[Adopted 12-1-2010 by L.L. No. 2-2010]
The people of the State of New York have in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, the Municipal Home Rule Law of the State of New
York at § 10 grants to local governments the power to adopt
and amend local laws.
The purpose of this article is to provide for the identification
and licensing of dogs and the control and protection of the dog population.
This article shall apply to all areas of the Town of Sullivan.
Any dog harbored in the Town of Sullivan which is owned by a resident
of New York City and 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 this article.
As used in this article, unless otherwise expressly stated or
the context or subject matter requires otherwise, the following terms
shall have the meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
Article 7 of the New York State Agriculture and Markets Law.
The Town Clerk or a Deputy Town Clerk of the Town of Sullivan.
The State Commissioner of Agriculture and Markets.
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 individual appointed by the Town of Sullivan to assist
in the enforcement of this article and Article 7 of the Agriculture
and Markets Law or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated, dog protective
association under contract with the Town of Sullivan to assist in
the enforcement of this article.
To bring about death by a humane method.
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 during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
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 during the period such dog
is being trained or bred for such purpose.
A tag issued by the Town of Sullivan which sets forth an
official identification number, together with the name of the Town
of Sullivan, the State of New York, contact information, including
the telephone number of the Town of Sullivan and such other information
as the Town of Sullivan deems appropriate.
Any dog carrying identification tag as provided in Article
7 of the Agriculture and Markets Law.
A Town Justice of the Town of Sullivan.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of Sullivan.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the Agriculture and Market 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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
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.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keep such records as
may be required by the Commissioner.
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 during the
period such dog is being trained or bred for such purpose.
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, is actually used for such purpose and is registered with
the Department of Agriculture and Markets; provided, however, that
such services provided by said dog shall be performed without charge
or fee.
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 which is under the age of four months and which 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. Except as otherwise provided in this section, a license shall be issued or renewed for a period of one, two or three years, provided that no license shall be issued for a period expiring after the expiration date of the current rabies certificate for the dog being licensed. All licenses shall expire on the last day of the last month of the period for which they are issued. In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian as provided in Subsection D of this section, a license shall be issued or renewed for a period of one, two or three years from the date of said statement.
(2)
Application for a dog license shall be made to the Town Clerk.
(3)
The application shall state the sex, actual or approximate age, breed,
color, and official identification number of the dog, and other identification
marks, if any, and the name, address and telephone number, county
and town, city or village of residence of the owner.
(4)
The application shall be accompanied by the license fee prescribed by resolution of the Town Board in accordance to § 105-18A of this article and a certificate of rabies vaccination or statement in lieu thereof, as required by Subsection D of this section. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the Town 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.
(5)
Upon validation by the Town Clerk, the application shall become a
license for the dog described therein. Once an application has been
validated, no refund therefor shall be made.
(6)
The Town Clerk shall provide a copy of the license to the owner.
If the application for a dog license (or renewal) is made by mail
and the owner requests a validated copy, the owner shall provide a
stamped, self-addressed envelope for that purpose. The Clerk should
also retain a record of the license that shall be made available upon
request to the Commissioner for purposes of rabies and other animal
disease control efforts and actions.
(7)
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.
(8)
The Clerk shall, within five business days after the license has
been validated, send a copy of the validated license to the licensing
municipality in which the dog is to be harbored, where applicable.
(9)
The Clerk shall make or cause to be made from such statements a record
of such information and shall file such record with a copy of the
license. Such records shall be made available to the Commissioner
upon request for rabies and other animal disease control efforts.
B.
Purebred license and purebred dog license.
(1)
The owner of one or more purebred dogs registered by a recognized
registry association may annually make an application for a purebred
license, in lieu of or in addition to the individual licenses required
by this article. A purebred license shall be valid for a period of
one year beginning with the first day of the month following the date
of issuance and shall be renewable annually thereafter prior to the
expiration date. Each bred of purebred dogs shall require a separate
purebred license.
(2)
Such application shall be made to the Town Clerk.
(3)
The application shall state the name, address and telephone number
of the owner; the sex, breed, registry name and number of each purebred
registered dog over the age of four months which is harbored on the
premises; and the sex and breed of each purebred dog over the age
of four months which is harbored on the premises and which is eligible
for registration. The application shall also include a statement by
the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
(5)
Upon receipt of the foregoing items, the Town Clerk shall assign
a license number, which shall be reserved for the sole use of the
named owner, and shall issue a purebred license. Once a purebred license
has been issued, no refund therefor shall be made.
(6)
The Town Clerk shall provide a copy of the purebred license to the
owner.
(7)
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A.
(8)
The Clerk shall make or cause to be made from such statements a record
of such information and shall file such record with a copy of the
license. Such records shall be made available to the Commissioner
upon request for rabies and other animal disease control efforts.
C.
Relocation/relicensing.
(1)
The owner of any dog currently licensed in another municipality being
harbored in the Town of Sullivan must apply for and obtain a license
issued by the Town of Sullivan within 30 days.
(2)
Any dog being adopted from an animal shelter by a resident of the
Town of Sullivan must be licensed in the Town of Sullivan prior to
being released from said shelter.
D.
Vaccinations. The Town Clerk 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 old age or other reason the life of the dog or dogs would be endangered
by the administration of vaccine. The Town Clerk shall make or cause
to be made from such statement a record of such information as may
be required and shall file such record with a copy of the license.
A.
License fee. A fee schedule shall be established by resolution of
the Town Board of this Town. Such fee schedule may thereafter be amended
by resolution at the annual organizational meeting of the Town Board
of this Town. The fees set forth in, or determined in accordance with,
such fee schedule or amended fee schedule shall be charged and collected
prior to the issuance of a license.
B.
No fee for guide dogs, etc. There shall be no fee for any 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 any license for such dogs 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 Town Clerk.
C.
Unlicensed dog fee. In addition to any other applicable fee, any person applying for a dog or purebred license for a dog identified as unlicensed during an enumeration conducted pursuant to Article 7 of the Agriculture and Markets Law shall pay a fee established by resolution of the Town Board of the Town of Sullivan as provided in Subsection A. Such additional fee shall be the property of the Town of Sullivan and shall be used to pay the expenses incurred by the Town of Sullivan in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town of Sullivan in conducting an enumeration in any year, such excess fees may be used by the Town of Sullivan for any other lawful purpose.
On or before the 10th day of each month beginning on February
10, 2011, the Town Clerk shall remit to the Town Supervisor all license
fees.
A.
Permanent official identification number. Each dog licensed pursuant to § 105-17 of this article shall be assigned, at the time the dog is first licensed, 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, provided that a dog participating in a dog show shall be exempt from this requirement during such participation.
B.
Official identification number of dog. 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.
Identification tag. At the time a dog is first licensed, one identification
tag shall be furnished to the owner at no charge. Should an official
Town of Sullivan dog tag be lost, a new tag will be issued at a fee
prescribed by the Town Board.
D.
Identification tag not to be affixed to any other dog. 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.
Purebred license tags. The holder of a purebred license may procure,
at his expense, any number of tags imprinted with the same number
as the purebred license. One such tag shall be affixed to the collar
of each dog harbored pursuant to the purebred license at all times,
provided that a dog participating in a dog show shall be exempt from
this requirement during such participation. Such a tag shall be affixed
only to the collar of a dog owned by the holder of the purebred license
and harbored on his premises.
F.
Size and shape of tags prescribed by Town Board. The size, shape
and form of imprints on identification tags and purebred license tags
shall be prescribed by the Town Board, and any tag bearing an imprint
other than that prescribed shall not constitute valid identification
for the purposes of this article.
A.
Change of ownership. In the event of a change in the ownership of
any dog which has been assigned an official Town of Sullivan identification
number or change in the address of the owner of record any such dog,
the owner of record shall, within 10 days of such change, file with
the Town Clerk a written report of such change. Such owner of record
shall be liable for any violation of this article and Article 7 of
the Agriculture and Markets Law until such filing is made or until
the dog is licensed in the name of the new owner.
B.
Lost or stolen dog. 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, file with the
Town Clerk, a written report of such loss or theft. In the case of
a loss or theft, the owner of record of any such dog shall not be
liable for any violation of this article and Article 7 of the Agriculture
and Markets Law committed after such report is filed.
Section 117 of Article 7 of the Agriculture and Markets Law
provides for the seizure of dogs, redemption periods, impoundment
fees and adoption of dogs and further provides that any municipality
may set by local law impoundment fees in any amount. Therefore, Subdivision
4(a), (b), and (c) of § 117 of Article 7 of the Agriculture
and Markets Law are amended to be as follows:
A.
Not less than $20 for the first impoundment of any dog owned by that
person;
B.
Not less than $60 for the first 24 hours or part thereof and $10
for each 24 hours or part thereof for the second impoundment, within
one year of the first impoundment, of any dog owned by that person;
and
C.
Not less than $100 for the first 24 hours or part thereof and $10
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.
A.
Violations. It shall be a violation, punishable as provided in this § 105-23, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(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 or purebred license tag;
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to Article 7 of the
Agriculture and Markets Law;
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the Town of Sullivan pursuant to the
provisions of this article, Article 7 of the Agriculture and Markets
Law or rules and regulations promulgated pursuant thereto;
(6)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog;
(7)
Any owner or custodian of a dog to fail to notify the Town Clerk
of any change of ownership or address as required by this article.
B.
Duty of Dog Control Officer. It shall be the duty of the Dog Control
Officer of the Town of Sullivan to bring an action against any person
who has committed within the Town of Sullivan any violation set forth
in this section, pursuant to Article 7 of the NYS Agriculture and
Markets Law. The Town of Sullivan may elect either to prosecute such
action as a violation under the penal law or to commence an action
to recover a civil penalty. A violation of this section shall be punishable,
subject to such an election, either:
(1)
Where prosecuted pursuant to the penal law, by a fine of not less
than $20 nor more than $50, except that:
(a)
Where the person was found to have violated this article or
Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine shall not be less than $50 nor more than $100;
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 nor more than $200 or imprisonment
for not more than 15 days, or both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $20 nor more than $50, except that:
(a)
Where the person was found to have violated this article or
Article 7 of the Agriculture and Markets Law within the preceding
five years, the civil penalty shall not be less than $50 nor more
than $100; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, the civil penalty shall
not be one less than $100 nor more than $200.
(3)
A defendant charged with a violation of any provision of Article
7 of the Agriculture and Markets Law or this article may in person
plead guilty to the charge in open court.
(a)
A defendant may also submit to the magistrate having jurisdiction,
in person, by duly authorized agent, or by registered or certified
mail, a statement:
[1]
That he or she waives arraignment in open court and the aid of counsel;
[2]
That he or she pleads guilty to the offense charged;
[3]
That he or she elects and requests that the charge be disposed of
and the fine or penalty fixed by the court;
[4]
Of any explanation that he or she desires to make concerning the
offense charged; and
[5]
That he or she makes all statements under penalty of perjury.
(b)
Thereupon, the magistrate may proceed as though the defendant
had been convicted upon a plea of guilty in open court; provided,
however, that any imposition of fine or penalty hereunder shall be
deemed a tentative disposition until such fine or penalty shall have
been paid and discharged in full. If upon receipt of the aforesaid
statement, the magistrate shall deny the same, he or she shall thereupon
notify the defendant of this fact, and that he or she is required
to appear before the magistrate at a stated time and place to answer
the charge which shall thereafter be disposed of pursuant to the applicable
provisions of law.
(4)
Any person who shall violate any other provision of this article
or rules and regulations promulgated pursuant thereto shall be subject
to the following provisions:
(a)
Failure of any owner of record to notify the Town Clerk of any change of ownership or address as required by § 105-17 will result in a fine of $10;
(b)
Failure of any person to have any dog identified and licensed
as required will result in a fine of $25;
(c)
Knowingly affixing to any dog any false or improper identification
tag will result in a fine of $25;
(d)
Failure to confine, restrain or present such dog for any lawful
purpose pursuant to Article 7 of the Agriculture and Markets Law will
result in a fine of $25;
(e)
Furnishing false or misleading information on any form required
to be filed with the Town of Sullivan pursuant to the provisions of
this article, Article 7 of the Agriculture and Markets Law or rules
and regulations promulgated pursuant thereto will result in a fine
of $25;
(f)
Failure of any person to exercise due diligence in handling
his or her dog if the handling results in harm to another dog that
is a guide, hearing or service dog will result in a fine of $50.
(5)
Each day that failure continues shall constitute a separate violation.
C.
Enforcement of Article 7 of the Agriculture and Markets Law by the
Dog Control Officer. Nothing contained herein shall be construed to
prohibit the Dog Control Officer of the Town of Sullivan from enforcing
the terms and provisions of Article 7 of the Agriculture and Markets
Law applicable to the Town of Sullivan as determined from time to
time by the Town Board.