HomeMy WebLinkAboutLL 07 of 2010 Revising Chapter 112 for Dog Licensing TOWN OF ITHACA
LOCAL LAW NO. 7 OF THE YEAR 2010
A LOCAL LAW REVISING CHAPTER 112, TITLED "ANIMALS,"ARTICLE 1, TITLED
"DOG CONTROL AND LICENSING," OF THE TOWN OF ITHACA CODE REGARDING
DOG LICENSING REQUIREMENTS AND FEES, AND REVISING FINES AND PENALTIES
FOR CHAPTER 112 VIOLATIONS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing),
Section 112-2, titled"Prohibited acts", is amended by deleting subsection F and replacing it with a new
subsection F reading as follows:
"F. Is unlicensed when four months of age or older, unless the dog is exempt from this
requirement pursuant to Article 7 of the Agriculture and Markets Law of the State of New
York. In addition, any dog harbored within the Town of Ithaca that is owned by a resident
of New York City and is licensed by the City of New York, or that is owned by a non-
resident of New York State and is licensed by a jurisdiction outside the State of New York,
shall be exempt from this licensing requirement for a period of 30 days from the day the
dog is first harbored within the Town. For the purposes of this article, "harbor" shall mean
to provide food or shelter to any dog."
Section 2. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing),
Section 112-2, titled"Prohibited acts", is amended by deleting subsection G and replacing it with a new
subsection G reading as follows:
"G. Is not wearing a current valid Town of Ithaca dog license identification tag at all times,
unless the dog is exempt from this requirement pursuant to Article 7 of the Agriculture and
Markets Law of the State of New York or meets the following requirements:
(1) Dogs participating in a dog show are exempt from this requirement during such
participation.
(2) Any dog harbored within the Town of Ithaca that is owned by a resident of New
York City and is licensed by the City of New York, or that is owned by a non-
resident of New York State and is licensed by a jurisdiction outside the State of
New York, shall be exempt from this requirement for a period of 30 days from the
day the dog is first harbored within the Town."
Section 3. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing),
Section 112-3, titled"Enforcement", is amended by adding the words "and Article 7 of the Agriculture
and Markets Law of the State of New York" after the first occurrence of the words "of this article", and
by adding the words "or Article 7 of the Agriculture and Markets Law of the State of New York" after the
second occurrence of the words "of this article", so that Section 112-3 reads as follows:
"§ 112-3. Enforcement.
Town of Ithaca: Dog Control and Licensing Local Law
The Dog Control Officer of the Town of Ithaca, or any other person or persons who are or may be
lawfully authorized by the Town shall, and all peace officers may, administer and enforce the
provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New
York, and for such purpose shall have the authority to issue appearance tickets and/or, when
authorized by law, to seize dogs, either on or off the premises of the owner or person harboring
such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this article
or Article 7 of the Agriculture and Markets Law of the State of New York."
Section 4. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing),
Section 112-8, titled"Penalties for offenses", is amended by deleting this section and replacing with a
new Section 112-8 reading as follows:
"§ 112-8. Fines and penalties for offenses and violations.
A. A violation of this article shall constitute a violation as the same is defined in the
Penal Law of the State of New York, and shall be punishable by a fine of:
(1) $50 dollars for the first violation,
(2) $75 for the second violation committed within the preceding 5 years, and
(3) $125 or imprisonment for a term not to exceed 15 days, or both, for the
third and all subsequent violations committed within the preceding 5 years.
B. At the Town's election, it may commence an action to recover a civil penalty
and/or injunctive relief for a violation of this article. The civil penalty shall be:
(1) $50 dollars for the first violation,
(2) $75 for the second violation committed within the preceding 5 years, and
(3) $125 for the third and all subsequent violations committed within the
preceding 5 years.
C. The fines and penalties specified above are in addition to any penalties provided by
law for violations of Article 7 of the Agriculture and Markets Law of the State of
New York."
Section 5. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing),
Section 112-9, titled"License fees,"is amended by:
A. Changing the title to "Licensing and license fees".
B. Deleting subsections A through C and replacing them with new subsections A though D
reading as follows:
"A. The Town Clerk of the Town of Ithaca shall provide, accept and grant applications
for dog licenses required by Article 7 of the Agriculture and Markets Law of the
Adopted 12-13-2010 2
Town of Ithaca: Dog Control and Licensing Local Law
State of New York, and for purebred licenses, for dogs harbored within the Town
of Ithaca. In addition, the Town Board of the Town of Ithaca may authorize by
resolution the manager of a pound or shelter established or maintained by the
Town, or with which it contracts for shelter services, to provide, accept and grant
applications for such licenses made by a resident of the Town at the time of the
adoption or redemption of a dog from the pound or shelter, provided the application
is made in accordance with Town of Ithaca procedures, and further provided the
manager remits to the Town of Ithaca the license fees and any additional fees,
surcharges and assessments referenced in subsection C below.
B. Each license application shall be accompanied by 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 rabies vaccination shall
not be required.
C. The dog owner shall pay the Town (or manager of a pound or shelter as authorized
by Town Board resolution) license fees and surcharges as set from time to time by
Town Board resolution, and the dog owner shall also pay the Town or authorized
manager any fees, surcharges and/or assessments set forth in Article 7 of the
Agriculture and Markets Law of the State of New York."
D. In the event that the State of New York changes or adds any state surcharges,
assessments and/or fees related to dogs, the total fee to be charged shall be
modified to include the then-current fees, surcharges and assessments."
Section 6. Chapter 112 (Animals) of the Town of Ithaca Code, Article I (Dog Control and Licensing), is
amended by adding new Section 112-10, titled"Impoundment fees", reading as follows:
"§ 112-10. Impoundment fees.
The owner of a dog that is seized and redeemed in accordance with the provisions of Article 7 of
the Agriculture and Markets Law of the State of New York shall pay the following impoundment
fees to the Town of Ithaca before the dog is released to the owner:
A. $10 for the first impoundment of any dog owned by that person;
B. $20 for the first 24 hours or part thereof and $3 for each additional 24 hours or part
thereof for the second impoundment,within I year of the first impoundment, of any
dog owned by that person.
C. $50 for the first 24 hours or part thereof and $3 for each additional 24 hours or part
thereof for the third and subsequent impoundments, within I year of the first
impoundment, of any dog owned by that person."
Section 7. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity.
Section 8. This local law shall take effect January 1, 2011.
Adopted 12-13-2010 3