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HomeMy WebLinkAbout2010_11_30_Local_Law_No_10 Local Law No. 10 - 2010 This local law shall be known as the “Dog Licensing” Law BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The purpose of this law is to comply with the amendments to Article 7 of the NY Agriculture and Markets Law by which the State of New York has thrust additional duties upon the Town. Section 2 – Amendment of a current section of the Code of the Town of Mamaroneck: Section 58-7 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Section 58-7. Licensing of dogs; dog control; fees A. Unless exempted, the Town of Mamaroneck shall license all dogs located within the Town which are four (4) months of age or older. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license application fee set forth in section A250-1 A. below, any applicable license surcharges and such additional fees that may be established by the Town Board. 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 vaccination shall not be required. Each dog license issued shall be valid for a period of one year and shall not be transferrable. B. The application for a dog license shall be on a form approved by the Town Clerk. The application (i) shall state the sex, the actual or approximate age, the breed, the color and other identification marks of the dog (ii) in the case of a renewal of a license, shall state the identification number of the dog, (iii) shall state the name, the address (both postal and e-mail) and a telephone number of the owner and (iii) shall contain a certificate of rabies vaccination or statement in lieu thereof, as required by subdivision two of section 109 of the NY Agricultural and Markets Law. The application for a spayed or neutered dog which the Town is asked to license for the first time also 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 or the affidavit, an owner may present a statement certified by a licensed veterinarian stating that he or she 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. C. The Town Clerk shall not issue a dog license for a period which expires after the last day of the eleventh month following the expiration date of the rabies certificate included with the application for a dog license. D. All dog licenses issued by the Town shall expire on the last day of the twelfth month following the month in which the Town issued such license. E. Though their dogs are required to be licensed, the owners of a guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or a therapy dog shall not be required to pay the fee for licensing such a dog. F. A dog participating in a dog show shall not be required to wear its dog license while participating in such show. G. All dog owners shall respond to the Town whenever the Town conducts an enumeration of dogs pursuant to section 113 (6) of the New York Agricultural and Markets Law. Failure to respond within the time allotted for doing so shall result in the dog owner being liable for the fine set forth in section A250-1 A., below. H. Any violation of this law or of article 7 of the New York Agricultural and Markets Law shall be prosecuted as a violation under the New York State Penal Law. Such prosecutions shall be commenced by the issuance of an appearance ticket by any dog control officer, peace officer, constable or police officer. Section 3 – Amendment of a current section of the Code of the Town of Mamaroneck: Section 58-8 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Section 58-8. Impoundment and redemption fees A dog owner whose dog is impounded shall be liable for the fees for impoundment and redemption from impoundment set forth in section A250-1 A. below. Section 4 – Amendment of a current section of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended to delete the provisions in section A250-1 A. for sections 57-7B., to add the following provisions with respect to sections 57-7A. and 57-7G. and to delete the provisions with respect to 57-8 and replace them: Code Section Subject Fee or Deposit §58-7A. Dog license for each neutered male or spayed female dog $20.00 §58-7A. Dog license for each unneutered male or unspayed female dog $25.00 §58-7G. Failure to respond to an enumeration within the time allotted $50.00 §58-8 Fee for impoundment: $10.00 per day Redemption of an impounded animal: first impoundment within any calendar year $40.00 second impoundment within same calendar year $50.00 a subsequent impoundment within same calendar year $60.00 Section 5 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 6 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State.