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Local Law #2 for the Year 2011 Licensing of Dogs in the Town of Genoa Section 1. Title. The title of this Local Law shall be “Licensing of Dogs in the Town of Genoa.” Section 2. Authority. This Local Law is adopted pursuant to Chapter 59, Part T of the Laws of 2010, Article 7 of the Agriculture and Markets Law of the State of New York, and pursuant to the authority granted by § 10 of the Statute of Local Governments and § 10 of the Municipal Home Rule Law. Section 3. Purpose. The purpose of this Local Law is to provide for the licensing and identification of dogs and the public health protection of most mammal species, including humans, from rabies. Section 4. Application. A. This Local Law shall apply to all areas of the Town of Genoa B. In the event that any dog 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, provided such dog is licensed pursuant to the provisions of law of the area of the owner’s residence. C. 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. All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York. As used in this Local Law, the following words shall have the following respective meanings: A. “Altered” shall refer to a dog that has been spayed or neutered. B. “At large” means an unleashed dog not under control of the owner and off the premises of the owner. For the purpose of leased premises, “premises of the owner” shall refer to such leased premises and all common areas thereof. C. “Farm animal”, as used in this Local Law, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur- bearing animals, as defined in New York State Environmental ---PAGE BREAK--- Conservation Law, which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats. D. “Identification tag” means a tag issued by the Town of Genoa or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the Town Board deems appropriate and approves by resolution. E. “New York State Agriculture and Markets Law” means the Agriculture and Markets Law of the State of New York in effect as of January 1, 2011, including as thereafter amended or re-codified. F. “Owner” means any person who harbors or keeps any dog. G. “Resident” means any person who maintains a residence within the Town of Genoa, County of Cayuga, State of New York. H. “Town” means the area within the corporate limits of the Town of Genoa. I. “Town Board” means the Town of Genoa Board. J. “Town Clerk” means the Genoa Town Clerk. K. “Unaltered” shall refer to any dog that is not spayed or neutered. Section 6. Licensing. A. Application for Original License. 1. The Owner of any dog 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. 2. In the case of a dog being redeemed or adopted from a shelter or pound, the Town Board by resolution, and the manager of the facility, shall establish a licensing procedure that is agreeable and beneficial to both the Town of Genoa and the shelter or pound. B. Rabies Vaccination Required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian ---PAGE BREAK--- or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated, or that, because of old age or another reason, the life of the dog would be endangered by administration of the vaccine. A copy of the rabies certificate or such certified statement shall be provided and attached to the Clerk’s copy of the application. In the case of a dog being redeemed or adopted from a shelter, copies of such documents shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available to law enforcement and public health officials, upon request, for rabies and other animal disease control efforts. C. Spay/Neuter Certificates. 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. 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 sub-part F of this Section. D. Expiration of License. An original license shall be issued for a minimum period of one year and a maximum period of three years (up until the expiration of the current rabies vaccination certificate), and all license terms shall expire upon the last day of the month of the period of time for which such license was issued. E. License Renewal. 1. License renewal forms shall be mailed by the Town Clerk. 2. A new rabies certificate shall be required if the one on record has either expired or if it expires within 30 days of the date of renewal. An in-lieu-of statement as described in sub-part B of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk’s copy of the form. 3. 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 altered since the issuance of the original license the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. The Town Clerk shall make a copy of the certificate and attach it to the original license on file. ---PAGE BREAK--- 4. Upon renewal the Town Clerk shall provide a validated license to the owner. The Clerk’s copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration. F. License Fees. 1. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Genoa Town Board. The total fee for an unaltered dog shall be at least 5 dollars more than the total fee for an altered dog. 2. In addition to the fees set by the Town Board, an assessment of $3.00 for each unaltered dog and $1.00 for each altered dog shall be charged for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. This fee will either by transferred to a Cayuga County Spay-Neuter program or to a statewide Spay-Neuter program 3. No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license. 4. An additional fee may be established by resolution of the Genoa Town Board should a dog be identified as unlicensed during an enumeration. Failure to pay such fee shall be deemed a violation of this Local Law. Such additional fee shall be the property of the Town of Genoa and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this Local Law. G. Exemptions to License Fees. Owners seeking Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall provide documentation showing the dog being licensed is certified in one of these categories. This dog license will be exempt from license fees and such documentation will be required for each license renewal. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”. H. Identification of dogs. ---PAGE BREAK--- 1. When a dog is originally licensed, a Town of Genoa identification number will assigned and an identification tag shall be issued which shall be worn by the dog at all times. 2. No identification tag shall be affixed to the collar of any dog other than the one to which it was assigned. 3. Any guide dog, hearing dog, service dog, working search dog, war dog, detection dog, police work dog, or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by the Town. Such tag shall be a different color, shape and imprint from the Town identification tag and may be provided by the Town at the expense of the owner. 4. Lost tags shall be replaced at the expense of the owner at a fee set by the Genoa Town Board by resolution. I. Change of Address. In the event of a change of address of the owner of record of any such dog, the owner of record shall, within ten days of such change, notify the Town Clerk. J. Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town of Genoa, the new owner shall immediately make application for a license for such dog K. Deceased Dog. If any dog licensed in the Town of Genoa is lost, stolen or deceased, the owner of record shall notify the Town Clerk’s Office within ten days of the discovery of such loss, theft or death. In the case of a dog’s death, the owner of record shall so notify the Town Clerk either prior to renewal of license or at the time of such renewal. L. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes. 13. 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. At the time of application, the Town Clerk shall assign a Purebred License identification number. ---PAGE BREAK--- 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 this Section for every dog listed on the license. Certification for any altered dog shall be included as specified in Part 3 of this Section. The Town Clerk shall make copies of these certifications and file with the Clerk’s copy of the license. D. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Clerk’s copy of the license. E. All dogs over four months of age must be listed and included in the purebred license. F. Purebred licenses shall be issued for one year and renewed annually. G. All applications for and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of $3.00 for each unaltered dog and $1.00 for each altered dog shall be added for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued. H. No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Part 1 of this Section, except when the new owner holds a valid purebred license and adds the dog to such purebred license. I. Identification tags may be requested by a holder of a purebred license. All purebred tags shall include the identification number assigned to the purebred license and the cost shall be paid by the owner at a fee set by the Genoa Town Board. Section 7. Enforcement/Appearance Ticket. Any Dog Control or Police Officer, or other person or persons who are or may be lawfully authorized by the Town, shall administer and enforce the provisions of this Local Law, and for such purpose such persons shall have the authority to issue civil summonses. Section 8. Violations and Penalties. Any person convicted of a violation of this Local Law shall be liable for a civil penalty of Twenty-five Dollars ($25.00) for a first violation; of Fifty Dollars ($50.00) for a second violation and Seventy-five Dollars ($75.00) for each subsequent violation. All other provisions and requirements of the New York State Agriculture and Markets Law are and ---PAGE BREAK--- remain separately enforceable under New York State law, and nothing in this local law purports to limit the enforceability of New York State law. The rights and remedies of enforcement set forth in this local law are in addition to, and not in lieu of, any other right or remedy of the Town of Genoa relative to dog licensing and control, whether arising by law or in equity. Section 9. Disposition of Fines. Notwithstanding any other provision of law, all money collected as fines or penalties by the Town of Genoa in the enforcement of this Local Law, the enforcement of Article 7 of New York State Agriculture and Markets Law, and all bail forfeitures by persons charged with such violations, shall be the property of the Town of Genoa and shall be paid to the financial officer of such municipality (unless otherwise required the Penal Law, the Criminal Procedure Law, or other law or regulation of the State of New York). Such money shall be used solely for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and for subsidizing public humane education programs in responsible dog ownership. Section 10. Separability. If any section, paragraph, subdivision, clause, phrase or provision of this Local Law shall be held or adjudged invalid, unenforceable, or unconstitutional: such invalidity, unenforceability, or unconstitutionality shall be confined to the facts and circumstances giving rise to such determination or holding and shall not apply to other facts or circumstances; and/or such part shall be deemed severed from this Local Law and said invalid, unenforceable, or unconstitutional part shall not affect the validity of this Local Law as a whole or any other part or provision hereof. Section 11. Limitation upon Town Liability. The Town of Genoa, and its officers, employees and agents, shall not be liable or responsible for any injury to persons or damage to property due to the Town’s actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town, its officers, employees, and/or agents. This Section shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity. Section 12. Repealer. This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the licensing and fee schedules of dogs within the Town of Genoa. Section 13. Effective Date. This Local Law shall take effect the 1st day of January, 2011.