[Adopted 12-13-2010 by L.L. No. 3-2010]
The purpose of this article is to provide for the licensing
and identification of dogs within the Town of Marcellus.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be "Dog Licensing and Identification
in the Town of Marcellus."
As used in this article, 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.
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, explosive, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species canis familiaris.
Any individual appointed by the Town of Marcellus to assist
in the enforcement of this article and Article 7 of the New York State
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 Marcellus to assist in
the enforcement of this article.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog during the period such
dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
To provide food or shelter to any dog.
Any dog that is trained to aid a person who is deaf or hard
of hearing and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A tag issued by the Town which sets forth an official identification
number, as required by the provisions of this article, together with
the name of the Town, the State of New York, contact information,
including telephone number, for the Town, and such other information
as the Town deems appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of Marcellus.
Any person who keeps, harbors, or is in lawful custody, of
any dog.
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the Agriculture and Markets 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. If it cannot be determined in whose name
any dog was last licensed or if the owner of record has filed a statement
pursuant to the provisions of Agriculture and Markets Law § 112,
the owner shall be deemed to be the owner of record of such dog, except
that if the owner is under 18 years of age, the owner of record shall
be deemed to be the parent or guardian of such person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 keeps such records as
may be required by the Commissioner of the Department of Agriculture
and Markets.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 during
the period such dog is being trained or bred for such purpose and
does not qualify under federal or state law or regulations as a service
dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Town of Marcellus Town Clerk.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license pursuant to Article
7 of the Agriculture and Markets Law.
(2)
The application shall state the sex, age, breed, color, official
identification number, and identification marks, if any, of the dog
and the name, address and telephone number of the owner.
(3)
The application shall be accompanied by a fee, as set forth in § 68-11 of this article, and a certificate of rabies vaccination or statement in lieu thereof, as required by Article 7 of the Agriculture and Markets Law. An application for a spayed or neutered dog shall be accompanied by either a certificate, executed by a licensed veterinarian, or an affidavit by the owner, verifying that such dog has been spayed or neutered; a certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu thereof, an owner may submit a statement, certified by a licensed veterinarian, verifying that an examination of the dog reveals that spaying or neutering will endanger the life of the dog. In such a circumstance, the license fee for the dog shall be the same as for a spayed or neutered dog, as set forth in Article 7 of the Agriculture and Markets Law.
(4)
Upon validation by the Town Clerk, the application shall become the
license for the dog described therein. Once an application has been
validated, no refund shall be forthcoming.
(5)
The Town Clerk shall provide a copy of the license to the owner.
If the application or renewal for a dog license is made by mail and
a validated copy is requested, the owner shall provide a stamped,
self-addressed envelope for that purpose.
(6)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license.
(7)
Licenses shall be renewed on an annual basis during the original
licensing month.
B.
Relocation/relicensing.
(1)
The owner of any dog that is currently licensed in another municipality,
must, upon harboring such dog in the Town of Marcellus, obtain a Town
of Marcellus dog license within 30 days.
A.
A fee schedule shall be established by resolution of the Town Board
of the Town of Marcellus. Such fee schedule may thereafter be amended
by resolution at the Town Board's annual organizational meeting. Fees
shall be charged and collected prior to the issuance of a license.
B.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog, or therapy dog. Each copy of any license for such dogs shall
be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog,"
"War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog,"
or "Therapy Dog," as is appropriate, by the Town Clerk.
C.
In addition to any other applicable fee, any person applying for
a dog 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 of $5. Such additional fee shall be the property of
the Town of Marcellus and shall be used to pay the expenses incurred
by the Town of Marcellus in conducting the enumeration. In the event
the additional fees collected exceed the expenses incurred by the
Town of Marcellus in conducting an enumeration in any year, such excess
fees may be used by the Town of Marcellus for any other lawful purpose.
D.
On or before the fifth day of each month, the Town Clerk shall remit
all license fees to the Town Supervisor.
A.
Each dog licensed pursuant to this article shall be assigned, at
the time of first licensing, a permanent official identification number
which shall be featured on an identification tag 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.
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
in ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
C.
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
Marcellus dog identification tag be lost, a new tag will be issued
at a fee prescribed by the Town Board of the Town of Marcellus.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number is
assigned.
E.
The size, shape and form of imprints on identification tags shall
be prescribed by resolution of the Town Board of Town of Marcellus.
Any tag bearing an imprint other than that prescribed shall not constitute
valid identification for purposes of this article.
F.
Fees received pursuant to this section shall be remitted by the Town
Clerk to the Town Supervisor on or before the fifth day of each month.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
In the event of a change in the ownership of any dog which has been
assigned an official identification number by the Town Clerk, or a
change in the address of the owner of record of 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 or record shall
be liable for any violation of this article until such filing is made
or until the dog is licensed in the name of the new owner.
B.
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 or Article 7 of the Agriculture and Markets Law committed
after such report is filed.
C.
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 § 68-10 of this article. Failure to so notify the Town Clerk shall constitute a violation and the owner of record shall be held liable.
A.
The owner of any dog impounded by the Town of Marcellus shall be
entitled to redeem that dog within five business days, excluding the
day the dog is impounded, from the day the dog is impounded, provided
that the owner produces proof the dog is licensed and identified and
pays a fee of $10 for the first impoundment; a fee of $20 for the
second impoundment within one year of the first impoundment; and a
fee of $30 for the third and each subsequent impoundment within one
year of the first impoundment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A fee of $3 for each additional twenty-four-hour period shall be
assessed for the second, third, and each subsequent impoundment.
A.
It shall be the duty of the Dog Control Officer of the Town of Marcellus
to bring an action against any person who has committed, within the
Town of Marcellus, any violation of the provisions of this article.
The Town of Marcellus may elect to either prosecute such action as
a violation under the Penal Law or commence an action to recover a
civil penalty. A violation of this article shall be punishable, subject
to such an election, either:
(1)
Where prosecuted pursuant to the Penal Law, by a fine of not more
than $25, except that:
(a)
Where the person was found to have violated this article within
the preceding five years, the fine may not be more than $50; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not more than $100 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 more than $25, except that:
B.
Each day that failure continues shall constitute a separate violation.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
