[Adopted 11-15-2010 by L.L. No. 9-2010]
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. Effective January 1, 2011, the
State of New York has relinquished the responsibility of dog licensing
function to local municipalities and eliminated the Animal Population
Control Fund.
A.
Licensing of dogs. All dogs within the Town of Newburgh four months
of age or older, unless otherwise exempted, shall be licensed. The
owner of each dog required to be licensed shall obtain, complete and
return to the Clerk 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 of Newburgh.
B.
Term of license and renewal. Each license issued shall be valid for
a period of one year and shall not be transferrable. A license shall
be renewed after a period of one year, with applications for renewal
to be submitted to the Clerk beginning with the first day of the month
following the date of issuance. Said licenses and renewals thereof
shall expire on the last day of the month in the year following the
issuance of the license or renewal.
C.
Dogs under four months in age. 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.
D.
License and renewal fees. Every person applying to the Town for a dog license shall pay an annual license fee as set forth in Chapter 104, Fees, for each dog. For each annual renewal, the fee for the renewal license shall be noted on the renewal form and shall be subject to change by the Town of Newburgh. 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. Each copy of the license issued by the Clerk shall be conspicuously marked "Detection Dog," "Guide Dog," "Hearing Dog," "Police Work Dog," "Service Dog," "Therapy Dog," "War Dog" or "Working Search Dog," as may be appropriate, by the Clerk.
E.
State surcharge. In addition to the license fee established by Chapter 104, each applicant for a dog license shall pay a surcharge of at least $1 if the dog to be licensed is spayed or neutered, or a surcharge of at least $3 if the dog sought to be licensed is unaltered or is to be issued a purebred license, to be remitted to the state in accordance with the requirements of the State Agriculture and Markets Law.
F.
License application requirements. Applications for a dog license
shall be made to the Clerk.
(1)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), municipal identification number of the dog,
and other identification makers, if any, and the name, address, telephone
number, county and town, city or village of residence of owner and
such other information as the Clerk may reasonably deem relevant.
(2)
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 is the same is already on file with the Clerk. In lieu of a spay or neuter certificate, the 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 spay or neutered dog as set forth in Chapter 104.
(4)
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.
(5)
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.
G.
Transferability. No license shall be transferrable. 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.
H.
License required to adopt. No dog can be adopted out of the Town's
animal shelter without first obtaining a license from the Clerk.
I.
Purebred licenses. Distinct purebred licenses shall be issued by the Clerk, subject to the payment of the applicable purebred license fee set forth in Chapter 104. Any and all existing purebred licenses will now be required to comply with this chapter.
J.
Exemption for certain dogs temporarily harbored in the town. Any
dog harbored within the Town 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.
K.
Rabies vaccination. The Clerk, as 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.
L.
Enumeration. In addition to the applicable license fees and surcharges,
each applicant for a dog license or renewal may be subject to a surcharge
to be determined by resolution of the Town Board adopted from time
to time, which shall be retained by the Town and used to defray the
cost of an enumeration of dogs living within the Town and the cost
of providing replacement identification tags.
A.
Each dog licensed by the Town 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 or harness on the dog at all times. For purebred licenses, the Town may provide the licensee, at his or her expense, the specified number of tags for which fees have been collected pursuant to Chapter 104, imprinted with the same identification number as the purebred number, to be affixed to the collar or harness of only a dog owned by the holder of the purebred license and harbored on his or her premises.
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 at his or her 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 following: "Town
of Newburgh," "State of New York," a unique identification number
and the telephone number of the Clerk's office.
F.
A dog participating in a dog show shall be exempt from the identification
requirement of this section during such participation.
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 license or upon the time of such
renewal.
A.
Section 118 of the Agriculture and Markets Law establishes violations,
penalties and procedures pertaining, among other things, to the licensing
and identification of dogs and the furnishing of information on forms
and notifications to municipalities. The provisions below are in supplementation
and not in substitution of Agriculture and Markets Law § 118.
C.
Violations of this article shall be subject to a fine, not to be
less than $25, except that:
