[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-1981 by L.L. No. 3-1981 (Ch. 17 of the 1972 Code); amended in its entirety 12-15-2010 by L.L. No. 8-2010]
Editor's Note: This local law also amended the title of Art. I, which was formerly Dog Control. This local law provided an effective date of 1-1-2011.
This article shall be known and may be cited as the "Dog Licensing (and Control) Law of the Town of Carmel, New York."
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of personal property, domestic animals and deer from dog attack and damage and to preserve the public health, safety and welfare by enforcing regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of citizens of the Town.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings indicated below or as defined in the Agriculture and Markets Law. If no specific definition is set forth, all words shall have their usual and customary meaning in the English language. Words used in the present tense include the future and the plural includes the singular. The word "shall" is intended to be mandatory.
- The Town Clerk of the Town of Carmel or his or her agent.
- Any member of the species canis familiaris.
- DOG CONTROL OFFICER
- Any individual appointed by the Town Board to enforce this article.
- To provide food or shelter to any dog.
- IDENTIFICATION TAG
- A tag issued by the Clerk that sets forth an identification number, as required by the provisions of this article.
- Any person who harbors or keeps any dog.
- The Town of Carmel.
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 under the age of four months that 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, any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective society.
Application for a dog license shall be made to the Clerk and shall be accompanied by the appropriate license fee, as specified below.
The application shall state the sex, actual or approximate year of birth, breed, color(s), and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town of residence of the owner, and such other information as deemed necessary by the Clerk.
In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided that such certificate shall not be required if the same is already on file with the Clerk.
The application shall be accompanied by 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 age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk shall make or cause to be made from such statement a record of such information and file such record with a copy of the license.
The Town of Carmel hereby authorizes the Putnam County Humane Society, Inc., acting by its manager, and/or any other entity with which the Town of Carmel has an existing and current contract for the provision of dog shelter services properly authorized by the Town Board, to accept and grant an application for a dog license made by a resident of the Town of Carmel at the time of the adoption of a dog from such shelter. Such authorization is granted provided that such application is made in accordance with this Chapter, and the license fee, any additional fee and surcharge shall be remitted to the Town Clerk of the Town of Carmel on or before the third day of the month following the month in which the license fee and additional fee and surcharge was received.
The fee for a dog license shall be established by Town Board resolution annually.
Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog, as such terms are defined by the Agriculture and Markets Law.
In addition to other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay an additional fee of $5. Such additional fee shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event that the additional fees collected exceed the expenses incurred by the Town in conducting an enumeration in any year, such excess fees may be used by the Town for any other lawful purpose.
Upon validation by the Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund shall be made.
The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.
A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance. Renewal shall be for one year.
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. The original issued identification tag shall remain the same for the life of the dog.
Purebred licenses. The Town shall not issue purebred or kennel licenses. All dogs shall be licensed individually in accordance with the fees stated above.
Any dog harbored within the Town that is owned by a resident of New York City or 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.
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent municipal identification number. Such identification number shall be carried by the dog on an identification tag that shall be affixed to a collar on the dog at all times. A dog participating in a dog show shall be exempt from the identification requirement during such participation.
The 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.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his expense at a fee established by the Town Board annually.
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.
The identification tag shall be imprinted with the words "Town of Carmel, NY" and a unique identification number, and the telephone number of the Clerk's office.
In accordance with the provisions of § 112 of the Agriculture and Markets Law:
In the event of a change in ownership of any dog that has been assigned an identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Clerk.
If any dog that has been assigned a municipal identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Clerk.
In the case of a dog's death, the owner of record shall so notify the Clerk, either prior to renewal of license or upon the time of such renewal.
In accordance with § 117 of the Agriculture and Markets Law:
The Dog Control Officer shall seize:
Any dog which is not licensed, whether on or off the owner's premises.
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous.
Any dog which poses an immediate threat to the public safety.
The Dog Control Officer, when acting pursuant to his or her special duties, shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the municipal identification number of such dog (if any), the location where seized, the reason for the seizure and the owner's name and address, if known.
Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.
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 dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the impoundment fees established by Town Board resolution annually.
If, at the end of the appropriate redemption period, said dog has not been redeemed by its owner, the owner shall forfeit all title to the dog and it shall be available for adoption or be released to an authorized humane society or shelter.
Prior to releasing a dog to its owner or adopting out a dog, the Putnam County Humane Society shall deliver to the owner a statement of the number of days the dog has been in the shelter and the costs for any veterinary care. All fees due and owing for the shelter and veterinary care shall be paid together with the impoundment fees and any licensing fees, to the Putman County Humane Society, who shall give a receipt to the owner at which time such dog may be released to the owner. The Putnam County Humane Society shall then forward said payment to the Clerk.
[Amended 3-7-2012 by L.L. No. 1-2012]
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
Except while present at a lawfully designated Dog Park within the Town of Carmel, to run at large, unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person and restrained by means of a suitable leash. For the purpose of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort of any person other than the owner of such dog.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner of such property.
Chase, jump upon or at, or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway, or place, or upon private property without the consent or approval of the owner of such property.
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property.
If a female dog, when in heat, be off the owner's premises unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person and restrained by means of a suitable leash.
Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York may, in the alternative, be dealt with in accordance with Article 7 of the Agriculture and Markets Law.
Any person violating any provision of this article or the Agriculture and Markets Law, including the failure to license a dog, the failure to have a dog properly identified or to knowingly affix to any dog any false or improper identification tag or special identification tag for identifying guide, service or hearing dogs, shall be subject to a fine, which shall not be less than $25, except that: