Loading...
HomeMy WebLinkAboutLL 2011 #01ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 31,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18,2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: · . Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK February23,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Sog~ho_ld Town B¢lding Department Signatur% Receivec~y Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title'~r:r~ /~'~ . DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK February 23,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18,2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK February 23,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or emall. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building D, epartment Signature, Rec. eived By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED, AND RETURNED TO SOUTHOLD TOWN CLERK February 23,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, ReceiVed By 6t ' Please print nan~ ! Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January31,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and retum to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold To/~vn Building Department Simaature, Rec¢i~e~By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 31,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors k~ Southold Town Building Department : S~ture, Reg~iv_~..By 151e~se print name ' Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 31,2011 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 18, 2011: Local Law #1 Local Law in relation to Amendments to Chapter 280, Zoning, ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees Please sign a duplicate of this letter and retum to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors ent Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Customer Copy M/51L ' EM 390736593 US UNITEDST~TESPOST~LSERVICE~ Post ~iceTo ~res~e ^TT: Ly~ch~ Rudder ~ Linda L~sch Principal Clerk NYSOOS State kecords & Law Bureau ()ne Commerce Plaza 99 Washintjl~on, Avenue Albany, HY 1223! ' L J L SOUTHOLD HPO SOUTHOLD, New York 119711000 3548330971-0097 01/19/2011 (800)275-8777 03:34:59 PH ~Sales Receipt -- Product Sale Unit Final Description Oty Price Price ALBANY NY 12231 Zone-2 Express Mail PO-Add Flat Rate Env 3.30 oz. Label ~:EN390736593US Fri 01/21/11 12:00 PM - Guaranteed Delivery Signature Requested Paid by account: EHCA number: 119294 Issue PVI: $18.30 $18,30 $0,00 Total: $0.00 Paid by: Order stamps at USPS.com/shop or call 1-800-Stamp24, Go to USPS,com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. ~mm~mm~m~m~m~m~mm~mm~m~m~mm~mmm Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps,com/poboxes. ~mm~m~m~m~$~mmm~mmm~ ~~mmmmmmmm~m~m~m~m~ Bi11#:1000301759428 Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business ~~mm~mmmm~mm~mmm~ ~m~m~mm~m~mmm~mmm~~ HELP US SERVE YOU BETTER 60 to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS ~m~mmm~m~mm~m~m~m~m~mmm Customer Copy ANDREW M. CUOMO GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 RUTH NOEMi COLON ACTING SECRETARY OF STATE R,.CE,V~D JAN 2 $ 2011 Town qert January 26,2011 Lynda M Rudder Deputy Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Town of Southold, Local Law I 2011, filed on January 24, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE,NY,US ° E-MAIL:INFO~DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING January 4, 2011 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 5:11 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" to comply with new State regulations regarding the licensing of dogs RESOLVED that the Town Board of the Town of Southold will hold a public heating on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January~ 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Animals" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "Animals" to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog gieeuse-gees-Licensing and Identification §83-16. Legislative Authori~,. This Article is enacted pursuant to the provisions of(Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. Amend Chapter 83, Animals 2 January 4, 2011 §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Def'mitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - 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. OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of fights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. A. 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. B. All dogs within the Town that are four (4) 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. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk 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. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. Amend Chapter 83, Animals 3 January 4, 2011 ~83-21. 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. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog 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 $1.00 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 $3.00 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 $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. Fee Exemptions There shall be no fee for any license issued for the following: guide dog, heating dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. o Each copy of any license for such dogs shall be conspicuously marked "Guide Dog", "Heating Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate by the Clerk. Amend Chapter 83, Animals 4 January 4, 2011 §83-24. Issuance of license~ identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. 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 owner. Change of Ownership, Lost or Stolen Dogs 1. 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. 2. In the event of a change in ownership of any dog that 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 ten days of such change, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk. 4. 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 1. The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carded by the dog on an identification tag which shall be affixed to the collar of the dog at all times. 2. 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. 3. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. ,~83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law 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 Local Law, null and void. Amend Chapter 83, Animals 5 January 4, 2011 (2) FiP. zen ~1~11~ 4: ............. ~1 ......... 'fi~fi~ ~-- Il. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have this notice that it was posted in the Suffolk Times on the 23~d of December and the 30th of December and that it was posted on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on the dog licensing law that is proposed? (No response) Hearing none. This hearing was closed at 5:14 PM Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VIT.A_L STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 19, 2011 Express Mail Local Law No. 1 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 1 of2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. 83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) SOUTHOLD ARTICLE III Dog Licensing and Identification e'Animals" Be it enacted the Town Board of the: ~ County ~ City [] Town of ~ Village (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not usc italics or underlining to indicate new matter. I;l County rn City [] Town of SOUTHOLD Cl Village Local Law No. 1 of the year 2011. A Local Law entitled, "Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. A. 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 (4) 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. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license appfi6'ation fee, any applicable license surcharges and such additional fees as may be established by the Town. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. Proof of Vaccination against Rabies. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a ~tatement from a licensed veterinarian that such vaccination would endanger the dog's life in which case accination shall not be required. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage 1. Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutered dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. C. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. D. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. E. Fee Exemptions 1. There shall be no fee for any license issued for the following: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 2. 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", as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof. 3. 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 owner. C. Change of Ownership, Lost or Stolen Dogs 1. 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. 2. In the event of a change in ownership of any dog that 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 ten days of such change, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the dis~°yery of such loss or theft, notify the Town Clerk. 4. 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. D. Identification tag 1. 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. 2. 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. 3. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law 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 Local Law, null and void. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of 3 competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adopt, ion by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. I of 20 11 . of the (Caxn.~')(CL~')(Town) (V~P.:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on January 4 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approvedXre-passed after lisapproval) by the and was deemed duly adopted on 20 , n accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ~ and was (approved)(not approved)(repassed a~er disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20 , and was (approved)(not approved) (repassed at,er disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submilled to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of gaid county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. ~i(If any other authorized form of final adoption has been followed, please provide an appropriate certification.) further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcr/pt there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. C~"~ o~e county legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 18~ 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) ~TATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annex~ Signature I J Martin D. l~egan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: January 18~ 2011 RESOLUTION 2011-79 ADOPTED DOC ID: 6518 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-79 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 4, 2011: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" to comply with new State regulations regarding the licensing of dogs and WHEREAS the Town Board of the Town of Southold held a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" which reads as follows: LOCAL LAW NO. 1 of 2011 A Local Law entitled, "Animals" to COmply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog L:'ceng: Fcc: Licensing and Identification §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of(Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. Resolution 2011-79 Board Meeting of January 4, 2011 §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - 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. OWNER - means any person who harbors or keePs any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensin~ of Dol~s. A. 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. , B. All dogs within the Town that are four (4) 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. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk 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. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. 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. Updated: 1/4/2011 2:04 PM by Linda Cooper Page 2 Resolution 2011-79 Board Meeting of January 4, 2011 §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage 1. Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutered dog shall be subiect to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. C. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. D. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. E. Fee Exemptions 1. There shall be no fee for any license issued for the following: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 2. 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", as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. 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 owner. Change of Ownership, Lost or Stolen Dogs 1. 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. 2. In the event of a change in ownership of any dog that 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 ten days of such Updated: 1/4/2011 2:04 PM by Linda Cooper Page 3 Resolution 2011-79 Board Meeting of January 4, 2011 change, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk. 4. 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 1. 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; 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. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law 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 he, upon the effectiveness of this Local Law, null and void. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE ~ This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 1/4/2011 2:04 PM by Linda Cooper Page 4 Resolution 2011-79 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Board Meeting of January 4, 2011 Updated: 1/4/2011 2:04 PM by Linda Cooper Page 5 10066 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 23rd dayof December, 2010. Principal Clerk Sworn to before me this /~- day of (~, (//.,~ 2019. "'"CHRISTINA VOLIN NOTARY PUBt~C-$1'ATE OF NEW YORK NC 01-V06105050 '!od In Suffolk County LEGAL N~rlCE No~ee of I~b~c Hea~m~ WHEREAS, there has been pre- seated to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December 2010 a Local Law to amend Chapter 83 of the Town Code of the Town of Sou4hold entiQed ~ to c0mpiy with new State regulations regarding the licensing of ~OLVED that the Town Board of the Town of Southold will hold a pub- lic hearing on the following Local Law at the So.hold Town Hall, 53095 Main charees and such additional fees as nmy be established bv the Town Road, Southold, New York, on the ~ §8~Z2. Term of Lieense ~ I~mew. a · at which time all interested persons wilt be given Each license issued oursuant to this an opportunity to be heard. Local Law shah be valid for a ~efiod The proposed Local Law entitled, one year and shall exoire on the last day ~ reads as follows: of the last month of the neried for which ~ it was is.med. No license shah be A Local Law elrdtled~ "Aulmals~ to issued for a nedod exoirin~ a~ter comply with new State regulations re- last day of the eleve~h monffi f~tlowivlt, garding the licensing of dogs. the exoirallon date of the current rabies BE IT ENACTgD by the Town Board of the Town of Southold as follows: L Chapter 83 of the Code of the Town ~f Southold is hereby amended by deIet- mg the stricken words and adding the underlined words as follows: ARTICLE m This Article ix enacted onr~n~m the ~mvisions of fChanter ~9: Part T ~f the Laws of 2010) Article 7 of the riculture and Markets Law and the nici~al Home Rule Law of the State 9~ New York, 4. In the ~ of a do~'s death, the o~aer of record *hatl ~o notify the Town Clerk either ~rior to renewal of license or u~on the time of such renewal D. Identification tag 1.The Town Clerk shall assign a Tos~ql .vermanent official' identification num- ber to a dot when is first licensed. S identification number shall be carried by the dog on an identification ta~ which shall be affixed to the collar of the at all time~ of this Article shall be liable for a civil for each subsequent violation, §83-26. Re_~l of lm'n~d*~,.,,t This Local Law shall suoersede to the licensirm of d°~s within t~e Town Ordinances. Rule~ and Requlations do~s in an effort to control and nrotec~ C. the Town's do~ nopulation and for the Each don found to be Unl~con.od ~, ........ ' heMth, safe~ and weffare of ~e ~ ~ a. To~ ~ ~nn~fi~ 5h~ .._ ~ ~,,~f,~ ............... ~j .... ~ ' ~ha~e ~vable at me i~e ~ a~°li ~ SE~ shall not affect the validity of this law ~s a whole or any part.t~ereof other than the part so decided to be unconstitution- al or invalid. ' IDENTIFICATION TA~ -A-tae is ina do~. serv/ce door wm~ ~dm~. ~orkin.: ~ued b~theToWn Clerk Wh~ se~ fiT~Hh ~ do~, delectio~ do~'. ~olice;~Ork m. ~n~qovz' This Local,Law shall take effect im- mediately upon ~ing with the Secretary of State as provided by law. Dated: December 14, 2010 · ~ ByORDER OF THE TOWN BOARD A. No hereon ~h~ll ngi~ .~. o nerson shall ovm or ~sse~s a "Guide Do~'. "Hearin~ Do~". "ServiCe OF THE TOWN OF SOUTHOLD ' 'C. Oifim~e Of Ow~i~hln~Lost fir StO- len Do~ L Uoon the' transfer of owner~hin of Of ~e~. Sworn to before me this ~/~ ~'~- F~rin/~cip~al Clerk day of '"'"CHRISTINA VOLINSKI NOTARY PUBt.~C-$TATE OF NEW YORK ~c. ~1-VO610~050 ~ed In ~uffolk County ~ to ~ with aew State Each li~e~e at~liOtiOa nhall be:ac- ab. able ~'t ~he time the doe Ilcense'~onlica- at all time~ number has been assinn~. For~the~r~5'se O~thi~ A~qcle. ~ae~ terms used herein are defined as fol- lows: I~. EFFEC~IVE. DAT~ IDENTIFICATION TAb - A.tae is- sued bv the Town Clerk which sets forth ~he identification number toaether with the name of the Town and State. the tein- phone number of the Town Cleric and any other information deemed neces- OWNER - means any person who harbors or kce~s any doe or other ani- mat oWNER~OF RECORD% in~a~d~be Demon in whose name a do~ was last li- censed ourauant to this Cha~ter. tmn. firm. svnthcata, com_o~v, hast. cor- oorafion, den~rlment- bureau or aaencv ~r any ~J' en~t~ ~d b~ I~w as maintEms a residence within the Town New-York. ' : · TOWN - means the Town o f S0uQlold. C~nt~of gUff~fia gtam of New York., RU-~ ^TLAROE - means:~o''be t~/a nublic ~lace or on b~ivate land without the knowiedae, consent and ao~roval of the owner of such lands, dog within the Town unless such do~ is linensed amt identified a~ orovided in Law and laws of the Town. B. All dogs within the Town that are four (4~ months of age or older, unless otherwise exemnted, shall be hcemsed. No license shah be reauired for ~nv do~ which is under the aec of four months and which is not at C. The owner of each do~ reaulred to be hcensed shall obtain, comolete ami return to the Town Clerk a doe license application together with the license oficalion fee. any aonlicable licens~ sar* fic~ of/he Togtn e~erk: Sa& ~of shall len Do~s mediately upon filing with the Secretary of State as provided by law. Dated: December 14, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD 38A I DECEMBER23 AND DECEMBER 30, 2010 I SUFFOLKTIMES.COM LEGAL NOTICES CONTINUED FROM PAGE 32A charues and such additional fees as may be established by the Town. LEGAL NOTICE Notiee of Public Hear~I WHEREA~, there has been pre- sented to the Town Board of the Town of Southold, Suffolk~Counq,. New York, on the 14th day of December 2010 a Local Law to amend Chapter 83 of the Town Code o£ the Town of Southold entitled ~ to comply with new State regulations regarding the linen~inS of D~ Identification tag 1.The ToWn Clerk Shah assima a T°wq dogs RESOLVED that the Town Board of the Town of Southold will hold a pub- Itc heating on the.foHowing Local Law at the Southold Town Hall, 53095 Main Road, Southold, NeW York, on the ~ at which lows.' real , · RUN A~I~ ~.AR~1~ - means to be i6 a ~r °°~s a been vaeeirmt~d a~inst rabies or a number shall be affixed to the collar of · iatement fTom' a liGensed veterina~nn any dom other than the one to which the that such vacalnation would endanoer number has been assigned. · dbms ~1 T~e consoicuouslv mnrke4 Clerk. a do~ I~ shall ~ i~ued ~d a d~. ~e new o~er ~U immediately d~ ~. a~lv m~ke a~ti0n fo~ a'ii~ for of ~e d~. ta~ previoUSl~ issued shall oav the sl~m of $3.00 dollars to the Town Clerk $0r a Any ~rson c~nvieted of a violation of this Artiela shall be liable for a eiviJ oenaltv of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subseouent violation. LL/DOG LICENSES SUMMARY READ FIRST WHEREAS AND RESOLVED THEN: THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING INCORPORATES STATE MANDATED ANIMAL LICENSING REQUIREMENTS WITHIN ARTICLE III OF CHAPTER 83 OF THE TOWN CODE, TO PROVIDE A MECHANISM FOR THE ISSUANCE OF DOG LICENSES BY THE TOWN CLERK TO CONTROL AND PROTECT THE TOWN'S DOG POPULATION AS NOW REQUIRED BY STATE LAW. THE TITLE OF ARTICLE Ill IS CHANGED TO "DOG LICENSING AND IDENTIFICATION." SECTION 83-18 DEFINES VARIOUS TERMS THAT ARE NECESSARY IN DOG LICENSING AND IDENTIFICATION. SECTION 83-19 SETS FORTH THE GENERAL LICENSING REQUIREMENT FOR ALL PERSONS OWNING OR POSSESSING A DOG WITHIN THE TOWN THAT ARE FOUR (4) MONTHS OF AGE OR OLDER AND AUTHORIZES THE TOWN CLERK TO ISSUE SUCH LICENSES. SECTION 83-20 REQUIRES ALL ANIMAL SHELTERS TO SEND ADOPTIVE DOG OWNERS TO THE TOWN CLERK TO OBTAIN A DOG LICENSE. SECTION 83-21 PROVIDES THAT ALL APPLICATIONS FOR A DOG LICENSE REQUIRE PROOF THAT THE DOG HAS RECEIVED A RABIES VACCINATION OR A LETTER FROM A VETERINARIAN THAT OBTAINING SUCH A VACCINATION WOULD ENDANGER THE DOG'S LIFE. SECTION 83-22 SETS FORTH A ONE-YEAR TERM FOR LICENSES. SECTION 83-23 SETS FORTH THE FEES AND EXEMPTIONS FROM FEES. SECTION 83-24 DESCRIBES THE RULES FOR THE ISSUANCE, TRANSFER, REPLACEMENT AND DISPLAY OF DOG LICENSES AND OF IDENTIFICATION TAGS AND RECORDKEEPING REQUIREMENTS BY THE TOWN CLERK. SECTION 83-25 SETS FORTH CIVIL PENALTIES FOR VIOLATIONS WHICH INCLUDE FINES SET AT $10.00 FOR A FIRST VIOLATION, $20.00 FOR A SECOND VIOLATION AND $30.00 FOR EACH SUBSEQUENT VIOLATION. THE FULL TEXT OF THE PROPOSED LOCAL LAW HAS BEEN AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. Carole A. Geiss 2155 Long Creek Ddve Southold, New York 11971-5313 (631) 765-3255 E-mail: cafC~,optonline, net RECEIVED JAN 3 2011 Southold Town Clerk January 3, 2011 Supervisor Scott Russell and Members of the Town Board Town Hall Main Road Southold, New York 11971 Dear Supervisor Russell and Members of the Town Board: Happy New Year! May 2011 bring good health and prespedty to you and those you hold dear. At your December 14th, 2010 work session, you discussed the change in the law regarding dog licensing. You, Scott, suggested that maybe now the Town would have to hire a DCO. I wasn't sure if you said that in jest, or if you were serious. If you were serious, there are a number of us out here, as I discovered over the holidays, who would applaud your decision. By hiring at least one full-time and one part-time DCO, our Town would have the opportunity to finally provide legal dog control as per the Ag. and Mkts. Article 7, and be able to keep track of seized dogs, dogs "owned" by the Town once they enter the shelter. At the same time, the Town could set up a public-private relationship with a not-for-profit, as has been done successfully in the City of Glen Cove, with the Animal Lovers' League (ALL), and in Southampton, with the Southampton Animal Shelter Foundation (SASF). None of the aforementioned not-for-profits has personnel qualified or authorized to seize dogs running at large, or to investigate complaints of abuse and/or neglect. The only such organization is the independent SCSPCA, a not-for-profit that is qualified through recognition by the ASPCA and New York State Not-for-Profit Law. As I've said before, up to this point, there are still many taxpayers who are unaware that NFAWL does not own our shelter, and who do not understand the relationship between the Town and NFAWL. I understand, also, that you will be considering bidding out the new shelter-operation contract. I am including a short list of possible addressees for RFPs. It would be beneficial for the Town to have information about these organizations for the future as well. They are: Suffolk County Society for the Prevention of Cruelty to Animals, Inc. (SCSPCA) Contact: Stephen Laton Chief of Operations 363 Route 111, Smithtown NY, 11787 (631) 382-7722 (phone), (631) 382-4042 (fax) Responsible Solutions for Valued Pets, Inc. (RSVP) This organization, incorporated in 1996, consists of a group of volunteers who originally began work with the Riverhead Shelter, and provides animal rescue services for the East End. Contact: Linda Mosce (631) 728-3524 www.rsvpinc.or,q KENT Animal Shelter, Inc. KENT Animal Shelter, Inc., is a well-known provider of animal rescue services. It has an extensive board of directors, including Dr. Chades Timpone of the Mattituck-Laurel Animal Hospital. Contact: Pamela Green, Executive Director 2259 River Road Calverton, NY (631) 727-5731 (Tel.), 631-727-5515 (Fax) Southold Raynor Animal Shelter Foundation And, we should not forget our own local foundation. Perhaps Cathy would like to continue the work that Ken had begun and was so proud of before his untimely death. There is no doubt that she would be able to garner a large group of volunteers to help run our shelter. Contact: Catherine Morrelly 1735 Long Creek Ddve Southold, NY 11971 (631) 765-3304 I have also included 4 documents for your perusal, and highlighted important points and issues. The first document is A Sample Animal Shelter Evaluation Form. There are also some questions that you might want to have answers to: 1. Who authorizes euthanization of the Town's seized animals?... I have learned that some municipalities require their Town attorneys' authorizations. Who does that procedure? And where? If you Google the NFAWL 2010 Spdng Newsletter, you will find that Dr. Buffy Hartmann provides pro bono services to NFAWL and uses the new shelter operating room. Pro bono for our animals? Only NFAWL's animals? Both? How do we know?. 2. What veterinary fees are referred to in NFAWL's quarterly financial reports? Why are they not detailed? 3. How are Town animals distinguished from NFAWL animals (those rescued from other shelters, other towns)? The second document, the requirements for ANIMAL CONTROL OFFICER is self- explanatory. A third document is a copy of a DL-18 that is used to record the history of a dog from the time it enters the shelter until it leaves the shelter. Ag. and Mkts. and other humane societies declare that complete and accurate records are essential for the responsible, efficient, and legal operation of an animal shelter. As you can see, NFAWL does not keep very good records, and Dr. Gray of Ag. and Mkts. agrees! And, this is only one example of the many poorly completed documents among the dozens that I have obtained from the Town Clerk's office. Do you have a list of the people who care for the Town's animals? The fourth document is a copy of a mailing that NFAWL did at the end of 2010. Since NFAWL no longer provides monthly shelter statistics reports, you can get some idea of how many animals pass through the doors of the shelter, and of the amount of time NFAWL spends doing things other than the claimed dog control, and daily operation of the shelter. What about dog-walking, dog-, staff- and volunteer-training programs? How many volunteers? Again, thanks for coming this far with me. Respectfully, Carole A. Geiss Encl.: Animal Shelter Evaluation Form; Animal Control Officer I specs; DL-18; NFAWL thank you letter Cc: Elizabeth Neville, Town Clerk; Martin Finnegan, Town Attorney SAMPLE ANIMAL SHELTER EVALUATION FORM L ADULT DOG HOUSING AND CARE · {,~vat~, nou,ucol{c C PUPPY HOUSING AND CARE D. CAT HOUSING AND CARE Total numbe~ of cats L SHELTER PQLICJES AND SERVICES ANIMAL CONTROL OFFICER I Page I of 1 ANIMAL CONTROL OFFICER DISTINGUISHING FEATURES OF THE CLASS An employee in this class is responsible for enforcing ordinances and regulations pertaining to dogs and other animals. Employees patrol assigned areas and answer complaints regarding dogs, cats, raccoons and other straying domestic and wild animals. Work involves some personal danger and employees must be able to act without direct supervision and to exercise discretion in meeting emergencies. Work is reviewed by an administrative supedor through oral and written reports. Does related work as required. TYPICAL WORK ACTIVITIES Enforces ordinances and regulations pertaining to dogs and other animals and issues summonses or wamings to owners for violations; Participates in the recovery of straying wild animals which may constitute a public hazard; May use a tranquilizer gun or other restraining devices in the capture of animals; Investigates complaints regarding stray animals and animal bites; Picks up animals and destroys them or endeavors to find homes for them when appropriate; May operate a truck or patrol wagon. FULL PERFORMANCE KNOWLEDGES~_S.~_II~S~ ABILITIES AND PERSONAL CHARACTERISTICS Good knowledge of the local ordinances pertaining to the keeping of dogs and other animals; some knowledge of the care and feeding of common domesticated and wild animals; some knowledge of common animal diseases; ability to dispose of sick and unclaimed animals in a humane manner; ability to establish and maintain effective working relationships with the general public; ability to act quickly and calmly in emergencies; physical condition commensurate with the demands of the position. MINIMUM QUALIFICATIONS OPEN COMPETITIVE Graduation from a standard senior high school or possession of a high school equivalency diploma, and one (1) year of paid or volunteer experience in the care and handling of animals in a business or institutional setting. NECESSARY SPECIAL REQUIREMENT At the time of appointment, candidates must be at least 18 years of age and must possess a valid New York State ddver's license. The driver's license must be maintained throughout employment in this title. R10/27/04 SUFFOLK COUNTY Competitive http://www, suffolkcountyny.gov/civilservice/specs/5414spe.html 12/7/2010 DL-I 8(Rev 9/08) blew York State Department of Ag~culture and Mnrket~ Division of Animal lndust~, Dog Licensing Unit 10B Airline Drive, Alhany, NY 12235 DOG SEIZURE ~ DISPOSITION REPORT DIm'l~,~im~: O~,,,,I - ~ 0~, Copy m - M~ic-i~li~, ~ 2 - ~te,-, ~ Copy - Owner/Ado~,,x 1. City/Town/Village: ¢%OJ[k,~[ Descripfien of Dog Seize~.~i~en~e Tag I~o~ Sex: ~'~'~ ) Color. ~ Date of Seizum:~ Thne of Seizure: Reason fotSeiznse: '~k~ ~.- ' ,NY No. of lmpoundmenis in past 12 mos. (include this ene~l~ 2. Disp~ition ~ ffDog Not Redeemed At expimtien of th~ d~ tedomption poriod, f~bove described dog is available for adoption an .(date). If not adopted by (date), th¢~g ~ be humanely euthanized. 3, $iglature of DCO or ~e'izing Officer ~ .... '~;' Dale: 4. I hetuby aclmowledg~ receipt of above deacfibed dog (Siguatoves re~ired EMI~ION- lmpoundm~t Fees Mns~ ~e Collected =Ed D~ Must Have V~id License Before Bein{ Returned to Owner. Impoundment feea ate du~ for days. Impoundment fees have ~ received in the amount of $ _~/_~ . I hereby ce.ify that this/ dog has been licensed punment to the provisions of A~icle 7 of the Agticultu~ a~l ~orkets Law. Out of State Lior~e Tag Number Of applicable) ~ .~------_~__ ~ 'A. Iacknowledgerece/ptofabovedescribeddog: Da~Cl[~..r[,. SignatureofOwnet Print Name. Addx~ nnd Phone # of ~ ' ~,/ - I herchy certify that ~e dog has been~licensed pursuant to th~ provisions of Article 7 of the Agricultu~ a~a~e~ 1~. License tag numb~ Adoption fees have been n~eived in the nmormt of $ ~6A. Signatore and Title of DCO/Cleflr/Shelte~ Agent ~Adovfioo Re~, Waiver and Dhclo~ure I hereby accept possession and title of the dog iden~fied above to be haVoored as a pe~ at my own r/sk, and hereby release and wa/ye any rig, hr against the (mm~paii~y) which I may have now o~ in the foto~ for any dam~ns person or propeW] caused hy said dog. No ch/ms or representations as to the behav/or or temper~nent of ~dopted ~n/mals are made by the men/cipaliiy. 6K Signatme of Adopter Date Print Name, Addre~ and Phone # of Adopter Si~nota~ of Wimess 7. [] EUTHANASIA- M#~t Be Perfarmed ia Aeenrd~ce with AVMA ~uhidi~es o~ Eu~ha~m~in ~md Article 26 of/he NY$ A~rk~l~r~ ~md M~k~t~ L~w ~igllaB~ ofp~rserl per~in~ euthanasia Date of enthana~ia NORTH FORK ANIMAL WELFARE LEAGUE EO. Box 297, Southold, NY 11971 631.765.1811 November 24, 2010 Dear Friends, Happy Holidays from the North Fork Animal Welfare League! As we approach the season of gratitiude and giving, the League is incredibly thankful for all of you, our dedicated supporters. It is only through your continued generosity and work that we were able to accomplish the following in 2010. Thanks to you and the Town of Southold, our first truly warm and wonderful winter was spent in the new shelter with each and every animal cuddled up in a blanket that you donated. Thartks to you almost 200 dogs, cats, kittens, and puppies have found loving new adoptive homes: including Sheba, Petunia, Be[la, Sunflower, Stan and Fran, Pippen, Tinsel, Tee, Susie, Champ, Superstar and the bunnies, all featured on our 2009 holiday letter. Thanks to you 122 lost companion animals have been returned to their very grateful families. Thanks to you, through our Feral Feeding Assistance Team program (FFAT CAT) and our tireless colony caretakers, the League subsidizes the feeding of over 300 feral cats every day. The League also insures that these colonies remain stable by spaying and neutering any newcomers. Thanks to you the League's Pood Pantry provided pet food for over one hundred families that may otherwise have had to surrender their four legged loved ones. The League works closely with Community Action Southold Town (CAST) and the Loaves and Fishes project for distribution. Thanks to you over 320 dogs and cats have been spayed or neutered, resulting in thousands of fewer homeless animals. This year the NFAWL established a new program that alters pitbulls for free. Thanks to you and our wonderful local veterinarians, the League was able to provide over 160 animals with necessary medical care that would otherwise not have been possible. Their generosity is greatly appreciated. Thanks to you the North Fork Animal Welfare League was voted Platinum "Best of the Best" Animal Adoption Agency by the readers of Dan's Papers. Thanks to you the League, for the 20th year in a row, received a 100% satisfactory annual inspection by New York State Agriculture and Markets. Without you none of this could have been accomplished. Your gift this holiday season will enable the League to continue to provide the highest quality care, comfort, shelter, and love to the homeless and needy animals in our community. Please remember our best friends and companions that others have forgotten. We hope that your heart and home will be fi[led with peace, hope, joy, health and happiness now and throughout the New Year. Gillian Wood Pultz, Executive Director/NFAWL Susie firing for you STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the /~ day of ~,~ ,2010, she affixed a notice of which the annexed primed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Animals (dog licensing) Swocr~before me this ~ day of (,~exoct¢ot , 201{). Notary Publ c~ BONNI£ I. DOROSKI Notary Public, State Of NewYo~ No. 01DO6f195328, Suffolk Coun~ lerm Expires July ?, 20 L [ . Linda J. ~oooper Deputy Town Clerk Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.oom] Sent: Wednesday, December 15, 2010 1:36 PM To: Cooper, Linda Subject: RE: Animal 1-4-11 Hi Linda, I have received the notice and we are good to go, Thanks! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.n¥.us] ~nt: Wednesday, December 15, 2010 11:35 AN To: Suffolk Times Legals Subject: Animal 1-4-11 Please confirm receipt of this Legal Notioe of Publio Hearing to be published in the 12/23 edition of the Suffolk Times. Thank you. Icoop 12/15/2010 LEGAL NOTICE Notice of Public Hearing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals". to comply with new State regulations regarding the licensing of dogs RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January. ~ 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Animals" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "Animals" to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog ............ L~cens~ng and Identification §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of(Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensin~ and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - 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. OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. 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 (4) 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 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. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. Proof of Vaccination aRainst Rabies. Each license application shall be accompanied by proo£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. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage 1. Each individual dog license for a spayed or neutered dog shall be subiect to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspaved or urmentered dog shall be subiect to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. C. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subiect to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. Replacement Tag Fee A replacement tag tee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. Fee Exemptions There shall be no fee for any license issued for the following: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 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", as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereofi 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 owner. C. 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 that 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 ten 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 ten 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. D. 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. 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. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law 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 Local Law, null and void. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: December 14, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON December 23, 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Town Board Members Accounting Dept. Town Attorney RESOLUTION 2010-1007 ADOPTED DOC ID: 6474 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-1007 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" to comply with new State regulations regarding the licensing of dogs. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. LOCAL LAW NO. 2011 A Local Law entitled, "Animals" to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog [fieease-F~Licensing and Identification §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. Resolution 2010-1007 Board Meeting of December 14, 2010 For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - 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. OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. 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 (4) 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 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. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 2 Resolution 2010-1007 Board Meeting of December 14, 2010 §83-21. 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. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law 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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage 1. Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutered dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. C. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. Fee Exemptions 1. There shall be no fee for any license issued for the following: guide dog, hearint, dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 3 Resolution 2010-1007 Board Meeting of December 14, 2010 2. 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", as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. 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 owner. C. 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 that 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 ten 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 ten 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. D. 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. 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. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 4 Resolution 2010-1007 Board Meeting of December 14, 2010 Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law 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 Local Law, null and void. A II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Krupski Jr., Evans, Russell Updated: 12/14/2010 10:21 AM by Lynne Krauza Page 5