Marlborough City Zoning Code
CHAPTER 60
Animals
§ 60-1 Purpose.
The purpose of this Article shall be to promote the health, safety, morals and general welfare of the town, including the protection and preservation of the property of the town and its inhabitants and of the peace and good order, by adopting and enforcing certain regulations and restrictions on the privileges of the owners of dogs and the rights and privileges of the residents of the town and by imposing restrictions upon the keeping and running at large of dogs within the area of public assembly within the town.
§ 60-2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
Any dog of either sex and of any age.
Any person appointed by the Town Board to assist in the enforcement of this Article.
[Amended 2-15-1982 by L.L. No. 2-1982]
Includes any person owning, harboring or keeping a dog within the limits of this town and the parent, guardian or other adult person with whom a minor owner of a dog resides.
§ 60-3 Running at large restricted.
No person who owns, possesses or harbors a dog shall allow or permit such dog to run at large in the town unless effectively restrained by a leash not exceeding eight feet in length or unless accompanied by its owner or other responsible person in full control of such dog.
For the purpose of this section, "full control" means that the dog will respond to the command, order or signal of the owner or other responsible person and that the owner or other responsible person shall at all times, by his command, order or sign, prevent his dog from bothering, worrying, annoying, chasing or barking at any person or animal.
No person who owns, possesses or harbors a female dog shall permit such dog to be outside a building or fenced enclosure in time of heat.
§ 60-4 Where running at large permitted.
A dog shall be permitted to run at large in the town while engaged in the sport of hunting, field training or field trials and accompanied by the owner or other responsible person.
A dog shall be permitted to run at large on the property of the owner or other person harboring the same, provided that:
§ 60-5 Additional restrictions.
Permitting dog to damage property prohibited. No person who owns a dog shall permit or suffer such dog to damage or destroy property of any kind.
Keeping of persistently barking dog prohibited. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which, by its continual barking, howling or whining or other frequent or long-continued noises, shall unreasonably disturb the comfort or repose of any person.
Sanitary requirements. No person who owns a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
Leashing of certain dogs. No person shall suffer or permit to run at large any dog which has been ordered to be confined, but any such order shall not be deemed violated while such a dog is personally and effectively restrained by a leash not to exceed eight feet in length.
Running at large on place of public assembly prohibited. No person owning, keeping, harboring or having the care, custody and/or control of any dog shall permit such dog to be at large on the grounds or on premises of places of public assembly unless restrained and under leash not exceeding eight feet in length.
Keeping dog which runs in a pack prohibited. No person shall permit, keep or suffer to be kept any dog which runs at large in a pack or with a pack of other dogs.
Kennels or dog hospitals. No person shall keep or maintain a kennel and/or hospital for the raising, breeding, boarding, care or treatment of dogs in the town unless the same are enclosed or housed in a suitable enclosure.
[Amended 3-8-1999 by L.L. No. 4-1999]
§ 60-6 Dog Control Officer; appointment; powers and duties.
[Amended 2-15-1982 by L.L. No. 2-1982]
The Town Board shall appoint a Dog Control Officer or Officers, as needed, pursuant to the appropriate statutes of the State of New York. It shall be the duty of such Dog Control Officer or Officers, as well as of any peace officer, when acting pursuant to his special duties, or of a police officer in the employ of the Town of Marlborough to enforce the appropriate provisions of this article and the Agriculture and Markets Law of the State of New York with respect to dogs in the town. The Dog Control Officer or Officers, as well as any peace officer, when acting pursuant to his special duties, or police officers in the employ of the Town of Marlborough shall seize any dog not restrained in violation of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York. All complaints concerning alleged violations of this article shall be communicated to the Dog Control Officer or Officers. All such complaints shall be investigated, and it shall be the duty of the Dog Control Officer or Officers, of any peace officer, when acting pursuant to his special duties, or of police officers in the employ of the Town of Marlborough, in an appropriate case, to proceed with civil or criminal enforcement of this article or any other provisions of the law hereto.
§ 60-7 Redemption of seized dog.
[Amended 6-14-1999 by L.L. No. 5-1999]
Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article, and further provided that the owner pays the following impoundment fees:
Twenty-five dollars for the first impoundment of any dog owned by that person, plus a kennel fee of $12 per day for every day impounded.
An impoundment fee of $50 and a kennel fee of $12 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
An impoundment fee of $75 and a kennel fee of $12 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
In addition to impoundment and kennel fees, after-hours pickup fees will be $50. Normal pickup hours are 8:00 a.m. to 6:00 p.m., Monday through Friday.
§ 60-8 (Reserved) [1]
§ 60-9 Penalties for offenses.
[Amended 8-22-1994 by L.L. No. 2-1994; 6-14-1999 by L.L. No. 5-1999]
An offense against this article shall be deemed a violation, and a person convicted of such offense shall be punishable by a fine of not more than $25 and/or five days' imprisonment for each violation, except that where the person has violated this article within the preceding five years, the fine shall be not less than $50 and/or 10 days' imprisonment, and where the person has committed two or more such violations within the preceding five years, the fine shall be not less than $100 or imprisonment for not more than 15 days, or both.
§ 60-10 Title.
The title of this article shall be "Dog Licensing and Control Law of the Town of Marlborough, County of Ulster."
§ 60-11 Authority.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, Former § 60-8, License fees, added 8-22-1994 by L.L. No. 2-1994, was superseded 1-10-2011 by L.L. No. 1-2011. See now Art. II, Dog Licensing, and the Municipal Home Rule Law of the State of New York.
§ 60-12 Purpose.
The Town Board of the Town of Marlborough, County of Ulster, hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs.
§ 60-13 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 article, the following terms shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant to this article.
A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
An individual who maintains a residence within the Town of Marlborough, County of Ulster, State of New York.
The Town of Marlborough, County of Ulster, State of New York.
To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
§ 60-14 Licensing of dogs required; application.
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town.
§ 60-15 Licenses issued by animal shelters and pounds.
The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the town or city in which the dog will be harbored for licensing or to the Town Clerk of the town where the shelter is located for the purchase of the license for adoption purposes.
§ 60-16 Proof of vaccination against rabies.
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.
§ 60-17 Term of license and renewals.
Each license issued pursuant to this article shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed.
§ 60-18 Fees.
State-mandated animal population control surcharge.
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount of $1, payable at the time the dog license application is filed.
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
Dog enumeration surcharge. Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a dog enumeration surcharge of $25, payable at the time of the application is filed to license said dog.
Replacement tag fee. A replacement tag fee of $15 shall be charged to offset the costs associated with the provision and replacement of identification tags.
§ 60-19 Issuance of license; identification tag.
Upon validation by the Town Clerk of the Town of Marlborough a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
Change of ownership; lost or stolen dogs.
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
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 upon the time of such renewal.
Identification tag.
The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
An identification tag is not required to be worn while the dog is participating in a dog show.
The official permanent identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $15 to the Town Clerk for a replacement tag.
§ 60-20 Purebred dog license and fee.
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law § 108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article. 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.
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town 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.
The application shall be accompanied by the license fee prescribed by this article and a certificate of rabies vaccination or statement in lieu thereof, as required by this article and article 7 of the State Agriculture and Markets Law.
Upon receipt of the foregoing items, the Clerk 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 therefore shall be made.
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 Subsection A of this section, except when the new owner holds a valid purebred license.
Fees. Fees for purebred licenses shall be as follows:
If no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application: $25.
If no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application: $50.
If more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application: $100.
Each purebred dog license shall be subject to an animal population control surcharge in the amount of $3 payable at the time the dog license application is filed.
§ 60-21 Penalties for offenses.
Any person convicted of a violation of this article shall be liable to a civil penalty of $25 for a first violation; of $50 for a second violation; and $75 for each subsequent violation.
§ 60-22 Repeal of inconsistent local laws or ordinances.
This article shall supersede all prior inconsistent local laws, ordinances, rules and regulations relative to the licensing of dogs within the Town. All prior inconsistent local laws, ordinances, rules and regulations shall be, upon the effectiveness of this article, null and void.
§ 60-23 Severability.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this ordinance.