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HomeMy WebLinkAboutSection 06 SECTION 6 TOWN OF NEWFIELD DOG LICENSE FEES LAW LOCAL LAW NO. 1 - 1995 g BE IT ENACTED by the Town Board of the Town of Newfield as follows: Section 1. PURPOSE The purpose of this local law is to amend and supercede Local "Law No. 3 for the year 1979 to increase the annual dog license fees and is authorized under section and is adoptive pursuant to Section 110 of Article 7 of the Agriculture and Markets Law. Section 2 DOG LICENSE FEES The annual fee for each dog license issued in the Town of Newfield shall be: a. $7.50 for each neutered or spayed dog; and b. $17.50 for each un-neutered or unspayed dog. Section 3. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the SecretaryState in accordance with the provisions of Section 27 of the Municipal Home Rule Law. TOWN OF NEWFIELD DOG CONTROL LAW LOCAL 1,A W NO. 1 FOR THE YEAR 1979 A local law regulating and controling the activities of Dogs in the Town of Newfield, New York, to be known as the "Dog Control Law". Be it enacted by the Town Board of the Town of Newfield as follows: This law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 1. Purpose. The purpose of the law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property within the Town of Newfield, New York, and its inhabitants, and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Newfield, New York, and providing for enforcement thereof. Section 2. Definitions. For purposes of this Local Law the definitions set forth in Agriculture and Markets Law, Section 108 shall be applicable except as otherwise noted. Section 3. Prohibited acts. A. Any owner of a dog or any other person who harbors any dog in the Town of Newfield shall be in violation of this law if such dog: +� (1) Is not restrained by an adequate collar and leash or under full control of a responsible person when not on the property of the owner or the property another person harboring or having custody or control of the dog. (2) Engages in habitual loud howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning or harboring such dog. (3) Causes damage or destruction to property including domestic animals and pets, defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. (4) Chases or otherwise harasses any person in such a manner as reasonably to cause nuisance or annoyance, intimidation or to put such person in reasonable apprehension of bodily harm or injury. (5) Except when restrained by an adequate collar and leash on the property of the owner or other person harboring or having custody of the dog, chases, barks at, leaps on or otherwise harasses any (i) bicycle, motorcycle, motor wagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or (ii) any horse or other animal including any rider thereon. LA (6) If it is not wearing a valid and current New York State dog license pursuant to Section 109 of the Agriculture and Markets Law while on or off the owners property, whether or not restrained by an adequate collar and leash. (7) Is not licensed pursuant to Section 109 of the Agriculture and Markets Law after attaining six (6) months of age. B. Notwithstanding any other violation or charge of violation of this law or any other local or state law, it shall be a separate and distinct violation of this law if the owner of any dog seized in accordance with Section 4(B) herein or under Article 7 of the Agriculture and Markets Law shall fail to timely redeem said dog in accordance with the procedures set forth in Section 118 of the Agriculture and Markets Law. Section 4. Enforcement. (a) Any person or persons, who are or may be lawfully authorized by the Town of Newfield shall, and all peace officers or town justice may, administer and enforce the provisons of this law, and for such purpose shall have the authority to issue appearance tickets in accordance with Section 124 of the Agricultural and Markets Law. (B) Any person or persons who are or may be lawfully authorized by the Town of Newfield shall, and all peace officers or town justice may, seize and impound any dog observed by such persons to be in violation of any provision of the law in addition to any other enforcement remedy set forth in this section. Such seizure of the dog and redemption of the dog by the owner shall be in accordance with Section 118 of the Agriculture and Markets Law. Section 5. Filing of complaints. Any person who observes a dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Newfield, New York, specifying the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting violation of this law and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. Section 6. Minor owner: Responsibility of Natural or Appointed Guardians. Presumption of ownership notwithstanding under Section 108 (15) of the Agriculture and Markets Law, if any dog in violation of this law is owned by a person under 18 years of age, the following adults shall be deemed the owners and responsible for the acts of said dog for purposes of this law: the legal or natural guardian(s) of said minor if the minor resides with them at the time of the violation, ur the owner(s) or tenant(s) of the real property where the minor resides at the time of the violation if other than the natural or legal guardian(s) . In the case of violations of Section 3(6) of this law it shall be presumed that the ownership or person harboring the dog is the adult owner(s) or tenant(s) of the property at which the dog is kept. 1B Section 7. Presumption. The fact that a dog is not restrained or controlled in the Town of Newfield, New York, elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be unrestrained or uncontrolled with the knowledge of the owner or person harboring the dog. Section 8. Violations. No person shall hinder, resist, or oppose the dog warden, peace officer, or other person authorized or to administer or enforce the provisions of this law of the Town of Newfield in the performance of the officer's duties under this law. Section 9. Penalties. (A) A violation of Section 3 of this law shall constitute a violation as defined in Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $100.00 for the third. and all subsequent violations and/or by imprisonment for a term not to exceed fifteen days, for each third or subsequent violation. (B) A violation of Section 8 of the law shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a penalty of not more than $250.00 and/or imprisonment for a term not to exceed fifteen days, for each violation. (C) Redemption fees, etc. charged as a result of the seizure or impounding of any dog shall not be deemed part of the penalties set forth in Sections 9(A) and (B) . Section 10. Validity. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional, it shall not affect the validity of this law as a whole or any part of provision thereof other than the part so decided to be invalid or unconstitutional. Section 11. Effective date. This local law shall take effect immediately upon the filing in the office of the Secretary of State in accordance with the privisions of Section 27 of the Municipal Nome Rule Law. iC TOWN OF NEW[ IELD DOG L[C:KNSE FEES LAW LOCAL LAW NO. 3 of the year 1979 . A Local Law providing for the setting of dog license fees for 1980 and subsequent years in the Town of Newfield , New York. Be it enacted by the Town Board of the Town of Newfield , New York. for each dog Section 1. The annual fee f dog license issued for the year 1980 and subsequent years in the Town of Newfield shall be : a . $5. 50 for each neutered or spayed dog b. $10. 50 for each un-neutered or unspayed dog. adopted Section on 2 . This local law is to ursuant to the 1978 Amendment pursuant to Section 110 of Article 7 of the Agriculture and Markets Law (Ch. 220, Laws of New York, 1978). Section 3. Local Law No. 2 for the year 1979 is hereby repealed. S ection 4. This Local shall take effect immediately upon its filing, in the office of the Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law. FCt Local La W Filing 162 YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12 1 (Use this form to file a local law with the Secretary of State.) '' Text of law should be given as amended. Do not include matter being eliminated and do n use italics or underlining to indicate new matter. of x T o of Newfield Odliager Local Law No. 2 of the year 19 91 A local law entitled "Amendment to the Dog Control Law" (Insert Title) Be it enacted by the TQwp l oard (Name of Legislative Body) of the eaMAx xtxx Town of N70'f l as follows: x i lagA 1.2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Article 7 of the Agriculture and Markets Law of the State of New York. 1.3 PURPOSE It is the purpose of this local law to promote the public health, safety, and welfare of the community, including the protection and preservation of the Town of Newfield, New York, and its inhabitants,� and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Newfield, New York, and providing for enforcement thereof. SECTION 2. 0 Provisions 2 . 1 PROHIBITED ACTS There shall be added to Section 3 A of the Dog Control Law, the following new section: (8) Has not been inoculated against rabies as provided by law. Failure by the owner or harborer to produce a certificate of inoculation shall be a presumption that the dog is not inoculated. 44 41421 (If additional space is needed, attach a es the P g same size as this sheet, and number each.) (1) 239 (Rev. '/90) 2 . 2 PENALTIES Section 9 (A) of the Dog Control Law shall henceforth read: (A) (1) A violation of Section 3 A (1) - (7) of the Dog Control Law shall constitute a violation as defined in Penal Law of the State of New York, and shall be punishable by a penalty of not more than $50. 00 for the first violation, not more than $100.00 for the second violation, and not more than $250. 00 for the third and all subsequent violations and/or by imprisonment for a term not to exceed fifteen (15) days, for each third or subsequent violation. (2) A violation of Section 3 A (8) of the Dog Control Law shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a penalty of no less than $50.00 nor more than $250. 00 for any offense and/or by a term of imprisonment not to exceed fifteen (15) days. 2 . 3 PENALTIES Section 9 (B) of the Dog Control Law shall henceforth read: A violation of Section 8 of the Dog Control Law shall constitute a misdemeanor as defined in the Penal Law of the State of New York and shall be punishable by a penalty of not more than $500. 00 and/or imprisonment/ p nment for a term not to exceed six (6) months. SECTION 3 . 0 Validity If any section, paragraph, subdivision, clause, phrase, or provision of this local law shall be judged invalid or held unconstitutional, it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. ft la SECTION 4. 0 Effective Date This local law shall take effect immediately upon the filing in the office of the Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law. 44 441 sill lb • (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) ereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of of 19 on 19 was duly passed by the (Name of Legislative Body) , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officers.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of the (t t=57)( )(TownOit of Newfield of 19 9e Town Board on June was duly passed by the (Name of Legislative Body) 12 . 1991 , and was (approved)(�pg� �p� RcRfit�st ;fitaciatraft0 by the Town Supervisor and was deemed duly adopted on June 24, 19 (Elective Chief Executive Officer) 91 .n accordance with the applicable provisions of law. ;. (Final adoption by referendum.) hereby certify that the local law annexed hereto, designated as local law No. )f the (County)(City)(Town)(Village) of of 19 was duly passed by the on 19_, and was (approved)(not disc e of Legislative Body) )( pproved)(repassed after __dproval) by the on 19 (Elective Chief Executive Officer*) Such local law was obmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative ote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. . (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of of 19 was duly passed by the on 19 + and was (approved)(not disapproved)(repassed after lame of Legislative Body) sapproval) by the on 19 (Elective Chief Executive Officer') Such local law was subject to rmissive referendum and no valid petition requesting such referendum was filed as of accordance with the applicable provisions of law. I�— lective Chief Executive Officer means or includes the chief executive officer of a county elected on a y-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city lage, or the supervisor of a town where such officer is vested with the power to approve or veto local ws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19_ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19_ of the County of , State of New York, having been submitted to the electors at the General Election of November 19 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 2 , above. - .f the County gis ative bo.y, qty, own or i age Cler or officer designated by local legilsative body LOIS MINTEER, Town Clerk (Seal) Date: July , 1991 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains-The correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. 1JL&1,.tJ..Signature TOWN ATTORNEY Title OrGNAUCIA IP !K Town of Newfield Ycclixgoc Date: July 2 , 1991 (3i i . • . _ •_ � _, . I i .r • Y. Local Law Filing ALBS��31 g (Use this form to file a local law with the Secretary of State.) 'Text of law should be given as amended.Do not include matter being eliminated and do not use kacs or underlining to indicate new matter. MAD L county STATE RECORDS City of Newfield DEC 2�1�P�� of s Village fSPARTM Local Law No. 1 of the year 20 10 Alocallaw Licensing, Identification & Control of Dogs in the Town of Newfield (Insert Title) Be it enacted by the Newfield Town Board of the (Name of Legislative Body) County City of Newfield as follows: own Village This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. The purpose of this Local Law-is . , " to provide for the licensing and identification of dogs, the control_; and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.11/99) Page 1 of 3 Proposed Local Law # 1 for the Year 2010 Licensing, Identification & Control of Dogs in the Town of Newfield Section 1. Title. The title of this Local Law shall be, "Licensing, Identification, and Control of Dogs in the Town of Newfield." Section 2. Authority. This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. Purpose. The purpose of this Local Law is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of Newfield. It shall supersede and replace Local Law #1 for the year 1979 ("Dog Control Law") and any prior duly enacted amendments thereto. 2. in the event that any dog owned by a non-resident of the Town of Newfield 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 Local Law provided such dog is licensed pursuant to the provisions of law in the area of residence. 3. This Local Law shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals. Section 5. Definitions. As used in this Local Law, the following words shall mean: 1. "Altered"shall refer to a dog that has been spayed or neutered. 2. "At large" means an unleashed dog not under control of the owner and off the premises of the owner 3. "Companion animal" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a"domestic animal"as defined in this Section. 4. "Dangerous dog"means any dog which a. without justification attacks a person, companion animal,farm animal, or domestic animal as defined in this section and causes physical injury or death, or b. behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or c. without justification attacks a "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or'Therapy Dog"and causes physical injury or death. d. "Dangerous dog" does not include a "Police Work Dog", while being used to assist one or more law enforcement officers in the performance of their official duties. 4. "Detection dog"means any dog that is trained and is actually used for such purposes'or is 1 undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. 5. "Dog"means any member of the species canis familiar's. 6. "Dog Control Officer" means any individual appointed by the Town to assist in the implementation and enforcement of this Local Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this Local Law. 7. "Domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this Local law. 8. "Farm animal", as used in this Local Law, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats. 9. "Guide dog" means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose. 10."Harbor"means to provide food or shelter to any dog. 11."Hearing dog" means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any-dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose. 12."Identification tag" means a tag issued by the Town of Newfield or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate. 13."Identified dog" means any dog carrying an identification tag. 14."Municipality" means any county,town, city or village. 15."New York State Agriculture and Markets Law" means the Agriculture and Markets Law of the State of New York in effect as of the effective date of January 1, 2011 and as amended thereafter. 16."Owner" means any person who harbors or keeps any dog. If a dog is not licensed, the term of "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any 2 complaint charging a violation of this Local Law shall be held and deemed to be the e of this Local Law. In'the event any dog found to be in owner of such dog for the purpose Y 9 9 P P violation of this Local Law shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this Local Law. . 17. Owner of record" means the person purchasing the license or in whose name any dog 9 was last licensed. An owner of record shall be 18 years of age or older. 18."Person" means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. 19. "Police work dog" means 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 purposes. 20."Purebred Dog" means a dog registered by a nationally recognized registry association. 21."Recognized registry association" means 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 Agriculture. ll 22."Service dog" means 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, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative. 23.'Therapy dog" means 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 owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose. 24.'Tompkins County Working dog" shall refer to any "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or 'Therapy Dog" as defined by this Local Law and Article 7 of New York State Agriculture & Markets Law, and is duly licensed any licensing municipality within Tompkins County, New York and wearing a Tompkins County Working Dog tag. 25.'Town" means the area within the corporate limits of the Town of Newfield. 'Town Board" means the Town of Newfield Board. 26.'Town Clerk"means the Newfield Town Clerk. 27."Unaltered"shall refer to any dog that is not spayed or neutered. 28. "War dog" means any dog which has been honorably discharged from the United States armed services. 29."Working search dog" means any dog that is trained to aid in the search for missing persons, is actually used for such purpose. 30.To the extent not defined herein and in addition thereto, the terms defined under Section 108 of the Agriculture and Markets Law (as the same may be amended from time-to- time) shall have the meanings described therein. 3 Section 6. Licensing. 1. Application for Original License. a. 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 of New York or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. b. In the case of an unlicensed dog being redeemed by the owner 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 Newfield and the shelter or pound. 2. 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 an unlicensed dog being redeemed by the owner or a dog being adopted form 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. 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall_ 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 Part 7 of this Section. 4. License. Upon receiving a complete application, the required documents and the fee, the Town Clerk shall issue a license and tag. The Town Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration or such other or different means as may at any time be prescribed by the State of New York for such Y Y P Y purpose. 5. 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 one year from the date of issue. 6. License Renewal. a. License renewal forms shall be mailed by the Town Clerk. b. A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described 4 in Part 2 of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk's copy of the renewal. c. 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. d. 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.) e. 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 New York State and local licensing and renewal requirements are satisfied. No licensing fees will be prorated, refunded, or waived when accommodating such a request. f. Upon renewal the Town Clerk shall provide a validated license to the owner. The p Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration or such other or different means as may at any time be prescribed by the State of New York for such purpose. 7. License Fees. a. Pursuant to this Local Law, the Town Board of the Town of Newfield is authorized to establish by resolution, a schedule of fees pertaining to the licensing, identification and enumeration of dogs. The Town Board may amend the fee schedule by resolution from time to time as it deems appropriate. The most current fee schedule will be kept on file in the office of the Newfield Town Clerk for public inspection. b. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Newfield Town Board. c. All revenue derived from such fees shall be the sole property of the Town of and enforcing this Local Law Newfield and shall be used only for controlling dogs a g Y g and Article 7 of New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, to subsidize any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and to subsidize public humane education programs related to responsible dog ownership. d. In no event shall any money derived from license fees be used to subsidize the spaying or neutering of cats or animals other than dogs. e. 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 of the license. f. An additional fee may be established by resolution of the Newfield Town Board should a dog be identified as unlicensed during an enumeration. Such additional 5 fee shall be the property of the Town of Newfield 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 Local Law and for spaying or neutering dogs. g. In addition to the fees set by the Town Board, an additional New York State Spay/Neuter Surcharge shall be assessed for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law (currently codified as Section 117-a thereof). Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law. 8. Exemptions to License Fees. Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees. 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 Town Clerk. Pursuant to Article 7 of New York State Agriculture and Markets Law, said dogs are not exempt from the mandated population control fee. 9. Identification of dogs. a. When a dog is originally licensed, a Town of Newfield identification number will assigned and an identification tag shall be issued, which shall be worn by the dog at all times. b. Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Newfield identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipality's tag shall be discarded and the Town of Newfield tag shall be worn by the dog at all times. c. A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show. d. No identification tag shall be affixed to the collar of any dog other than the dog to which it was assigned. e. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be issued a Town of Newfield identification tag and a Tompkins County Working Dog tag. Both tags shall be worn by the dog at all times. f. Lost tags shall be replaced at the expense of the owner at a fee set by the Newfield Town Board. 10. 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 Newfield, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town of Newfield, 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. 6 11.Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town of Newfield, 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 Local Law until such filing is made or until the dog is licensed in the name of the new owner. 12. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town of Newfield is lost, stolen or deceased, the owner of record shall notify the Town Clerk's Office with reasonable promptness. 13. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall be made available to any person or company for commercial purposes. 14. Purebred Licenses. a. Purebred Licenses are offered in the Town of Newfield as an alternative to individual dog licenses for owners actively involved in the breeding and sale of purebred dogs. b. To qualify for a Purebred License, a person must own five or more purebred dogs and at least five of those dogs must be unaltered. c. At the time of application, the Town Clerk shall assign a Purebred License identification number. d. Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Part 2 of this Section for every dog listed on the license, a copy of which shall be kept on file by the Town Clerk. e. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Clerk's copy of the license. f. All dogs over four months of age must be listed and included in the purebred license. g. Purebred licenses shall be issued for one year and renewed annually. h. All applications for and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of $3.00 for each dog unaltered dog and $1.00 for each altered dog shall be added for the purpose of carrying out animal 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. i. The Town Clerk may request that the Dog Control Officer verify the number of dogs being claimed on any purebred license. j. 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 Part 1 of this Section, except when the new owner holds a valid purebred license and adds the dog to such purebred license. 7 Section 7. Prohibited Acts. A. Any owner of a dog or any other person who harbors any dog in the Town shall be in violation of this law if such dog: 1. Is not restrained by an adequate collar and lease or under full control of a responsible person when p not on the property o ert of the owner or th P P Y the property another person harboring or having custody or control of the dog. 9 2. Engages in habitual loud howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning or harboring such dog. 3. Caused damage or destruction to property including domestic animals and pets, defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such do 9 9 dog. 4. Chases or otherwise harasses any person in such a manner as reasonably to cause nuisance or annoyance, intimidation or to put such person in reasonable apprehension of bodily harm or injury. 5. Except when restrained by an adequate collar and lease on the property of the owner or other person harboring or having custody of the dog, chases, barks at, leaps P on or otherwise harasses any (i) bicycle, motorcycle, motor wagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or (ii) any horse or other animal including any rider thereon. B. In addition, a dog owner or one who harbors any dog in the Town shall violate this law if he/she: 1. Fails to license any dog at the age of four (4) months or older, or allow any dog to be unlicensed due to failure to renew a dog license. 2. Fails to have any dog identified by a valid and current Town of Newfield dog license identification tag or fails to cooperate in the dog enumeration census. 3. Knowingly affixes to any dog any false or improper identification tag or any identification tag belonging to another dog. 4. Fails to confine, restrain or present such dog for any la p g y wful purpose pursuant to this Local Law or Article 7 of New York State Agriculture and Markets Law. 5. Furnishes any false or misleading information on any license or form, required by the Town, the Newfield Dog Control Officer, or any shelter or pound servicing the Town of Newfield. 6. Fails to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town. Establishment of the fact or facts that a dog has committed any of the acts prohibited by this Local Law shall be presumptive evidence against the owner of such dog that he/she has failed to properly confine, leash or control his/her dog. C. No erson p shall hinder, restrain, resist or oppose the Dog Control Officer, a peace officer, or other person authorized to administer, carry out or enforce any provision of this Local Law or Article 7 of the Agriculture and Markets Law. 8 Section 8. Removal of Feces. 1. Any owner who allows a dog to defecate on any public or private property, other than the property of the owner, shall immediately clean up the feces, place it in a plastic container or bag, and deposit it in a container used for the disposal of refuse. Section 9. Conditions for Keeping Dogs. All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this Section, "adequate" shall mean sufficient for age, size and number of dogs on the premises. Section 10. Female Dogs. 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 Dog 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 boarding fees for time spent in the shelter. In the event that the dog is released from the shelter before the end of its cycle, the owner must demonstrate to the shelter manager that the dog shall be sufficiently confined elsewhere. Section 11. Liability of Owner. 1. 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 Dog 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 (currently Section 121 thereof). 2. In no event shall the Town of Newfield or the County of Tompkins be held liable for any damage done by any dog. Section 12. Dangerous Dogs. 1. 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. 2. In the event that a dog is determined by the Newfield 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 law enforcement and appropriate emergency services. Section 13. Enforcement/Appearance Ticket. Any Dog Control Officer or other person or persons,who are or may be lawfully authorized by the Town, shall administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets. Section 14. Seizure, Impoundment, Redemption and Adoption. All Seizure, Impoundment, Redemption and Adoption activities required or prescribed under this section shall be performed by the Dog Control Officer(DCO). 9 1. Any dog belonging to a person found in violation of any of the provisions of this Local Law may be seized, impounded and disposed of pursuant to the provisions of New York State Agriculture and Markets Law (currently,Section 118 thereof). 2. Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized. 3. 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. 4. Every dog impounded shall be properly cared for, sheltered, fed and watered. 5. Seized dogs may be redeemed by producing proof of licensing and identification and by paying redemption and such other fees as may be set by the DCO. 6. Each dog which is not identified, whether or not licensed, shall be held for a period of 5 days from the day seized during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an impoundment fee pursuant to Part 5 of this Section. Seized dogs that are found to be unlicensed shall be licensed before leaving the shelter and regular licensin ' ion to the 9 i n e Surcharge in addition shall pay an Impounded Dog L ce s g fee as set by resolution of the Town Board 7. In the case of an identified dog, the owner of record shall be promptly notified by the Dog 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 7 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 9 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 Local.Law and pay an impoundment pursuant to Part 5 of this Section. Any owner who provides an expired license as proof will be required to renew the license and pay the additional Impounded Dog License Surcharge before the dog is released from the shelter. 8. 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. Y 9. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by Part 5 of this Section. 10.The seizure of any dog shall not relieve any person from any violation of this Local Law or New York State Agriculture and Markets Law. Section 15. Complaint. 1. Any Town-designated Dog Control Officer having reasonable cause to believe that a violation of this Local Law has been committed in his/her presence shall, and any Police Officer or other peace officer may, issue and serve upon such person an appearance ticket for such violation. 2. Any person who observes a dog in violation of this Local Law may file a complaint, under oath, with a Town-designated Dog Control Officer specifying the nature of the 10 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 Local Law. 3. Upon receipt by the Town-designated Dog Control Officer of any such complaint, that Officer or Agency shall issue an appearance ticket to the alleged owner of the dog to . appear before the Newfield Town Court at a date and time specified. Section 16. Violations and Penalties. Violations listed under Section 7.A and 7.B of this Local Law shall subject a party found guilty thereof to the following penalties/punishments: a. For a first violation-a fine not to exceed$50; b. For a second violation-a fine not to exceed$100; c. For a third and each and any subsequent violation - a fine not to exceed $250 for each violation and, by possible imprisonment for a term not to exceed fifteen (15) days, for each third or subsequent violation. These fines and penalties may be revised by the Town Board in its discretion by duly enacted resolution. Such fines and penalties shall be kept on file with and available at the office of the Town Clerk. Section 17. Additional Penalties. 1. Pursuant to Article 7 of New York State Agriculture and Markets Law, an intentionally refuses, withholds, or denies a person, any person who by an on-duty p because he or she is accompanied ty 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 $200.00 for the first violation and up to $400.00 for each subsequent violation. 2. 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 Local Law and/or Section 117 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 $250.00. A violation as defined in Section 7.0 of this Local Law shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a penalty of not more than $500 and/or imprisonment for a term not to exceed fifteen days, for each violation. Section 18. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or Town of Newfield as a result of any prosecution for violations of the provisions ofties L the Law or Article 7 of New York State Agriculture and Markets Law and all bail forfe forfeitures b I persons charged with such violations shall be the property of the Town of Newfield and shall 11 be paid to the Town Supervisor. Such moneys shall be used only for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. Section 19. Noniiabiliity. No action shall be maintained against the Town of Newfield or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law 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 Local Law or New York State Agriculture and Markets Law. Section 20. Separability If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the Local Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 21. Repealer. This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the control, licensing and fee schedules of dogs within the Town and they shall be, upon the effective date of this Local Law, null and void. Section 22. Effective Date. This Local Law shall take effect the 1st day of January 2011. 12 I .. . 1 • • 11 • 1 I 1 I • 1'. 1 I I I r I I •1 _ 1 I. I 1 1 strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 1 of 20 1 ---.of the(County)(City)(Town)(Village)of Newfield was duly passed by the Newfield Town Board on Dec. 9, 2010 ,in accordance with the applicable (Name of Legislative body) provisions of law. 2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.)- I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approvedX not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on. 20 ,in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of • the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approvedx not approved) (Name of Legislative Body) - (repassed after disapproval)by the on 20 . (Elective Chief Executive Officers) Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on 20 ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approvedX not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 .Such local (Elective Chief Executive Officers) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 ,in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. Page 2 of 3 DOS-239(Rev.11/99) •I 1, 1 i • I•I I I . /. .1 i 1 I I I 611 1 I II.4 I i. .. .. hereby certify that the local law annexed hereto,designated as local law No. of 20—---of he City of . having been submitted to referendum pursuant to the provisions of section(36)(37) of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(specialxgeneral)election held on 20 ,became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. of 20_-__of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original lo al law, and was finally adopted in the manner indicated in paragraph_ I ,above. - A if Cle of the county legislative body,City,Town or Village Clerk or officer designated local legislative body gn by (Seal) Date: a- 9-,eU/e (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins I,the undersigned,hereby certify that•the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed he • . 1_ • Town Attorney Title County Cityof Newfield Town Village Date: 'Z- ' 1 ' /0 Page 3 of 3 DOS-239(Rev.11/99)