109 - Licensing of dogs required; rabies vaccination required.

* §  109.  Licensing  of  dogs;  rabies  vaccination  requirement.  1.  Licensing of dogs. (a) 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 which is under the age of four months  and  which is not at large. Except as otherwise provided in this subdivision,  a license shall be issued or renewed for a period of one year, provided,  that at the option of the governing board of the municipality, a license  may  be  issued  or renewed for a period of one, two or three years, and  provided further, that no license shall be issued for a period  expiring  after  the  last day of the eleventh month following the expiration date  of the current rabies  certificate  for  the  dog  being  licensed.  All  licenses  shall  expire  on the last day of the last month of the period  for which they are issued. In the  event  an  applicant  for  a  license  presents,  in  lieu  of a rabies certificate, a statement certified by a  licensed veterinarian, as provided in subdivision three of this section,  a license shall be issued or renewed for a period of one year  from  the  date  of  said statement. Any municipality, authorized to issue licenses  pursuant to this article, which  has  a  population  not  exceeding  two  thousand  five  hundred  may, upon the approval of and pursuant to rules  and regulations promulgated by  the  commissioner,  establish  a  common  renewal  date  for all such licenses. A license issued by a municipality  that has established a common renewal date shall expire  no  later  than  the  common  renewal  date  prior  to  the expiration date of the rabies  certificate for the dog being licensed.    (b) Application for a dog license shall be made to the  clerk  of  the  town or city or, in the counties of Nassau and Westchester, incorporated  village  in  which  the dog is harbored or to the village clerk of those  villages in the county of Rockland with a population of fifteen thousand  or more which have  elected  to  accept  applications  pursuant  to  the  provisions  of  this paragraph or to the village clerk of the village of  Newark in the county of Wayne upon the election of the village of Newark  pursuant to the provisions of this paragraph. Provided, however, that in  the counties of Nassau and Westchester, the board  of  trustees  of  any  incorporated  village  may  by  resolution provide that applications for  licenses shall no longer be made to the village clerk, but to the  clerk  of  the  town  in  which  the village is situated. If such resolution is  approved by the town board of the town in which the village is situated,  such resolution shall become effective not less than six months after  a  certified  copy  of  such  resolution  of  the  village board and of the  resolution of approval of the town board shall have been filed with  the  commissioner. Provided further, however, that in the county of Rockland,  the  board  of trustees of any incorporated village with a population of  fifteen thousand or more may by resolution provide that application  for  licenses  shall be made to the village clerk. Provided further, however,  that in the county of Wayne, the board of trustees  of  the  village  of  Newark  may by resolution provide that application for licenses shall be  made to the village clerk. If such resolution is approved by the town or  towns in which the village is located, it  shall  become  effective  not  less  than six months after a certified copy of such approved resolution  shall have been filed with the commissioner. The governing body  of  any  town or city or, in the counties of Nassau and Westchester, incorporated  village  or  in the county of Rockland, those villages with a population  of fifteen thousand or more which have so elected to accept applications  or in the county of Wayne, the village of Newark if such village has  so  elected  to  accept  applications  may,  on  resolution  of  such  body,  authorize that such application be made to one or more named dog control  officers of any such town, city or village. The issuance of any  license  by  any  such  officer shall be under the control and supervision of theclerk. In the case of a  seized  dog  being  redeemed  or  a  dog  being  otherwise   obtained  from  a  county  animal  shelter  or  pound,  such  application may be made to the county dog control officer in  charge  of  such   facility  provided  such  officer  has  been  authorized  by  the  commissioner to accept such applications. In the case  of  a  dog  being  redeemed  or  a  dog  being adopted from a shelter or pound established,  maintained or contracted for, pursuant to section one hundred fifteen of  this article, such application may  be  made  to  the  manager  of  such  facility,  provided such manager has been authorized by the commissioner  to accept such application. Such authorization shall be requested by the  governing body of the pound or shelter and the  granting  or  denial  of  such authorization shall be in the discretion of the commissioner.    (c)  The  application  shall state the sex, actual or approximate age,  breed, color, and official identification number of the dog,  and  other  identification  marks,  if any, and the name, address, telephone number,  county and town, city or village of residence of the owner.    (d) The application shall be accompanied by the license fee prescribed  by section one hundred ten of this article and a certificate  of  rabies  vaccination  or  statement  in  lieu thereof, as required by subdivision  three of this section. 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,  provided such certificate or  affidavit shall not be required if the same is already on file with  the  clerk  or  authorized dog control officer. 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  paragraph  (a)  of subdivision one of section one hundred ten of this article.    (e)  Upon  validation  by the clerk, authorized dog control officer or  authorized pound or shelter manager,  the  application  shall  become  a  license  for  the  dog  described  therein. Once an application has been  validated, no refund therefor shall be made.    (f) The clerk, authorized dog control officer or authorized  pound  or  shelter  manager  shall: (i) provide a copy of the license to the owner;  (ii) send, by the fifth day of the month following the month of  license  issuance,  a  copy  of  the  license,  or  a  report  of the information  contained therein, to the commissioner; and (iii) retain a record of the  license in the manner prescribed by the commissioner. In  addition,  the  authorized pound or shelter manager shall send, within forty-eight hours  of  validation,  a  copy  of  the  license to the licensing municipality  within which the dog is to be harbored.    (g) 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.    (h) Notwithstanding the provisions of any general,  special  or  local  law,  or  any  rule or regulation to the contrary, the clerk, authorized  dog  control  officer  or  authorized  pound  or  shelter   manager   in  municipalities  having  a  population  of less than one hundred thousand  shall send to the commissioner a copy of the  validated  license,  or  a  report  of  the  information  therein,  by  the  fifth  day of the month  following the month of license issuance. In addition, the authorized dog  control  officer  or  authorized  pound  or  shelter  manager  in   such  municipalities  shall,  within  five business days after the license has  been validated, send a copy of the validated license  to  the  licensing  municipality in which the dog is to be harbored.2.  Purebred  license.  (a)  The  owner  of  one or more purebred dogs  registered by a recognized registry association  may  annually  make  an  application  for  a  purebred  license, in lieu of or in addition to the  individual licenses required by  subdivision  one  of  this  section.  A  purebred  license shall be valid for a period of one year beginning with  the first day of the month following the date of issuance and  shall  be  renewable annually thereafter prior to the expiration date.    (b)  Such  application  shall  be  made  to  the  person  specified in  paragraph (b) of subdivision one of this section.    (c) The application shall state the name, address and telephone number  of the owner; the county and city, town or village where such  dogs  are  harbored;  the  sex,  breed,  registry  name and number of each purebred  registered dog over the age of four months  which  is  harbored  on  the  premises;  and  the  sex  and breed of each purebred dog over the age of  four months which is harbored on the premises and which is eligible  for  registration.  The  application  shall  also  include a statement by the  owner that all purebred dogs over the  age  of  four  months  which  are  harbored on the premises have been listed.    (d) The application shall be accompanied by the license fee prescribed  by  section  one hundred ten of this article and a certificate of rabies  vaccination or statement in lieu thereof,  as  required  by  subdivision  three of this section.    (e)  Upon  receipt of the foregoing items, the clerk or authorized dog  control officer shall assign a license number, which shall  be  reserved  for the sole use of the named owner, and shall issue a purebred license.  Once  a  purebred  license  has been issued, no refund therefor shall be  made.    (f) The clerk, authorized dog control officer or authorized  pound  or  shelter manager shall: (i) provide a copy of the purebred license to the  owner;  (ii)  send, by the fifth day of the month following the month of  license issuance, a copy of the purebred license, or  a  report  of  the  information  contained  therein, to the commissioner; and (iii) retain a  record  of  the  purebred  license  in  the  manner  prescribed  by  the  commissioner.  In  addition,  the  authorized  dog  control  officer  or  authorized pound or shelter manager shall send, within forty-eight hours  of validation, a copy of  the  license  to  the  licensing  municipality  within which the dog is to be harbored.    (g)  No  purebred  license  shall  be  transferable.  Upon  change  of  ownership of any dog licensed under a purebred license, such  dog  shall  become  subject  to  the licensing provisions of subdivision one of this  section, except when the new owner holds a valid purebred license.    (h) Notwithstanding the provisions of any general,  special  or  local  law,  or  any  rule or regulation to the contrary, the clerk, authorized  dog  control  officer  or  authorized  pound  or  shelter   manager   in  municipalities  having  a  population  of less than one hundred thousand  shall send to the commissioner a copy of the  validated  license,  or  a  report  of  the  information  contained therein, by the fifth day of the  month  following  the  month  of  license  issuance.  In  addition,  the  authorized dog control officer or authorized pound or shelter manager in  such  municipalities  shall, within five business days after the license  has been validated,  send  a  copy  of  the  validated  license  to  the  licensing municipality within which the dog is to be harbored.    3.  The  clerk,  authorized dog control officer or authorized pound or  shelter manager, at the time of issuing any  license  pursuant  to  this  article, shall require the applicant to present 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 old age or otherreason, the life  of  the  dog  or  dogs  would  be  endangered  by  the  administration  of vaccine. The clerk, authorized dog control officer or  authorized pound or shelter manager shall make or cause to be made  from  such  statement  a  record of such information as may be required by the  commissioner and shall file such record with a copy of the license.    * NB Effective until January 1, 2011    * § 109. Licensing of dogs required; rabies vaccination  required.  1.  (a)  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 which is under the age of four months and which 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,  duly  incorporated  society  for  the prevention of cruelty to  animals, duly incorporated  humane  society  or  duly  incorporated  dog  protective   association.   Except   as   otherwise   provided  in  this  subdivision, a license shall be issued or renewed for  a  period  of  at  least  one  year, provided, that no license shall be issued for a period  expiring after  the  last  day  of  the  eleventh  month  following  the  expiration  date  of  the  current  rabies certificate for the dog being  licensed. All licenses shall expire on the last day of the last month of  the period for which they are issued. In the event an  applicant  for  a  license presents, in lieu of a rabies certificate, a statement certified  by  a  licensed  veterinarian,  as  provided  in subdivision two of this  section, a license shall be issued or renewed for a period of  one  year  from the date of said statement. Any municipality may establish a common  renewal  date for all such licenses.  A license issued by a municipality  that has established a common renewal date shall expire  no  later  than  the  common  renewal  date  prior  to  the expiration date of the rabies  certificate for the dog being licensed.    (b) Application for a dog license shall be made to the  clerk  of  the  town,  city,  or  county  or, in the counties of Nassau and Westchester,  incorporated village in which the dog is  harbored  or  to  the  village  clerk  of  those villages in the county of Rockland with a population of  fifteen thousand or more  which  have  elected  to  accept  applications  pursuant  to the provisions of this paragraph or to the village clerk of  the village of Newark in the county of Wayne upon the  election  of  the  village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.  Provided, however, that in the counties of Nassau and  Westchester,  the  board  of trustees of any incorporated village may by resolution provide  that applications for licenses shall no longer be made  to  the  village  clerk,  but  to  the clerk of the town in which the village is situated.  Provided further, however, that in the county of Rockland, the board  of  trustees  of  any  incorporated  village  with  a  population of fifteen  thousand or more may by resolution provide that application for licenses  shall be made to the village clerk. Provided further, however,  that  in  the  county of Wayne, the board of trustees of the village of Newark may  by resolution provide that application for licenses shall be made to the  village clerk. The governing body  of  any  town  or  city  or,  in  the  counties  of  Nassau  and  Westchester,  incorporated  village or in the  county of Rockland, those villages with a population of fifteen thousand  or more which have so elected to accept applications or in the county of  Wayne, the village of Newark if such village has so  elected  to  accept  applications  may,  on  resolution  of  such  body,  authorize that such  application be made to one or more named dog  control  officers  of  any  such  town,  city  or  village.  The issuance of any license by any such  officer shall be under the control and supervision of the clerk. In  the  case  of  a  seized dog being redeemed or a dog being otherwise obtained  from a county animal shelter or pound, such application may be  made  tothe  county  dog control officer in charge of such facility. In the case  of a dog being redeemed or a dog being adopted from a shelter  or  pound  established,  maintained  or  contracted  for,  pursuant  to section one  hundred  fourteen  of  this article, such application may be made to the  manager of such facility, provided such manager has been  authorized  by  the  municipality  in which the prospective owner resides to accept such  application. Such authorization shall be requested by the governing body  of the pound or shelter and the granting or denial of such authorization  shall be in the discretion of the municipality in which the  prospective  owner resides.    (c)  The  application  shall state the sex, actual or approximate age,  breed, color, and municipal identification number of the dog, and  other  identification  marks,  if any, and the name, address, telephone number,  county  and  town,  city  or  village  of  residence   of   the   owner.  Municipalities   may   also   require  additional  information  on  such  application as deemed appropriate.    (d) The application shall be accompanied by the license fee prescribed  by section one hundred ten of this article and a certificate  of  rabies  vaccination or statement in lieu thereof, as required by subdivision two  of  this  section.  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,  provided  such  certificate  or  affidavit  shall not be required if the same is already on file with the  clerk or authorized dog control officer. 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 subdivision one  of section one hundred ten of this article.    (e)  Upon  validation  by the clerk, authorized dog control officer or  authorized pound or shelter manager,  the  application  shall  become  a  license for the dog described therein.    (f)  The  clerk, authorized dog control officer or authorized pound or  shelter manager shall: (i) provide a copy of the license to  the  owner;  (ii)  retain  a  record of the license that shall be made available upon  request to the commissioner for purposes  of  rabies  and  other  animal  disease  control  efforts and actions. In addition, the authorized pound  or shelter manager shall send, within forty-eight hours of validation, a  copy of the license to the licensing municipality within which  the  dog  is to be harbored.    (g)  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.    (h)  Notwithstanding  the  provisions of any general, special or local  law, or any rule or regulation to the contrary,  the  clerk,  authorized  dog   control   officer  or  authorized  pound  or  shelter  manager  in  municipalities having a population of less  than  one  hundred  thousand  shall  within  five  business days after the license has been validated,  send a copy of the validated license to the  licensing  municipality  in  which the dog is to be harbored.    2.  The  clerk,  authorized dog control officer or authorized pound or  shelter manager, at the time of issuing any  license  pursuant  to  this  article, shall require the applicant to present 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 old age or anotherreason, the life  of  the  dog  or  dogs  would  be  endangered  by  the  administration  of vaccine. The clerk, authorized dog control officer or  authorized pound or shelter manager shall make or cause to be made  from  such  statement  a record of such information and shall file such record  with a copy of the license. Such records shall be made available to  the  commissioner  upon  request  for rabies and other animal disease control  efforts.    3. Municipalities may provide for the establishment  and  issuance  of  purebred  licenses  and,  in the event they do so, shall provide for the  assessment of a surcharge of at least three dollars for the purposes  of  carrying  out  animal  population control efforts as provided in section  one hundred seventeen-a of this article.    * NB Effective January 1, 2011