[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]
(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.
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]
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]
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.
