[Adopted 12-21-2010 by L.L. No. 4-2010 (Ch. 59, Art. I, of the 1997 Code)]
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
As used in this article, the following terms shall have the meanings
indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
A tag issued by the Town Clerk which sets forth the identification
number, together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
The owner of each dog required to be licensed shall, for new
applications and renewal applications, obtain, complete and return
to the Town Clerk:
A.
A dog license application.
B.
The license application fee.
C.
Any applicable license surcharges.
D.
Such additional fees as may be established by the Town Board of the
Town of Milo.
E.
Proof that the dog has been vaccinated against rabies or a statement
from a licensed veterinarian that such vaccination would endanger
the dog's life in which case vaccination shall not be required.
F.
In the case of a spayed or neutered dog, a certificate signed by
a licensed veterinarian or an affidavit signed by the owner, showing
that the dog has been spayed or neutered, provided that 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 or she 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.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the Town.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
The Town of Milo does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the Town or city in which the dog will be harbored for licensing or
to the Town Clerk of the Town where the shelter is located for the
purchase of the license for adoption purposes.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town. Such record shall be made available upon request
to the State Commissioner of Agriculture and Markets, or successor
thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs.
(1)
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.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
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 Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dog at all times.
(2)
Each dog licensed pursuant to this article shall be assigned, at
the time the dog is first licensed, a municipal 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. No
tag carrying an identification number shall be affixed to the collar
of any dog other than the one to which that number has been assigned.
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
Any license issued pursuant to this article shall not be transferable.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a new license for such dog.
(4)
The official permanent 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.
(5)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(6)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay a fee
fixed by the Town Board for a replacement tag.
A.
All dog licenses will be issued for a period of one year and will
expire at the end of the month, one year from the date of issue.
B.
No license shall be issued for a period expiring after the last day
of the eleventh month following the expiration date of the current
rabies certificate for the dog being licensed.
A.
The Town of Milo will issue purebred licenses.
(1)
The owner of one or more purebred dogs registered by a recognized
registry association as defined in the Agriculture and Markets Law,
§ 108, 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.
(2)
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and Town where such
dogs are harbored; 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.
(3)
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
(4)
Upon receipt of the foregoing items, the 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 therefore shall be made.
B.
Fees. Fees will be set forth on a schedule determined annually by
the Milo Town Board based upon the following four classifications:
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application;
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application;
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application;
(4)
Each purebred dog license shall be subject to an animal population
control surcharge in an amount set forth in the fee schedule to be
determined annually by the Milo Town Board payable at the time the
dog license application is filed.
The Town of Milo will not issue a special tag for identifying
any guide dog, service dog, hearing dog or detection dog.
The fees and surcharges for issuing dog licenses shall be fixed
by the Town Board. Such fees and surcharges may from time to time
be changed as the Town Board may determine. These fees and surcharges
may include:
A.
The license fee for a spayed or neutered dog;
B.
The license fee for an unsprayed or an unneutered dog (such fee having
to exceed the fee for a license for a spayed or neutered dog by such
amount as mandated by the New York State Agriculture and Markets Law);
C.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Milo, a surcharge if the dog to be
licensed is altered (such surcharge shall be, at a minimum, such amount
as mandated by the New York State Agriculture and Markets Law);
D.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Milo, a surcharge if the dog to be
licensed is not altered (such surcharge shall be, at a minimum, such
amount as mandated by the New York State Agriculture and Markets Law);
E.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Milo, a surcharge to recover and
defray the cost of an enumeration of dogs living with the Town of
Milo.
A.
Work and service dogs.
(1)
Excepted from payment of the license fee are applications submitted
for a dog license for any of the following dogs, provided that written
documentation is provided with such application that certifies such
dog as being any of the following:
(a)
Guide dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(b)
Hearing dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(c)
Service dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(d)
War dog (as defined in Article 7 of the State Agriculture and
Markets Law).
(e)
Working search dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(f)
Detection dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(g)
Police work dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(h)
Therapy dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(2)
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may
be appropriate, by the Clerk.
B.
A dog participating in a dog show within the Town of Milo shall be
exempt, during such participation only, from the requirement, contained
in § 152-5 of this article and in § 111, as amended,
of the New York State Agriculture and Markets Law, of wearing its
identification tag.
A violation of this article shall be punishable by:
A.
A fine of $25 for a first violation;
B.
A fine of $50 for a second violation within five years of the first
violation; and
C.
Where the person was found to have committed two or more such violations
within the preceding five years, either a fine of $100 or imprisonment
for not more than 15 days, or both.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this article,
null and void.
