N.Y. Agriculture & Markets Law § 109: Licensing of dogs required; rabies vaccination required

§ 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. Provided further, however, that in the county of

Montgomery, the board of trustees of the village of St. Johnsville 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, in the county of

Wayne, the village of Newark if such village has so elected to accept

applications or, in the county of Montgomery, the village of St.

Johnsville 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 to the 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. The

application shall include space where an owner may elect to make a

contribution in support of the pound or shelter managed by the

municipality where the owner resides or any organization which is

contracted by such municipality to provide animal shelter services. The

space for contribution shall be clearly marked and distinct with bold

lettering or on a separate page, to make clear it is a voluntary

contribution and not a part of the license fee. The application shall

list the organization in which the contribution will be sent and may

list suggested reasonable contribution amounts with an option for any

amount. 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, the contribution, if elected

by the owner, 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 the

veterinarian 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 another

reason, 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. Municipalities which issue

purebred licenses shall remit such surcharge collected to the

commissioner.

4. Municipalities shall deposit all monies collected from voluntary

contributions pursuant to paragraph (c) of subdivision one of this

section into a dedicated fund. The proceeds of such fund shall be

properly accounted for and be given to the organization listed on the

application annually. In no event shall the funds derived from voluntary

contributions replace any existing funding commitments to such

organizations.