Town of Montour, NY
Schuyler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Montour as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by L.L. No. 1-2010]
The title of this article is "Dog Control and License Fees Law."
This article is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York.
The purpose of this article is to promote the public health, safety, and welfare of the community, including the preservation and protection of the property of the Town of Montour and its inhabitants, and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Montour, and providing enforcement thereof, and setting forth the fees for dog licenses to be charged.
A. 
This article shall apply to all areas of the Town of Montour, including the Village of Montour and the Village of Odessa.
B. 
In the event that any dog owned by a nonresident of the Town of Montour is harbored within the Town for a period of 30 days or less, such dog shall be exempt from the identification and licensing provisions of this article, provided such dog is licensed pursuant to the provisions of law of the area of residence. Any person harboring a dog must license any/all dogs in the Town of their residence within 30 days of moving into the Town.
A. 
Application for original license.
(1) 
The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk's office. No license shall be required for any dog which is under the age of four months and which is not at large, or any dog 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 humane society or duly incorporated dog protective association.
(2) 
In the case of a dog being redeemed or a dog being adopted from a shelter or pound, the Town Clerk and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the Town of Montour and the shelter or pound.
B. 
Rabies vaccination required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. A copy of the rabies certificate or certified statement shall be made and attached to the Clerk's copy of the application. In the case of a dog being redeemed or adopted from a shelter, copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts.
C. 
Spay/neuter certificates. 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. 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 as set forth in Subsection F of this section.
D. 
Expiration of license. An original license shall be issued for a period of one year, and shall expire on the last day of the month of the period for which they are issued.
E. 
License renewal.
(1) 
License renewal forms shall be mailed by the Town Clerk.
(2) 
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements must be provided to the Town Clerk at the time of renewal.
(3) 
A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. The Town Clerk shall make a copy of the certificate and attach it to the original license on file.
(4) 
The renewal shall expire on the last day of the month in the same month that it was originally issued (i.e., a license originally issued in January will always expire in January).
(5) 
Renewing early or late does not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waived when accommodating such a request.
(6) 
Upon renewal, the Town Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records and Retention and Disposition Schedule MU-1 issued by the State of New York Archives and Records Administration.
F. 
License fees.
(1) 
All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Town of Montour Town Board. The total fee for an unaltered dog shall be at least $5 more than the total fee for an altered dog.
(2) 
All revenues derived from such fees shall be split at a rate determined by contract with the Humane Society of Schuyler County for an animal shelter. The Schuyler County Sheriff will be responsible for controlling dogs and enforcing this article and Article 7 of New York State Agriculture and Markets Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration or the license.
(4) 
An additional fee may be established by resolution of the Town of Montour Town Board should a dog be identified as unlicensed during an enumeration. Such additional fee shall be the property of the Town of Montour and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this article and for spaying or neutering dogs.
(5) 
In addition to the fees set by the Town Board, as assessment of $3 for each unaltered dog and $1 for each altered dog shall be charged for the purpose of carrying out population control efforts as mandated by Article 7 of the New York State Agriculture and Markets Law.[2]
[2]
Editor's Note: Original § 5(7), Exemptions to license fees, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Identification of dogs.
(1) 
When a dog is originally licensed, a Town of Montour identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times.
(2) 
Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Montour identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipality's tag shall be surrendered to the Town Clerk, and the Town of Montour tag shall be worn by the dog at all times.
(3) 
A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show.
(4) 
Lost tags shall be replaced at the expense of the owner at a fee set by the Montour Town Board.
H. 
Change of address. When there is a change of address for the owner of record, the owner shall notify the Town Clerk's office of such change. If the change is still within the Town of Montour, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town of Montour, the Town Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in their municipality.
I. 
Change of ownership. In the event of a change in the ownership of any dog licensed in the Town of Montour, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk's office of the change of ownership. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.
J. 
Lost, stolen or deceased dog. If any dog which has been licensed in the Town of Montour is lost, stolen or deceased, the owner of record shall notify the Town Clerk's Office within 10 days of the discovery of such loss, theft or death.
K. 
Lists of licensed dog owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposed.
L. 
Purebred licenses.
(1) 
The owner of two or more purebred dogs registered by a nationally recognized registry association may make application to the Town Clerk for a purebred license in lieu of the individual licenses required by Subsection A of this section.
(2) 
At the time of application, the Town Clerk shall assign a purebred license identification number.
(3) 
Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Subsection B of this section for every dog listed on the license. Certification for any altered dog shall be included as specified in Subsection B of this section. The Town Clerk shall make copies of these certifications and file with the Clerk's copy of the license.
(4) 
Copies of the registry papers for every dog or a comprehensive list of registry numbers and associations may be required and filed with the Clerk's copy of the license.
(5) 
All dogs over four months of age must be listed and included in the purebred license.
(6) 
Purebred licenses shall be issued for one year and renewed annually.
(7) 
All applications for and renewals for purebred licenses shall be accompanied by a fee as set by resolution of the Town of Montour Town Board. In addition, an assessment of $3 for each unaltered dog and $1 for each altered dog may be added for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued.
(8) 
No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Subsection A of this section, except when the new owner holds a valid purebred license and adds the dog to such purebred license.
(9) 
One identification tag will be provided to each kennel by the Town Clerk.
It shall be unlawful for:
A. 
Any owner to allow any dog to run at large.
B. 
Any owner to fail to restrain any dog by an adequate collar and leash unless it is accompanied by its owner or a responsible person able to control it by command, when not on the property of the owner.
C. 
Any owner to allow any dog to engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. For purposes of this section, “habitual” shall mean a dog barking, whining, etc., for repeated intervals of at least 15 minutes with less than 60 minutes of interruption, which can be heard by any person, including a law enforcement officer or Dog Control Officer, from a location outside of the owner’s or caretaker’s premises.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Any owner to allow any dog to cause damage or destruction to property or defecate, urinate, dig or otherwise commit a nuisance other than on the property of the owner of such dog.
E. 
Any owner to allow any dog to chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
F. 
Any owner to allow any dog to chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purpose of this section, a horse or other animal shall be considered a vehicle or device.
G. 
Any owner to fail to license any dog at the age of four months or older, or allow any dog to be unlicensed due to failure to renew a dog license.
H. 
Any owner to fail to have any dog identified by a valid and current Town of Montour dog license identification tag.
I. 
Any person to knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog.
J. 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article or Article 7 of the New York State Agriculture and Markets Law.
K. 
Any person to furnish any false or misleading information on any license or form, required by the Town, the Schuyler County Sheriff's Department Animal Control Officer, or any shelter or pound servicing the Town of Montour.
L. 
Any owner to fail to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town of Montour.
All dogs shall be provided with adequate food, water, shelter and space as sufficient for age, size and number of dogs on the premises.
All female dogs, while in season (heat), shall be confined to the premises of their owner and may not be left outside unattended. Any owner not adhering to this section shall be subject to having the dog seized by the Animal Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee plus the shelter's usual daily boarding fees.
A. 
If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog, the owner of said dog shall be liable for damage. The owner of such injured or killed animal may make a complaint to the Animal Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of New York State Agriculture and Markets Law.
B. 
In no event shall the Town of Montour, or the County of Schuyler be liable for any damage done by any dog.
A. 
The determination of a dangerous dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of New York State Agriculture and Markets Law.
B. 
In the event that a dog is determined by the Montour Town Court to be a dangerous dog, the Court shall give notice to the Town Clerk of such determination and note will be made in the dog's record. Additionally, the Town Clerk shall notify the law enforcement and emergency services.
Any Animal Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall and all peace officers may administer and enforce the provisions of this article, and for such purpose shall have the authority to issue appearance tickets.
A. 
Any dog belonging to a person found in violation of any of the provisions of this article may be seized pursuant to the provisions of New York State Agriculture and Markets Law.
B. 
Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized.
C. 
Any dog may be seized, which has been judged to be a dangerous dog pursuant to New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said dangerous dog.
D. 
Every dog impounded shall be properly cared for, sheltered, fed and watered.
E. 
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 day may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this article and pay an impoundment fee established by resolution of the Town Board.
F. 
In the case of an identified dog, the owner of record shall be promptly notified by the Animal Control Officer of the seizure and the procedure for redemption either personally or by certified, return receipt requested mail. If notification is personally given, the dog shall be held for a period of seven days after the day of notice during which period the dog may be redeemed by the owner. If such notification is made by mail, the dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. Said owner shall provide proof that the dog has been licensed pursuant to this article and pay an impoundment fee established by resolution of the Town Board.
G. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provision of New York State Agriculture and Markets Law.
H. 
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by this section.
I. 
The seizure of any dog shall not relieve any person from any violation of this article.
A. 
Any Town-designated Animal Control Officer or agency having reasonable cause to believe that a violation of this article has been committed in his/her presence shall issue and serve upon such person an appearance ticket for such violation.
B. 
Any person who observes a dog in violation of this article may file a complaint, under oath, with a Town-designated Animal Control Officer or agency specifying the nature of the violation, the date thereof, a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
C. 
Upon receipt by the Town-designated Animal Control Officer or agency of any such complaint, that officer or agency shall issue an appearance ticket to the alleged owner of the dog to appear before the Montour Town Court at a date and time specified.
A. 
A plea or conviction of a violation of this article shall be prosecuted pursuant to Penal Law, by a fine of not less than $25, except:
(1) 
Where a person is found to have violated this article or any prior Town of Montour dog law within the preceding five years, the fine may be not less than $50; and
(2) 
Where the person is found to have violated this article or any prior Town of Montour dog law two or more times 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.
B. 
For the purpose of conferring jurisdiction upon courts and judicial officers generally, offenses of this article shall be deemed violations and for such purposes only all provisions of law relating to violations shall apply.
A. 
Pursuant to Article 7 of New York State Agriculture and Markets Law, any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to $200 for the first violation and up to $400 for each subsequent violation.
B. 
Pursuant to Article 7 of New York State Agriculture and Markets Law, any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to this article and/or § 117-a of New York State Agriculture and Markets Law, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation prosecuted pursuant to the New York State Penal Law punishable by a fine of not less than $250.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No action shall be maintained against the Town of Montour, Schuyler County Animal Control Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this article or New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article or New York State Agriculture and Markets Law.
This article shall take effect the 1st day of January 2011.
[Adopted 11-7-2013 by L.L. No. 2-2013]
The Town Clerk is hereby authorized to include dog census forms annually with the same mailing as real property tax bills.