§ 109 — Licensing of dogs required; rabies vaccination required

§ 109. Licensing of dogs required; rabies vaccination required. 1. (a)\nThe owner of any dog reaching the age of four months shall immediately\nmake application for a dog license. No license shall be required for any\ndog which is under the age of four months and which is not at large, or\nthat is residing in a pound or shelter maintained by or under contract\nor agreement with the state or any county, city, town or village, duly\nincorporated society for the prevention of cruelty to animals, duly\nincorporated humane society or duly incorporated dog protective\nassociation. Except as otherwise provided in this subdivision, a license\nshall be issued or renewed for a period of at least one year, provided,\nthat no license shall be issued for a period expiring after the last day\nof the eleventh month following the expiration date of the current\nrabies certificate for the dog being licensed. All licenses shall expire\non the last day of the last month of the period for which they are\nissued. In the event an applicant for a license presents, in lieu of a\nrabies certificate, a statement certified by a licensed veterinarian, as\nprovided in subdivision two of this section, a license shall be issued\nor renewed for a period of one year from the date of said statement. Any\nmunicipality may establish a common renewal date for all such licenses.\nA license issued by a municipality that has established a common renewal\ndate shall expire no later than the common renewal date prior to the\nexpiration date of the rabies certificate for the dog being licensed.\n (b) Application for a dog license shall be made to the clerk of the\ntown, city, or county or, in the counties of Nassau and Westchester,\nincorporated village in which the dog is harbored or to the village\nclerk of those villages in the county of Rockland with a population of\nfifteen thousand or more which have elected to accept applications\npursuant to the provisions of this paragraph or to the village clerk of\nthe village of Newark in the county of Wayne upon the election of the\nvillage of Newark pursuant to the provisions of this paragraph.\nProvided, however, that in the counties of Nassau and Westchester, the\nboard of trustees of any incorporated village may by resolution provide\nthat applications for licenses shall no longer be made to the village\nclerk, but to the clerk of the town in which the village is situated.\nProvided further, however, that in the county of Rockland, the board of\ntrustees of any incorporated village with a population of fifteen\nthousand or more may by resolution provide that application for licenses\nshall be made to the village clerk. Provided further, however, that in\nthe county of Wayne, the board of trustees of the village of Newark may\nby resolution provide that application for licenses shall be made to the\nvillage clerk. Provided further, however, that in the county of\nMontgomery, the board of trustees of the village of St. Johnsville may\nby resolution provide that application for licenses shall be made to the\nvillage clerk. The governing body of any town or city or, in the\ncounties of Nassau and Westchester, incorporated village or in the\ncounty of Rockland, those villages with a population of fifteen thousand\nor more which have so elected to accept applications, in the county of\nWayne, the village of Newark if such village has so elected to accept\napplications or, in the county of Montgomery, the village of St.\nJohnsville if such village has so elected to accept applications may, on\nresolution of such body, authorize that such application be made to one\nor more named dog control officers of any such town, city or village.\nThe issuance of any license by any such officer shall be under the\ncontrol and supervision of the clerk. In the case of a seized dog being\nredeemed or a dog being otherwise obtained from a county animal shelter\nor pound, such application may be made to the county dog control officer\nin charge of such facility. In the case of a dog being redeemed or a dog\nbeing adopted from a shelter or pound established, maintained or\ncontracted for, pursuant to section one hundred fourteen of this\narticle, such application may be made to the manager of such facility,\nprovided such manager has been authorized by the municipality in which\nthe prospective owner resides to accept such application. Such\nauthorization shall be requested by the governing body of the pound or\nshelter and the granting or denial of such authorization shall be in the\ndiscretion of the municipality in which the prospective owner resides.\n (c) The application shall state the sex, actual or approximate age,\nbreed, color, and municipal identification number of the dog, and other\nidentification marks, if any, and the name, address, telephone number,\ncounty and town, city or village of residence of the owner. The\napplication shall include space where an owner may elect to make a\ncontribution in support of the pound or shelter managed by the\nmunicipality where the owner resides or any organization which is\ncontracted by such municipality to provide animal shelter services. The\nspace for contribution shall be clearly marked and distinct with bold\nlettering or on a separate page, to make clear it is a voluntary\ncontribution and not a part of the license fee. The application shall\nlist the organization in which the contribution will be sent and may\nlist suggested reasonable contribution amounts with an option for any\namount. Municipalities may also require additional information on such\napplication as deemed appropriate.\n (d) The application shall be accompanied by the license fee prescribed\nby section one hundred ten of this article, the contribution, if elected\nby the owner, and a certificate of rabies vaccination or statement in\nlieu thereof, as required by subdivision two of this section. In the\ncase of a spayed or neutered dog, every application shall also be\naccompanied by a certificate signed by a licensed veterinarian or an\naffidavit signed by the owner, showing that the dog has been spayed or\nneutered, provided such certificate or affidavit shall not be required\nif the same is already on file with the clerk or authorized dog control\nofficer. In lieu of the spay or neuter certificate an owner may present\na statement certified by a licensed veterinarian stating that the\nveterinarian has examined the dog and found that because of old age or\nother reason, the life of the dog would be endangered by spaying or\nneutering. In such case, the license fee for the dog shall be the same\nas for a spayed or neutered dog as set forth in subdivision one of\nsection one hundred ten of this article.\n (e) Upon validation by the clerk, authorized dog control officer or\nauthorized pound or shelter manager, the application shall become a\nlicense for the dog described therein.\n (f) The clerk, authorized dog control officer or authorized pound or\nshelter manager shall: (i) provide a copy of the license to the owner;\n(ii) retain a record of the license that shall be made available upon\nrequest to the commissioner for purposes of rabies and other animal\ndisease control efforts and actions. In addition, the authorized pound\nor shelter manager shall send, within forty-eight hours of validation, a\ncopy of the license to the licensing municipality within which the dog\nis to be harbored.\n (g) No license shall be transferable. Upon the transfer of ownership\nof any dog, the new owner shall immediately make application for a\nlicense for such dog.\n (h) Notwithstanding the provisions of any general, special or local\nlaw, or any rule or regulation to the contrary, the clerk, authorized\ndog control officer or authorized pound or shelter manager in\nmunicipalities having a population of less than one hundred thousand\nshall within five business days after the license has been validated,\nsend a copy of the validated license to the licensing municipality in\nwhich the dog is to be harbored.\n 2. The clerk, authorized dog control officer or authorized pound or\nshelter manager, at the time of issuing any license pursuant to this\narticle, shall require the applicant to present a statement certified by\na licensed veterinarian showing that the dog or dogs have been\nvaccinated to prevent rabies or, in lieu thereof, a statement certified\nby a licensed veterinarian stating that because of old age or another\nreason, the life of the dog or dogs would be endangered by the\nadministration of vaccine. The clerk, authorized dog control officer or\nauthorized pound or shelter manager shall make or cause to be made from\nsuch statement a record of such information and shall file such record\nwith a copy of the license. Such records shall be made available to the\ncommissioner upon request for rabies and other animal disease control\nefforts.\n 3. Municipalities may provide for the establishment and issuance of\npurebred licenses and, in the event they do so, shall provide for the\nassessment of a surcharge of at least three dollars for the purposes of\ncarrying out animal population control efforts as provided in section\none hundred seventeen-a of this article. Municipalities which issue\npurebred licenses shall remit such surcharge collected to the\ncommissioner.\n 4. Municipalities shall deposit all monies collected from voluntary\ncontributions pursuant to paragraph (c) of subdivision one of this\nsection into a dedicated fund. The proceeds of such fund shall be\nproperly accounted for and be given to the organization listed on the\napplication annually. In no event shall the funds derived from voluntary\ncontributions replace any existing funding commitments to such\norganizations.\n