Town of Sullivan, NY
Madison County
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Table of Contents
Table of Contents
[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:
ADOPTION
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 AGRICULTURE AND MARKETS LAW (also referred to as "ARTICLE 7")
Article 7 of the New York State Agriculture and Markets Law.
CLERK and TOWN CLERK
The Town Clerk or a Deputy Town Clerk of the Town of Sullivan.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
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.
DOG CONTROL OFFICER
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.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
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.
HARBOR
To provide food or shelter to any dog.
HEARING 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.
IDENTIFICATION TAG
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.
IDENTIFIED DOG
Any dog carrying identification tag as provided in Article 7 of the Agriculture and Markets Law.
MAGISTRATE
A Town Justice of the Town of Sullivan.
OFFICIAL IDENTIFICATION NUMBER
A series or combination of letters, numbers or symbols approved and furnished by the Town of Sullivan.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
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.
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.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis, issues numbered registration certificates and keep such records as may be required by the Commissioner.
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, 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.
(4) 
The application shall be accompanied by the purebred license fee and the purebred dog license fee prescribed by resolution of the Town Board in accordance to § 105-18A this article and a certificate of rabies vaccination or statement in lieu thereof as required by Subsection D of this section.
(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.
C. 
Death of dog notification of Town Clerk. In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of licensure or upon the time of such renewal as set forth in § 105-17 of this article.
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.