keeper.
D.
Chase, jump upon or at, or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises.
