HomeMy WebLinkAboutLocal Law 4 - 2010 Dog Licensing Homer - 1 -
DRAFT
PROPOSED LOCAL LAW #4 FOR THE YEAR 2010
LICENSING & CONTROL OF DOGS IN THE TOWN OF HOMER
Section 1. Title. The title of this Local Law shall be, “Licensing and Control of Dogs in
the Town of Homer.
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 Homer, including the
Village of Homer.
2. In the event that any dog owned by a non-resident of the Town of Homer 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.
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 have the
following respective meanings:
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.
c. “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.
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5. “Domestic animal” means any domesticated sheep, horse, cattle, fallow deer,
red deer, sika deer, or whitetail deer which is raised under license from the New York
State Department of Environmental Conservation (NYSDEC), llama, alpaca, goat, swine,
fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird
which is raised under license from NYSDEC before release from captivity.
6. “Harbor” means to provide food or shelter to any dog.
7. “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. In the event any dog found to be in 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.
8. “Owner of record” means the person purchasing the license or in whose name
any dog was last licensed. An owner of record shall be 18 years of age or older.
Section 6. Licensing.
1. Application for Original License.
a. The owner of any dog harbored in the Town of Homer 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.
b. The Town of Homer authorizes the Country Acres Animal Shelter
and/or the Cortland County SPCA, acting by its manager to provide, accept and grant
an application for a dog license made by a resident of the Town of Homer at the time of
the adoption from the shelter provided that such application is made in accordance with
Section 6 of this Local Law and the license fee, any additional fee or surcharge, be
submitted to the Town Clerk of the Town of Homer on or before the third day of the
month following the month in which the license fee and any additional fee or surcharge
was received.
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 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.
In the case of a dog being redeemed or adopted from an animal shelter, a copy of the
rabies vaccination certificate must be forwarded to the Town Clerk.
3. Spay/Neuter Certificate.
In the case of a spayed or neutered dog, every application shall also 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 (altered). 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,
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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.
4. 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 in the same month in which it was originally issued.
5. 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.
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 spayed or neutered during the
preceding year, the certificate shall be presented to the Town Clerk in order to receive the
reduced fee for an altered dog.
d. The renewal shall be issued for one year , and shall expire on the last
day of the month in the same month in which it was originally issued. Dog owners may
request a change in their renewal date which may be granted at the discretion of the Town
Clerk. However, no licensing fees will be pro-rated, refunded or waived.
6. License Fees.
a. All applications for original licenses or renewals shall be accompanied
by a fee established by resolution of the Homer Town Board. The total fee for
unspayed/unneutered dogs shall be at least 5 dollars more than the total fee for a
spayed/neutered dog.
b. License fees are to be used only for controlling dogs and enforcing this
Local Law and Article 7 of the Agriculture and Markets Law of the State of New York.
c. In addition to the license fee, dogs identified as unlicensed during an
enumeration shall be charged an additional fee, to be established by resolution of the
Homer Town Board, to pay the expenses incurred while conducting the enumeration.
d. In addition to the fees set by the Town Board, an assessment of $1.00
for each spayed/neutered dog and $3.00 for each unspayed/unneutered dog shall be
charged for the purpose of carrying out population control efforts as mandated by Article
7 of the Agriculture and Markets Law of the State of New York. Those fees shall be
forwarded by the Town Clerk to a fund established for the particular purpose of spaying
and neutering both dogs and cats in Cortland County pursuant to Article 7 of the
Agriculture and Markets Law.
e. Exempted from the payment of the license fees are applications
submitted for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs.
7. Identification of Dogs.
a. When a dog is originally licensed, a Town of Homer identification
number shall be assigned and an identification tag shall be issued which shall be worn by
the dog at all times.
b. Existing New York State dog licenses being renewed or transferred in
from another municipality shall be assigned a Town of Homer identification number and
an identification tag shall be issued. Previous license tags shall be surrendered to the
Homer Town Clerk.
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c. Lost tags shall be replaced at the expense of the owner at a fee set by
the Homer Town Board.
8. Owner Responsibilities.
The dog owner shall be responsible for notifying the Town Clerk’s Office of any
change of address, change of ownership, or for a lost, stolen, or deceased dog within ten
days of the change. Failure to notify the Office of such changes shall constitute a
violation of this Local Law.
9. Purebred Licenses.
a. The owner of two or more purebred dogs registered by a nationally
recognized registry association may make an application to the Town Clerk for a
purebred license in lieu of the individual licenses required by Subdivision 1 of this
Section.
b. All dogs over four months of age must be listed and included in the
purebred license.
c. 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 the
Section for every dog listed on the license. Certification for any spayed/neutered dog
shall be included as specified in Part 3 of this Section.
d. Fees for purebred licenses shall be determined by resolution of the
Homer Town Board.
e. In addition to the fees set by the Town Board, as assessment of $1.00
for each spayed/neutered dog and $3.00 for each unspayed/unneutered dog shall be
charged for the purpose of carrying out population control efforts as mandated by Article
7 of the Agriculture and Markets Law of the State of New York.
f. A comprehensive list of registry numbers and associations shall be
required to be submitted with the application.
g. Purebred licenses shall be issued for one year and renewed annually
and shall not be transferable.
Section 7. Restricted Acts.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
1. Be unlicensed or not have had its license renewed, unless such dog is under
four months old.
2. Run at large unless the dog is restrained by an adequate leash or unless it is
accompanied by its owner or a responsible person and under the full control of such
owner or person. For the purpose of this Section, a dog or dogs hunting in company of a
hunter or hunters shall be considered as accompanied by its owner.
3. Create a noise disturbance by barking for a period of 20 minutes or more
within a one-hour period.
4. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds
or other property without the consent or approval of the owner thereof.
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5. Chase, jump upon or at or otherwise harass any person in such a manner as to
reasonably cause intimidation or fear or to put such person in reasonable apprehension of
bodily harm or injury.
6. 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.
7. 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.
8. If a female dog in heat, be off the owner’s premises unrestrained by a leash or
left outside unattended.
Section 8. Dangerous Dogs.
The determination of a dangerous dog and the prosecution of the owner of such a
dog shall be pursuant to Article 7 of the Agriculture and Markets Law of the State of
New York.
Section 9. Seizure and impoundment.
The seizure and impoundment of dogs in violation of Article 7 of the Agriculture
and Markets Law and of Section 7 of this Local Law shall be in accordance with Article
7 of the Agriculture and Markets Law. Fees for seizure and impoundment of dogs shall
be established by resolution of the Homer Town Board.
Section 10. Appearance tickets.
The Dog Control Officer or any peace officer having reasonable cause to believe
that a person has violated this Local Law shall issue and serve upon such person an
appearance ticket for such violation.
Section 11. Complaint of violation.
Any person who observes a dog in violation of this Local Law may file a
complaint under oath with the Dog Control Officer specifying the nature of the violation,
the date thereof, a description of the dog and the name and residence, if known, of the
owner of the dog. Such complaint may serve as the basis for enforcing the provisions of
this Local Law.
Section 12. Penalties for offenses.
Any person convicted of a violation of this Local Law shall be liable to a civil
penalty of not less than $25, except that when the person shall have been found to have
violated this Local Law within the preceding five years, the civil penalty shall not be less
than $50, and where the person shall have been found to have committed two or more
such violations within the preceding five years, the civil penalty shall not be less than
$100.
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Section 13. 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 peace officer who shall proceed pursuant to the Dangerous Dog
Section of Article 7 of the Agriculture and Markets Law.
2. In no event shall the Town of Homer, the Village of Homer or the County of
Cortland be held liable for any damage done by any dog.
Section 14. Effective Date.
This Local Law shall take effect the 1st day of January, 2011.