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Home My WebLink AboutDCO Shelter Manual 2009DOG CONTROL OFFICER AND SHELTER MANUAL New York State Department of Agriculture and Markets Division of Animal Industry 10B Airline Drive Albany, New York 12235 www.a.qmkt.state.ny, us David A. Patemon, Governor Patrick Hooker, Commissioner John P. Huntley,. DVM, MPH, Director January 2009 CONTENTS Section 1 - Dog Control Officer ARTICLE 7 AND THE DCO PAGE# 2-?? · Dog Control Officers · Dog Licensing · Enumeration · Pounds and Shelters · Mandatory Seizure · Violations Disposition of Fines · Dangerous Dogs · Other Sections Pertaining to Dogs · Other Laws Pertaining to Animals · Dog Capture and Restraint · Rabies Section 2 - Municipal Shelter THE MUNICIPAL DOG SHELTER 23-33 · NYS Municipal Dog Shelter Requirement · Care of Seized Dogs · Records · Shelters Issuing Licenses · Public Relations · Additional Information and Training ANIMAL POPULATION AND CONTROL PROGRAM 34-3,~ SUPPLY COMPANIES 36 Section 3 - Forms DL-18 Dog Seizure and Disposition Report DL-39 Order to Seize Dog Dangerous Dog Forms: - DL--41 Dangerous Dog Complaint - DL-42 Notice of Hearing - DL-43 Dangerous Dog Disposition Order DL-87 Municipal SheltedDCO Record APC-7 Unredeemed Spay/Neuter Deposits Record DL-23 Supply Request Form 37 SECTION 1 DOG CONTROL OFFICER 2 DISCLAIMER The DCO and Shelter Manual includes summaries of Article 7 and some other laws and regulations relative to municipal dog control and shelter services. This manual is not meant to replace written laws but is simply a guide to their enforcement. Consult the municipal attorney for further assistance. Laws of New York State may be viewed at www.senate.state.ny.us. ARTICLE 7 AND THE DCO DOG CONTROL OFFICERS - Section 114 Each town or city in which dog licenses are issued shall appoint and any county may appoint one or more dog control officers to enforce Article 7 of the Agriculture and Markets Law (AML) and to control dogs within the municipality. Article 7 relates to licensing, identification and control of dogs. Villages that issue dog licenses may appoint their own dog control officer to enforce Article 7 and any village ordinances. A village may also contract with the municipal DCO to enforce village laws relating to dogs. Otherwise, the municipality is responsible for enforcing Article 7 within any village located in that municipality. In lieu of or Jn addition to appointment of a dog control officer the same municipalities may CONTRACT with any duly incorporated humane society or similar dog protective association. Another option is to appoint one or more dog control officers mutually with one or more other municipalities. NOTE: When thero is any change in DCO or shelter services the licensing municipality must notify the Department of Agriculture and Markets, Companion Animal Unit, in writing, within thirty (30) days (Section 78.2 of Title 1, The Official Compilation of Codes, Rules & Regulations of the State of New York or OCCRR of NYS). · Residents should also be kept informed of these services in order to locate a lost dog or to report any dog related violations in the municipality. If a DCO is called to another municipality to provide service in an emergency or when that municipality's DCO is unavailable authorization should be obtained from both municipalities involved. If this occurs on a regular basis coverage should be by written agreement. Every dog control officer shall make, file and maintain a complete record of any seizure and subsequent disposition of any dog they have seized. The Dog Seizure and Disposition Report (DL-18) is used to satisfy this requirement. Additional responsibilities may be delegated by the municipality: · Maintain a record of phone calls, expenses, hours worked, mileage, and equipment used · Issue and validate dog licenses or renewals under the supervision and control of the licensing agent · Manage the municipal shelter, collect impoundment and adoption fees, release seized dogs · Update the monthly license renewal list It is important for the DCO to know the extent of their jurisdiction. A written job description with a list of required duties should accompany the appointment. A dog dealer shall neither be appointed as a dog control officer by a municipality nor provide dog control officer services pursuant to a contract between a municipality and an incorporated humane society or similar incorporated dog protective association. For the purposes of this section the term "dog 3 dealer" shall mean any persons who buy, sell, lease or otherwise deal in dogs as a business enterprise (Section 77.5, OCCRR of NYS). Generally, when dog ownership changes hands it is considered dealing. Boarding or grooming is not considered a dealer activity. The DCO records, equipment and transport vehicle are subject to inspection by NYS Department of Agriculture and Markets. DOG LICENSING - Section 109 The owner of any dog reaching the age of four months shall immediately make application for a dog license to the clerk of the town or city in which the dog is harbored.* Village clerks may be approved to issue licenses by board resolution and Commissioner's approval. * Exemptions: · Dog under four months of age on the owner's premise and/or not running at large · Dog owned by a resident of any city with over two million residents (New York City) or non resident of New York State, licensed according to the law of the area of residence and harbored in New York State for less than thirty (30) days · Dog confined to the premises of any public or private hospital, research institution or a Class "A" Dealer with a certificate of exemption from the Commissioner NOTE: Shelters, animal rescues and foster homes are not exempt from the dog licensing law. To apply for a license, the owner must present to the clerk: · PROOF OF RABIES VACCINATION or a LETTER OF EXEMPTION stating that the dog's life would be endangered by the vaccine. A licensed veterinarian must certify these statements. The licensing clerk must file a record of the statement with a copy of the license (Article 7, Section 109.3). > Rabies vaccination must still be valid at the beginning of the new license year. > Dogs that are exempt from a rabies vaccination must have a new letter of exemption from the vet every year. · SPAY/NEUTER CERTIFICATE from a licensed veterinarian or an affidavit (DL- 33) from the owner to verify that the dog has been altered; unless this proof is already on file with the clerk. · If a certificate is not presented and there is no veterinarian statement exempting the animal from the surgery for health reasons, the applicant must pay an extra $3.00/yr for the NYS Animal Population Control Program (APCP) for each dog over four months of age. · PROOF OF REGISTRY of each breed for PUREBRED LICENSE applicants. See town clerk for the list of eligible registries. A purebred license is not a "kennel" license. Licensing municipalities may adopt a resolution to issue multiple year licenses. In order to post multi year licenses, the board resolution must be on file with the Department. Owners may then choose one, two or three year licensing for their pet with coinciding increase in fee. However, no refund will be issued if there is a change in the dog's status or can retroactive reimbursement be sought for a change in license fee. The rabies certificate must be valid for at least 30 days into the last year of the license. The online Dog License Database is available to municipal licensing clerks. It is used to enter, renew, modify or search dog licenses and to file monthly reports with the Department. A user name and password is required to access the system. 4 The DCO and the shelter can also receive a user name and password but will be limited to searching for licenses and printing population lists for dogs in their municipality. There is no limit to the number of users in the municipality, but the licensing clerk is responsible for all municipal employees with access to the DL Database. The clerk must notify the department when a user terminates employment. License Renewal Renewar applications are mailed by the Department to the owner of record. Completed application and fees must be remitted to the municipality where the dog is harbored before the expiration date. If the dog is deceased or is no longer harbored by the owner of record, the owner must record the status change on their copy of the license and notify the town clerk. The clerk then forwards the status change information to the dog licensing database or on a DL-131 form submitted to the Companion Animal Unit. This will update the Department of Agriculture and Markets dog license file. If the dog is still harbored by the owner and the license has not been renewed, the DCO must institute an action as required by Article 7, Section 119.2. A Supply Request for Dog License and Dog Control Forms (DL-23) is used to order materials provided by the Department. This form along with various other forms used by municipalities and DCO's can also be found on the Department's DL Database. LICENSE FEES - Section 110 $ State: · SPAYED AND NEUTERED DOGS: $2.50/yr · UNSPAYED OR UNNEUTERED DOGS: $7.50/yr · GUIDE, HEARING, SERVICE, WAR, WORKING SEARCH, DETECTION, POLICE WORK, OR THERApy DOGS: NO fee · PUREBRED LICENSE: · Up to 10 dogs: $25.00/yr · 10-25 dogs: $50.00/yr · More than 25 dogs: $100/yr $ Animal Population Control Program: · UN SPAYED AND UN NEUTERED DOGS: $3.001yr for each dog over four months of age. $ Local: - May only be collected if set by local law or ordinance · Up to $10.001yr more than state fee (up to $25.001yr more for purebred licenses) · Fee for unspayed or unneutered dogs must be at least $5.00/yr more than for altered dogs. · Dog owners age 65 and over may be exempted from the local fee if a resolution has been passed by the municipality, A refund will not be issued for any license after being validated by the issuing agent. $ Enumeration: · $5.00 per unlicensed dog discovered during enumeration DISPOSITION OF LICENSE FEES -Section 111 The state license fee is divided up among the collecting municipality, the county and the state. It shall be used only for controlling dogs, enforcing Article 7 and any local laws including subsidizing the 5 spaying and neutering of dogs and any facility used as authorized under Section 117 of Article 7, and for subsidizing public humane education programs in responsible dog ownership. · Funds paid to the county may be used to pay for dog damage claims as set forth in Section 125. · Out of the State's share, a 10¢ fee for each license issued annually is remitted to the NYS College of Veterinary Medicine at Cornell to conduct studies into diseases of dogs, to search for and study viruses that affect man and animals, or to study and develop a contraceptive for dogs. IDENTIFICATION OF DOGS -Section 112 Each dog is assigned a permanent official identification (ID) number. The iD number cannot be used for any dog other than the one it was originally assigned to regardless of change in ownership. The official ID number must be carried on an iD tag (prescribed by the commissioner) which is affixed to the dog's collar at all times except while it is participating in a dog show. At the time a dog is first licensed one official ID tag is issued at no cost. A replacement tag must be obtained by the owner at their expense. See the licensing clerk for details. CHANGE OF OWNERSHIP; LOST OR STOLEN DOG - Section 113 For any dog which has been assigned an official identification (license) number the owner of record must notify the Commissioner within ten (10) days* of the following changes: · Dog is lost or stolen (return ID tag if available) · Change of address (owner of record) · Transfer of ownership · Dog is deceased (*report before or on receipt of renewal) If moving to another municipality with the dog, the owner should notify both the original licensing agent and the agent (clerk) in the new municipality, Upon transfer of ownership of a dog the new owner must immediately apply for a license as per Section 109. Although dog licenses are not transferable from one owner to the next, the owner of record will indicate transfer of ownership on the back of the license form (DL-2) and gives it to the new owner. The license number will not change. The new owner pays the license fee and gets a full year from the date the new owner license is issued. If the changes are sent through the issuing clerk the owner should obtain a receipt of such notification. The owner of record shall be liable for any violations of Article 7 until filing a change of information or until the dog is licensed in the name the new owner. ENUMERATION - Section 114.7 Any municipality in which licenses are issued may require its DCO or other authorized agent to ascertain and list all of the persons owning or harboring dogs in that municipality. The municipality may also contract out for these services. An enumeration reminds dog owners of the licensing requirement in the municipality. Before an enumeration is conducted, the public should be notified in the local newspaper or by postings throughout the community. This may prompt owners to obtain or renew their license before the "dog census" takes place. Any person applying for a dog or purebred license for each unlicensed dog discovered during an enumeration shall pay an extra fee of five dollars. This fee becomes the property of the licensing 6 municipality and shall be used to pay expenses for conducting the enumeration. Excess may be used for any other lawful purpose. (Section 110.4 id]) Payment for enumeration services generally includes a fee per dog plus mileage. Supplies and Reference Materials · Personal identification · License renewal and population lists · 911 address list · License applications (DL-1) if DCO authorized to issue · Notices for owner not at home and discovery of unlicensed dog "Love me, License me" brochures · Town clerk office hours · Schedule of fees and fines Information on state and local dog laws The most effective way to conduct an enumeration is in person. It can be done over a specified time period or on a continual basis. If the DCO is conducting the enumeration, he/she may obtain the authority to issue licenses by municipal resolution, under the direction and authority of the licensing clerk. The DCO should first check with the clerk or the Online Dog License System for an update of owners who have renewed or changed status since the population list was printed. If the license has been renewed a line is drawn through the ID number. The DCO should use the following codes to update the list: D - Dog is deceased (died) G - Owner and Dog moved out of TCV (town, city or village) A - Owner address change (include new TCV if known) M - Dog ran away, is missing or lost. Owner will still get a renewal Q - Relinquished. Owner has given dog away K - Cancel license (duplicate, moved out of state or added to purebred license) The DCO shall issue a notice of violation when a person is discovered to be harboring an unlicensed dog, followed by an appearance ticket or summons if the dog owner fails to comply. A final report must be submitted to the municipal board. The following Doq Enumeration Sheet may be used if the municipality does not have their own form --> 7 DOG ENUMERATION WORKSHEET DATE TOWN/CITY/VILLAGE CODE PAGE OF SPAY/ DOG ID # OWNER NAME AND PHONE # MAILING ADDRESS BREED SEX NEUTER POUNDS AND SHELTERS - Section 115 Each licensing municipality shall provide a pound or shelter for all seized dogs. In lieu of maintaining its own shelter, a municipality may provide shelter services by contract with another municipality, an incorporated humane society or a similar dog protective association. See Section 2 for more information. MUNICIPAL RESPONSIBILITY FOR SEIZED DOGS - The municipality is responsible for the dog from the time it is seized by the DCO or other authorized agent until the final disposition (redemption, adoption or euthanasia). Dogs must have proper care, shelter, feed and water. All dogs must be held for the appropriate redemption period and released according to law. The DCO must supervise the impoundment until final disposition. The required fee collection and recordkeeping is under direction of the seizing municipality. The municipality cannot relinquish responsibility for a seized dog to any person or organization including shelters, veterinary practices, animal rescue groups, foster homes, etc. Until the dog is licensed or euthanized the municipality maintains control over the dog. The shelter never assumes ownership of any seized dogs. VETERINARY CARE - Any seized dog suffering from illness or injury must receive prompt treatment by a licensed veterinarian. The municipality should have an agreement with a licensed veterinarian to offer these services when needed. Treatments such as orthopedic surgery may be postponed until the end of the redemption period as long as the dog is maintained in a state of comfort. If recommended by the veterinarian, in writing, an unidentified seized-dog may be humanely euthanized without delay to eliminate any suffering. For an injured or sick identified dog an attempt should be made to notify the owner of record before the animal is put down. Payment of veterinary expenses is the responsibility of the seizing municipality. The municipality, not the veterinarian, must attempt to reclaim the fees from the dog owner. MANDATORY SEIZURE - Section 118 Any DCO, peace officer, acting pursuant to special duties, or police officer in the employ of or under contract to a munioipality SHALL seize: · Any dog which is not identified and which is not on the owner's premises · Any dog which is not licensed whether on or off the owner's premises · Any licensed dog not in control of or not on the premises of the dog's owner or custodian if there is probable cause to believe the dog is a dangerous dog · Any dog which poses an immediate threat to public safety · Promptly upon seizure the DCO shall immediately commence a dangerous dog proceeding as set forth in Section 121.2 NOTE: Seizure of personal property, dogs included, is subject to the U.S. Constitution, Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." 9 When you are faced with a dog owner who denies access to their premises for the purpose of seizing a dog, you must retreat and consult your local law enforcement agency or district attorney's office to determine whether obtaining a search warrant from the judge or justice is necessary. This would include situations in which no one is present on the premises. DOG SEIZURE AND DISPOSITION REPORT - DL-18 The DL-18 form was designed to satisfy the records requirements of Article 7, Section 114.5. Instructions are on the back of the form. The DL-18 shall be retained for three (3) years and must be available for inspection upon request of the Department. Every DCO, peace officer, when acting pursuant to his special duties or police officer shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog; description of the dog, the date and hour of seizure, the official identification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known. Include as much information as possible to describe the dog, i.e. breed(s), colors, microchip #, sex (spayed or neutered?). A unique Report Ct for each dog seized must be written on the line at the top right corner of the DL-18. This number is assigned by the municipality, the DCO, and/or the shelter. To accurately assess the impoundment fee, record the number of impoundments in the past 12 months. Impoundments are counted against the owner not the dog. The seizing officer must indicate the intended disposition of the dog following the appropriate redemption period. Euthanasia may be requested for a vicious or unadoptable dog. Also, a time limit may be imposed for adoption if the municipal budget is limited on boarding fees incurred beyond the redemption period. The euthanasia section must be signed by the authorized person who performed the euthanasia and must include the date of euthanasia. The final disposition sections must be completed and a copy maintained by the DCO, the shelter(s) and the municipal fiscal officer. A copy must also be given to the owner, adopter, or the facility that performed euthanasia, if the shelter completes the DL-18, this record must be provided to the DCO and the municipality, by mail, fax or in person on a regular basis. DISPOSITION OF SEIZED DOGS There are only three possible dispositions of a seized dog: REDEMPTION, ADOPTION or EUTHANASIA. Disposition is under the direction of the DCO and must follow the requirements set forth in Article 7 and Article 26 NOTE: Requirements for release of a dog must be followed whether the dog is held by the seizing officer, impounded at the shelter or is receiving treatment at a veterinary facility. REDEMPTION - Owner of a seized dog claims the dog. Before the dog is released, all redemption requirements must be met as follows: 'J) LICENSE and IDENTIFICATION Regardless of the age of the dog, the owner must: a) Present proof of valid dog license and identification tag or b) Apply to the municipality where dog is harbored for license or renewal or c) Apply for a license or renewal at the shelter, if shelter is authorized to issue licenses. 10 NOTE: To avoid duplication a new license must not be issued if the dog has already been issued a license ID number in the past. To renew the license, the owner must provide the original dog license ID number, current rabies vaccination certificate and address where the dog is harbored. The issuing agent will refer to the TCV list in order to report the correct code on the application. This will ensure that the license number appears on the annual renewal list for the municipality where the dog is harbored after it is released from impoundment. 2) IMPOUNDMENT FEES- Article 7, Section 118,4 The owner must'pay the following fees to the clerk of the seizing municipality, the DCO, if so authorized, or the municipal shelter, if so stated in the contract*: a) First impoundment of any dog owned by that person - $10.00 b) Second impoundment of any dog owned by that person - $20.00 plus $3.00 each day after day one c) Third and any subsequent impoundment of any dog owned by that person - $30.00 plus $3.00 each day after day one NOTE: One year must )ass with no dogs impounded before an owner can again be charged with a first impoundment fee. * There are no provisions in Article 7 to allow the municipal shelter to charge the owner any additional fees such as boarding or veterinary fees. Such fees would be paid by the seizing municipality to the shelter and may be recovered by the municipality via impoundment fees. The municipality may set the impoundment fee in any amount by local law or ordinance. (Section 118.4) Ali impoundment fees shall be used only for controlling dogs and enforcing Article 7 and any local laws, including subsidizing both the spaying and neutering of dogs and any facility established by the municipality to alter dogs and cats owned by residents of the municipality and subsidizing public humane education programs in responsible dog ownership. (Section 118.5) Redemption Period - Article 7, Section 118 The seizing municipality must hold the dog for a specific time period to give the owner a chance to locate the dog and the impoundment facility or shelter. The redemption period is the required number of days that the dog must be held after the day it was seized by a DCO or other authorized agent only4 UNIDENTIFIED DOG (not wearing its NYS license identification tag): · Five (5) days The owner has until 12:00 midnight on the last day of the period to claim their dog. - For example, a dog seized on a Wednesday is available for adoption or euthanasia on the following Tuesday at 12:01am. NOTE: If the shelter, not the licensing agent, is closed on the last day of the redemption period, that day is not counted. - For example, if the shelter is closed on Monday, a dog seized on the previous Wednesday will not be available for adoption or euthanasia until the following Wednesday at 12:01 am. IDENTIFIED DOG (wearing its NYS license identification tag): Notification pemonally given - redemption period is seven (7) days after day of notice · Notification by mail - redemption period is nine (9) days after day of mailing - The seizing officer must notify the owner of record (person that licensed the dog last) of the seizure and the required redemption procedures. The "Notification of Seizure" is located on the bottom portion of the DL-18. 11 - Official notification must be done in person or by certified mail, return receipt requested. Phone calls are not considered official notification. The Department online licensing database can be used to obtain owner information on licensed dogs. Contact the municipal licensing clerk for details. The municipality may establish the duration of these redemption periods by local law or ordinance, provided that no such period shall be less than THREE (3) days, except that where notice is given to the owner by mail, no such periods shall be less than SEVEN (7) days. (Section 118.8) The owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period and the dog shall then be made available for adoption or euthanized. Failure to redeem the doq does not relieve the owner from violations of Article 7, Section 1 19. ADOPTION -An unredeemed seized dog may be adopted by a person 18 years of age or older for the limited purpose of harboring a pet. It cannot be 'turned over' to the shelter, a rescue, foster home, etc. Before a seized dog leaves any shelter all adoption requirements must be met as follows: 1 ) LICENSE In order to be legally adopted at the end of the redemption period, all impounded dogs, regardless of age, must be licensed prior to release from any shelter owned, under contract or leased by the municipality that seized the dog. (Section 118.7) If the adopting person intends to harbor the dog in New York City or out of state, they must show proof of licensing prior to taking the dog out of the shelter. The adopting person must: a) Purchase a license at the municipality where the dog will be harbored and bring license and ID tag to the shelter or b) Apply for a license at the clerk of the municipality where the shelter is located since the dog is presently harbored in that municipality at the time of adoption, or c) Apply for a license at the shelter, if so authorized No license will be issued without proof of current rabies vaccination. If the dog is under 12 weeks of age the issuing clerk must note on the license application that the dog is "too young" for vaccination. 2) ADOPTION FEE An adoption fee may be collected only if the municipality has set a fee by local law or ordinance. This fee may be used to cover expenses such as medical, spay/neuter, vaccinations and training to make the dog more adoptable. There is no adoption fee mandated in Article 7. 3) SPAYING OR NEUTERING AGREEMENT In accordance with Article 26 of the AML relating to Cruelty to Animals, Section 377-a., no animal shelter, pound, dog control officer, humane society, dog (or cat) protective association or duly incorporated society for the prevention of cruelty to animals shall release any dog (or cat) for adoption to any person unless prior thereto: a) The dog (or cat) has been spayed or neutered er b) The person intending to adopt the dog (or cat) shall have executed a written agreement with the animal shelter, etc. to have the dog (or cat) spayed or neutered within thirty days of the adoption date or of reaching six months of age and 12 i) The adopter shall deposit with the animal shelter, etc., no less than $35 which shall be deposited in the animal population control fund established pursuant to section ninety-seven-xx of the state finance law. It will be refunded upon proof of alteration within 90 days of adoption for a sexually mature animal or within 60 days of the dog (or cat) turning six months of age* or c) That because of old age or other health specific reasons a licensed veterinarian that examined the dog or cat certified that the procedure would endanger the animals' life. *All unredeemed deposits must be remitted (quarterly) to the APC voucher program. Use form APC-7 "Unredeemed Spay/Neuter Deposits Report". 4) Any ADDITIONAL CONDITIONS if set forth by local law (Section 118.7) EUTHANASIA - If the dog is not redeemed by the owner within the required impoundment period and it is not adopted it may be euthanized. Humane euthanasia must be carried out by methods currently approved by the AMERICAN VETERINARY MEDICAL ASSOCIATION GUIDELINES ON EUTHANASIA and by Article 26, Section 374 of the Ag & Mkts Law. '~.- VIOLATIONS - Section 119 It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in Section 119.1: · Owner to fail to license a dog · Owner to fail to have dog identified · Any person to affix improper ID tag to any dog · Owner or custodian to fail to confine, restrain or present a dog for any lawful purpose pursuant to Article 7 Any person to furnish false information on any required forms pursuant to Article 7 · Owner or custodian to fail to exercise due diligence in handling a dog if it causes harm to a guide dog, hearing dog or service dog ENFORCEMEN~PROSECUTION Any municipality may elect to prosecute such action as a violation under the penal (criminal) law or to commence an action to recover a civil penalty as set forth in Section 119.2. If the municipality does not make the choice, the dog control officer may prosecute pursuant to the penal (criminal) law or as an action to recover a civil penalty. In order that all citizens enjoy equal protection of the law, all cases must be prosecuted by the same procedure (criminal or civil). Laws are divided into sections, subdivisions and paragraphs that are the means by which violations are identified. Use these divisions to define the violation for the accused and the court. Example: · For any owner to fail to license any dog the offense would be listed as: "Violation of Article 7, Section 109, Subdivision 1, Paragraph (a.)" Violations leading to conviction will result in predetermined fines or civil penalties levied by an appropriate judge. Judges must report all monies collected as "Article 7 fines (or penalties)" The DCO should consult with municipal court officials to determine the proper procedures and forms that are required to commence a proceeding. The district attorney may also advise. 13 Forms involved with commencement of legal actions do not have their genesis in Article 7 of the AML, therefore; the Department of Agriculture and Markets has no statutory obligation to furnish such forms or offer advice on their usage. These forms may be obtained from legal supply companies and must be furnished by the municipality. DISPOSITION OF FINES- Section 120 All such fines or penalties shall be retained by the municipality to be used only for controlling dogs and enforcing Article 7 and for subsidizing both the spaying and neutering of dogs and public programs involving responsible dog ownership. · Allegations of expenditure of public money by municipalities contrary to Article 7 may be directed to the attention of the Office of the State Comptroller, 110 State St., Albany, NY 12236. (518)-474-4044 or at www.osc.state.ny.us DANGEROUS DOGS- Section 121 DEFINITION -Any dog which (a) without justification attacks a person, a companion animal, farm animal or domestic animal and causes physical injury or death, or (b) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (c) without justification attacks a service dog, guide dog, or hearing dog and causes physical injury or death. (Section 108.24) · Domestic animal is defined in Article 7, Section 108.7 · Farm animal is defined in Article 26 (Cruelty to Animals), Section 350.4 · Companion animal is defined in Article 26, Section 350.5 'Dangerous dog' does not include a police work dog while being used to assist law enforcement officers in the performance of their special duties. A municipality may adopt its own dangerous dog ordinance. It cannot replace or be less stringent than Article 7. It also cannot be breed specific. (Section 107.5) The DCO should discuss with the municipal attorney: · the procedure for handling dangerous dog cases before they occur · municipality's policy on the use of lethal force · seizure of a dog on the owner's property · consequences of inaction vs. imminent threat Some municipalities may not allow their DCO to carry a firearm but may instead rely on peace officers, acting pursuant to their special duties, or the police if the need arises. In a dangerous dog case, if a bite has occurred, the LOCAL PUBLIC HEALTH OFFICER must be notified immediately to evaluate the possibility of rabies exposure. The public health officer determines rabies vaccination status, human post exposure vaccination treatment, quarantines and/or rabies testing. Find out how to contact the public heath officer before a bite case occurs. PROCEDURES FOR COMMENCEMENT AND DETERMINATION The Complaint Any person or any adult acting on behalf of a minor may file a Dangerous Dog Complaint (DL-41) to a dog control officer or police officer of the appropriate municipality. If the officer has any reason to believe that the dog is a dangerous dog (as in a bite case) the officer shall file a complaint. 14 Any person witnessing an attack or threatened attack or any adult acting on behalf of a minor who witnessed an attack or threatened attack may and any dog control officer, peace officer, acting pursuant to their special duties, or any police officer shall make a complaint under oath to any municipal judge or justice of an attack or threatened attack. The judge or justice must immediately determine if there is probable cause to believe that the dog is dangerous. If so determined, the judge or justice issues an Order to Seize (DL-39) and holds the dog pending the final determination as provided in Section 121.2 The Hearing Once a dangerous dog complaint has been made under oath or affirmation to a municipal judge or justice, whether or not the judge finds probable cause for seizure, the law requires that a hearing be held within five (5) days and upon written notice of not less than two (2) days to the owner of the dog. The judge completes the Notice of Hearing (DL-42). The petitioner shall have the burden at such hearing to prove the dog is a "dangerous dog" by clear and convincing evidence. If satisfied that a dog is dangerous, the judge or justice shall order neutering or spaying of the dog, microchipping of the dog and one or more of the following if deemed appropriate and necessary for the protection of the public: · Evaluation of the dog by a certified behaviorist or another recognized expert in the field and completion of training or other treatment. The dog owner is responsible for all costs of evaluation and training. · Confinement of the dog for a period of time and manner set by the court · Restraint and/or muzzling of the dog when in a public place · Maintenance of liability insurance The judge or justice may also order humane euthanasia or permanent confinement under aggravating circumstances listed in Section 121.3. A Dangerous Dog Disposition Order (DL-43) is completed by the judge/justice and states their determination (decision), The owner of a dog determined to be dangerous has the right to file an appeal within 30 days. The order of euthanasia shall not be carried out until expiration of this period, unless the owner waives the right to appeal. A dog shall not be declared dangerous if the court determined that the conduct of the dog was justified under specific circumstances defined in Section 121.4. An owner that negligently permits their dog to bite a person, service dog, guide dog or hearing dog causing physical injury is subject to a civil penalty as set forth in Section 121.6. An owner that negligently permits their dog to bite a person causing serious physical injury is subject to a civil penalty as set forth in Section 121.7. The owner of a dog that has been deemed dangerous is also subject to criminal fines or civil penalties, medical costs, imprisonment and/or a Class A misdemeanor for subsequent actions committed by such dog as defined in Sections 121.8, 121.9 and 121.10. The owner shall not be liable if the dog was coming to the aid or defense of a person during the commission or attempted commission of certain crimes within the dwelling or upon the real property of the owner of the dog. (Section 121.11) Nothing in Section 121 shall: 15 · Limit a person injured by a vicious dog from any claim or cause of action under common law or by statute (Section 121.12) · Restrict the rights and powers derived from Title 4, Article 21 of the Public Health Law relating to rabies (Section 121.13) Required Notifications: Title 1, OCCRR of NYS, Section 78.6 requires that upon a finding that a dog is dangerous the judge or justice must notify the Commissioner of Department of Agriculture and Markets of such finding. Sending a copy of the Dangerous Dog Disposition Order (DL-43) to the Department's Companion Animal Unit satisfies this requirement. · The license number must be included on the DL~43 in order for the CAU to desiqnate a do~q as 'danqerous' in the licensinq database. · The General Municipal Law, Section 209-cc. requires that the owner of a dangerous dog reports the presence of this dog to the clerk of any municipality where the dog is harbored. (Section 121.1,4) DESTRUCTION OF A DOG - A dog may be destroyed while, without justification, it is attacking or threatening a person, companion animal, farm animal or domestic animal and no liability in damages shall be incurred on account of such destruction. (Section 121-a) DANGEROUS DOG FORMS are available to the DCO and the judge or justice, at no cost, from the Companion Animal Unit. The DL-39 comes in a pad of single sheets which require carbon paper or copying upon completion. The DL-41, DL-42 and DL.43 are contained in one pad of NCR paper (no carbon required). DL-39 Order to Seize a Dog Written by the judge/justice in cooperation with DCO. Must be commenced immediately if there is probable cause to believe the dog is a dangerous dog. This same determination must be held throughout the hearing. DL-41 Dangerous Dog Complaint "Owner" is the person who harbors the dog. If the owner of record is different, record both names. If the complainant is willing, allow them to complete the date and description of the incident in which they felt threatened. If not willing or able, then DCO must complete the statement as the complainant recites it. Complainant must then affirm the statement by signature and date. DCO witnesses signature and completes "dated at" section to the left of the complainant signature and date. DCO also affirms statement by signature and date at the bottom right. If complainant is a minor, statement must also be affirmed as above by parent or guardian, and include the relationship to the complainant. If the complainant does not wish to sign and the DCO has evidence that the dog is a dangerous dog, the DCO must file a complaint. DCO completes top and bottom sections of the DL-41, and delivers it to the court as soon as possible, include DL-39, DL-42 and DL-43 for judge/justice to complete. DL-42 Notice of Hearing Filed by the judge/justice and used to inform the defendant (dog owner) of a dangerous dog hearing. Contains the facts of the incident copied from the DL-41. Notice must be served to the dog owner (and the person that harbors the dog if located at a different address) not less than two (2) days prior to the hearing. The hearing must be held within five (5) days from the date that the complaint was filed with the judge/justice. DL-43 Dangerous Dog Disposition Order Whether the judge's order is to spay/neuter microchip or destroy the dog, a date and time must be indicated to ensure that the order is carried out in a timely manner. Judge/justice may require written verification that the procedure was done if not witnessed by the DCO. If order is to evaluate, confine or restrain the dog, or to maintain liability insurance, additional conditions may be specified by the judge/justice. The municipal court must file a copy of this form with the department's Companion Animal Unit. The dog will then be designated as 'dangerous' in the licensing system (Section 78.6 of Title 1, 16 OCCRR of NYS). If dog is not currently rabies vaccinated, and a bite or exposure occurred, the head must be sent to the NYS Department of Health Rabies Lab for testing. OTHER SECTIONS PERTAINING TO DOGS PROTECTION OF DEER -Section 122 The governing body of any municipality may require that all dogs be securely confined during a designated period of time to avoid the predation of deer by dogs. Action shall be taken only if a depredation order is in effect and only by persons author[zed to take such action. The dog owner shall be subject to a civil penalty. NIGHT QUARANTINE - Section 123 The governing body of any municipality may require that all dogs be securely confined between sunset and one hour after sunrise for a designated period of time. Action shall be taken only if a night quarantine order is in effect and only by persons authorized to take such action. LOCAL LAWS AND ORDINANCES - Section 124 Any municipality may enact a local law or ordinance upon the keeping or running at large of dogs and the seizure of such dogs. INDEMNIFICATION FOR DOG DAMAGE - Section 125 Each county shall be liable for damage done by dogs, as determined by an assessor, to domestic animals within the county. OTHER LAWS PERTAINING TO ANIMALS CRUELTY TO ANIMALS - Article 26 of the AML relates to cruelty to animals, abandoned animals and Section 601 of the vehicle and traffic law. · SECTION 371 defines the powers of peace officers and their role in Article 26 enfomement. · SECTION 372 describes the requirement that a magistrate authorized to issue warrants in criminal cases must issue a warrant upon complaint in order for any person, authorized by law to make arrests (peace officer), to enter and search any building or place where any provisions of law affecting animals is or is about to be violated. · SECTION 373 defines individuals who may lawfully take possession of any lost, strayed, homeless or abandoned animal found in any street, road or other public place. NOTE: "Dog Control Officer" is not included in any sections of Article 26. ANIMAL CONTROL - If local laws have been enacted that involve animals other than dogs, the municipality may designate an Animal Control Officer to enforce these ordinances. These positions are not mandated in Article 7, therefore; it is not within the realm of DCO duties to enforce local laws dealing with, or to seize animals other than dogs. CONTROL OF WILDLIFE - A permit is required by NYS Department of Environmental Conservation (DEC) for any person(s) to handle any animals regulated by DEC. DOG CAPTURE AND RESTRAINT The following pages should not be considered a complete course in dog handling. These are basic techniques used to capture or restrain a dog. Attending a training course in animal control is recommended. Because the reactions of a strange dog are unpredictable, a dog control officer must be ready for any situation. Hands-on training may be the best kind available. 17 Dogs must be handled in a humane manner. Correct handling also reduces the chance of injury to both the DCO and the dog. Also, keep in mind that a dog is considered personal property in the eyes of the law. Proper training in the use of equipment has no value if common sense is not used or tempers are lost. Remember that a soothing voice and calm approach are your best tools and usually result in the best capture. Dogs can sense confusion and will react accordingly. The approach to a dog varies. If a dog is scared, it may be dangerous, a "fear biter''. Watch the dog carefully without staring it down. Try to remain calm, and take your time. Notice the ears, eyes, tail, hackles, and posture. If the dog crouches, it may be preparing to lunge. Always speak to the dog in a Iow, monotone voice. It does not make any difference what you say as long as it sounds soft and soothing. TRANSPORT A VEHICLE must be available to safely transport seized the animal to the shelter or veterinary hospital. Dogs must be contained in a sturdy ENCLOSURE while in transit and must not be injured or allowed to escape en route. The enclosure must be securely anchored if necessary to keep it stationary during transport. CARE IN TRANSIT -- Proper ventilation and temperature must be provided to allow adequate intake of oxygen and to prevent heat stress or chilling. Engine exhaust fumes must not reach the dog. Check the dog during transport for signs of distress. The use of wire cages or crates allows for observation of the occupant. EQUIPMENT The DCO must keep the following items on hand to safely "PICK UP" e dog. A list of suppliers is located in the last pages of this manual. ANIMAL CONTROL POLE - DCO must have an AC pole with them at all times. Use it to restrain a vicious or potentially rabid dog. The pole is made of light weight, hollow aluminum with a plastic covered cable that can be easily tightened or loosened. The AC pole must be used properly to avoid injury to the dog or the handler. Procedure for using the AC pole: · Open the pole to its fullest length · Approach dog with the pole below its head · Allow dog to smell the loop · Rest the loop of the pole on the dog's shoulder for a moment to let it relax Once the dog is convinced the loop will not hurt him, the dog may allow the loop to be placed over its head (experienced dogs may not!) · Close the loop so that it will not slip over the dog's head. The loop should not be tight enough to be uncomfortable for the dog or to induce choking Allow the dog to fight the restraint until it calms down, and then guide the dog with the pole to where you want it to go Some improper uses of the control pole: · Dragging a dog when it refuses to move · Hanging a dog in the loop end of the pole · Hitting or poking a dog with the pole GLOVES- Various styles are available for different uses: Thick leather gloves allow a solid grip on a dog collar, the handling of rope and help prevent deep penetration of a dog's teeth if bitten. Gauntlet-style gloves offer protection to the wrist and forearm. 18 Disposable rubber or latex gloves are used to handle sick and diseased dogs. At times, the DCO must seize dogs that harbor contagious diseases such as mange, rabies, distemper, and parvovirus. After use, the gloves must be disposed of in a sanitary manner. This protects other animals in the officer's care. Disposable gloves give no protection from injury, and should not be used alone if handling a potentially dangerous dog. PORTABLE CAGES AND CRATES - The enclosure used to haul a dog in the transport vehicle must be sturdy and free from protrusions and sharp edges. The door should allow for easy removal of the dog. The crate or cage should be large enough to allow the dog to turn about freely. Transport cages and crates generally are not large enough to use as a shelter. All enclosures must be disinfected regularly to prevent disease transmission between dogs. Use crates made of material that is easy to clean. Rusty cages and wood crates are impossible to adequately sanitize and should be painted or sealed to make the surfaces waterproof. DISINFECTANT - Must be available to treat equipment and transport cages. Household bleach (5.25% sodium hypochlorite) diluted with water (2Tbs/qt) is effective against canine diseases. There are other more expensive disinfectants available if desired. Consult manufacturer for proper use. LEASHES - A DCO should never be seen without a leash. It can be made of nylon, cotton, rope or leather. A variety of styles and lengths should be on hand for any situation. A leash with a metal snap on the end can be used on dogs that are wearing a snap ring or choke chain collar. In addition, a second leash with a halter ring on one end should be placed on the dog to serve as a back-up should the dog slip its collar. Tips for using a leash: · Don't let the dog see the leash as you approach · When the times comes to use the leash, bring it out slowly · Be patient when handling a frightened or injured dog · Once the dog has relaxed a bit, massage the neck and behind the ears · Slowly touch the front legs and neck with the leash · Finally, place the loop over the dog's head in one smooth motion. Most of the time, the dog will accept the leash · Let the dog thrash about before approaching slowly · With the dog in front of you, pull the head to one side with the leash and put your arm around the soft part of the stomach · While lifting the dog, keep it's head to one side away from your body · Cross the free portion of the leash over the nose for a temporary muzzle NOTE: Do not lift a dog by the loose skin of the neck and back. This is painful to the dog and dangerous to the handler. Some improper uses of a leash: · Lifting or choking a dog · Whipping the dog · Dragging the dog when it refuses to move · Tying a dog MUZZLES - A variety of items make effective muzzles such as pantyhose, gauze or an old sheet cut into strips. Muzzles may be purchased from a veterinary or pet supply company. All dogs should be muzzled to protect the handleK To apply a muzzle: · Approach the dog from behind · With the muzzle material, make an open loop, and place it carefully around the dog's snout. careful not to catch the tongue between the teeth Be 19 · Cross the material under the chin, bring it up behind the ears and tie a square knot at the nape of the neck · Tie snugly enough to prevent the dog from opening its jaws to bite, but not so tight as to prevent circulation or breathing · Unless using a purchased muzzle of a type that obstructs the teeth, the dog may be able to nip with its front teeth HUMANE (LIVE) TRAP - For a dog that cannot be approached close enough to capture, bait is used to lure the dog into the trap. This style of trap is designed for an injury free capture. However, it may also capture unintended quarry. Check the trap often. Removing a trapped dog without allowing it to escape can be dangerous. It is particularly important not to free the dog if it has bitten someone before capture. NET- A large net on a long, sturdy pole is handy to have on hand. Use it to capture a dog that is loose in a building or to catch a frightened dog in confinement. A BITE STICK iS used to defend the DCO against aggressive dogs in a non-lethal manner. However, the National Animal Control Association recommends that all animal control officers receive proper animal related training before carrying and using this tool. DOG HANDLING TECHNIQUES -- Because capturing an animal is at most times a visible activity, you should be readily identified as the DCO. Since illegal trade in stolen pets is becoming more common, you could be mistaken for a "dog-thief". Ideally, the DCO should be in uniform, carrying an tD badge, and using a clearly marked vehicle. There should be magnetic or painted signs on the side of the vehicle being used while on duty. If time allows, visits to schools, local veterinary offices, and community associations help you become well known. The DCO is more than a "dog catcher". Keep in mind that the dog you are trying to catch is or was someone's companion animal, therefore, it is of value to someone. You might be summoned or asked to appear in court in your defense if someone claims that inhumane methods were used to capture or handle a pet. A DCO can be charged with cruelty - you are not immune to the law. Few professions demand so much as the position of DCO. A person going into this field must understand both animals and people. Signs of a FEARFUL or DANGEROUS dog: Ears laid back or pricked straight ahead · Hackles risen (hair up along neck and ridge line) · Tail stiff or tucked between legs. Tail may be wagging. Don't let this fool you. · Staring (eye fixation) · Vocalization (growl, high pitch cry or strange bark) · Tense posture or gait If you are frightened, back off and get some help. Retreat etowly but don't turn away from the dog. Try not to exhibit fear. Exhibit an assertive posture but avoid prolonged eye contact. APPROACHING A LOOSE AND POTENTIALLY DANGEROUS DOG · Walk in front of the dog with the control pole in front of you · Have some sort of barrier close at hand in case you need it. A trash can, bucket, broom, door, etc. can obstruct the animal should it attack · Talk to the dog while approaching and avoid direct eye contact. Allow dog to sniff the pole since it is probably unfamiliar with it and its intended purpose · The restraint can then be placed around the dog's neck APPROACHING A CAGED DOG · Before opening the door, hold hand palm down near cage and observe any reactions · If the dog behaves adversely, talk to it to calm it down When the dog appears calm, proceed with caution as you slowly open the cage door - Stand to one side so that the door remains between you and the dog 2O · Open the door with your "off" hand and hold the animal control pole with your dominant hand. Open door slowly while flexing one leg against the cage door for control · A leash or control pole should be utilized at this point CAPTURING A NURSING OR PREGNANT BITCH · There are distinct problems when capturing a nursing bitch or one that is about to whelp To identify, look for swollen mammary glands Once a bitch has whelped, she will be extremely protective and may lead you away from her pups Use a soft voice and slow movements to capture her · Try food, if that does not work, remain quiet and let her come to you on her own APPROACHING AN INJURED DOG · Observe for bleeding and determine if conscious · Look for signs of discontent - stiff upper lip, growling, shivering, raised hackles, or tail tucked between legs NOTE: If the dog is agitated, discontinue approach and apply restraint. · Make dog aware of your presence, but don't startle it Without any sudden or abrupt movement, gently stroke the dog's body · Speak with a pleasant but firm voice · Muzzle the dog before attempting to handle it CARRYING AN INJURED DOG - The technique used for moving an injured dog depends on the size of the dog: Small dog · Place your right hand under the body, pass index finger between the forelegs and encircle the right foreleg with thumb. Support dog's chest with your other fingers · Lift the dog while supporting its body with your right hip and hold firmly with right forearm · Place left hand over dog's shoulder blades, hold its neck steady to prevent it from turning its head to bite Large dog Kneel and completely cradle the dog with both arms. To stand, push up with your legs and keep your back straight. This prevents self-injury and avoids dropping the dog · If the foreleg is injured, hold the dog's hindquarters Iow to keep weight off the injured leg · If the hind leg is injured, hoid the front quarters iow to keep weight off the injured leg RABIES Rabies is a potentially fatal zoonotic disease that affects all mammals. Essentially, there is no cure once an unvaccinated human or mammal becomes symptomatic. The main route of infection is through a bite wound. The virus is passed in the saliva of an infected animal. A definitive diagnosis can only be made by sampling the brain of that animal. Symptoms vary, but may include drooling, varying degrees of paralysis, uncharacteristic vocalization, and aversion to water. The animal may act unusually furious or friendly. Receiving a series of inoculations before an exposure occurs is more economical and less time consuming since fewer post exposure treatments are required. And, instead of receiving regular booster vaccinations it may be possible to have the blood serum titrated (measured) for antibody level. Afl bite cases must be reported to the county public health officer. The phone number should be on hand in case of a dog bite. 21 The county health department is responsible for handling rabies cases. The DCO has no authority to handle such cases, but may be called by the county for assistance. An agreement between the appointing municipality and the health department that details the specific responsibilities of the DCO must be in place if the health department wishes to use their services. 22 Section 2 Munici al Shelter 23 THE MUNICIPAL DOG SHELTER The DCO and Shelter Manual includes summaries of Article 7 and some other laws and regulations relative to municipal dog control and shelter services. This manual is not meant to replace written laws but is simply a guide to their enforcement. Consult the municipal attorney for further assistance. Laws of New York State may be viewed at www.senate.state, ny.us. New York State Municipal Dog Shelter Requirement - Article 7, Section 115 All municipalities issuing dog licenses are required to shelter dogs seized under Article 7 of the Agriculture and Markets Law. This requirement must be met in one of the following 4 ways: 1. Municipality can establish and maintain a dog shelter 2. Municipality can establish and maintain a shelter jointly with another municipality 3. Municipality can contract with another municipality for shelter services 4. Municipality can contract with any incorporated humane society or similar incorporated dog protective association for shelter services NOTE: Dog Control Officer residences, boarding kennels, and veterinary clinics are not on this list of options. These facilities can be used to shelter Article 7 dogs but a written lease agreement must be in place in order to satisfy item 1 above. The lease must include provisions for direct access by the Dog Control Officer. Questions? Call your local inspector or the Albany office at 518--457-3502. If overcapacity is anticipated at the primary facility, a secondary contract may be established for shelter services with any of the above. These arrangements must be noted in the shelter contract. All shelter service agreements, whether in contract or by lease, must be in writing. MUNICIPAL RESPONSIBILITY FOR SEIZED DOGS The municipality is responsible for the dog from the time it is seized by the DCO or other authorized agent until final disposition (redemption, adoption or euthanasia). Dogs must have proper care, shelter, feed and water. All dogs must be held for the appropriate redemption period and released according to The DCO must supervise the impoundment until final disposition. The required fee collection and recordkeeping is under direction of the seizing municipality. The municipality cannot relinquish responsibility for a seized dog to any person or organization including shelters, veterinary practices, animal rescue groups, foster homes, etc. Until the dog is licensed or euthanized the municipality maintains control over the dog. The shelter never assumes ownership of any seized dogs. There are only three options to release a seized dog from impoundment per Article 7, Section 1 18: 1) Redemption by owner - requires proof of license and payment of impoundment fee* or 2) Adoption by a person for the limited purpose of harboring a pet - requires proof of license or 3) Euthanasia - per American Veterinary Medical Association Guidelines 24 * There are no provisions in Article 7 to allow the municipal shelter to charge the owner any additional fees such as boarding or veterinary fees. Such fees would be paid by the seizing municipality to the shelter and may be recovered by the municipality via impoundment fees. The shelter must file a copy of the DL-18 Dog Seizure and Disposition Report for every seized dog impounded at the shelter. All facilities used to shelter seized dogs are subject to inspection by NYS Department of Agriculture & Markets. CARE OF SEIZED DOGS According to Title 1, Official Compilation of Codes Rules & Regulations of the State of New York, Part 77.2 "Standards for the Care of Seized Dogs" every dog seized pursuant to Article 7 of the Agriculture and Markets Law, or any local law, ordinance, or order adopted or issued pursuant thereto, shall be properly cared for, sheltered, fed and watered. Properly sheltered means the provision of shelter suitable to the breed and age of the dog. Said shelter shall be structurally sound, clean, and sufficient to protect the dog from detriment to its well- being, and shall provide adequate space to allow the dog to move about in a natural manner, light, air and temperature sufficient to protect the animal. Properly fed means the provision, at suitable intervals, of wholesome food appropriate for the breed and age of the dog and sufficient to maintain a reasonable level of nutrition in each dog. Such food shall be served in a receptacle, dish or container that has been physically cleaned so that agents injurious to the health of the dog have been removed and destroyed to a practical minimum. Properly watered means the provision of constant access to a supply of clean, fresh, potable water in a sanitary manner, or the provision of such access at intervals suitable for the breed and age of the dog. The following literature is a guide to obtaining this goal and is not meant to replace written law. Housing / Enclosures - Seized dogs must be housed in enclosures or cages. All enclosures must be STRUCTURALLY SOUND and kept in good repair to keep the dog contained and to protect it from injury. There must be no rust, jagged edges or sharp points. There must be no openings where an animal can become entrapped. Housing must be constructed and arranged to allow easy removal of the dog without injury. Electrical sources must be placed to prevent animals from chewing on electrical cords or wires, and from appliances coming in contact with water. Since the strength of the next dog seized is unknown, it is more economical to use high quality enclosures rather than constantly replace cheaper products. Sturdy enclosures reduce the chance for escape or injury by an aggressive dog. CLASSIFICATION AND SEPARATION -The following animals must be housed separately: · Incompatible dogs · Unspayed female with intact (non neutered) male dogs · Vicious dog and any other dog · Adult dogs and puppies (other than dam with nursing pups) · Dogs with contagious disease or with injuries and healthy dogs INTERIOR SURFACES must withstand scrubbing with detergents and repeated application of disinfectants without retaining odors. They should withstand the impact of water under pressure, if necessary. Junctions with the floor, ceiling and doors must be aligned and properly sealed. All surfaces within the primary enclosure must be replaced or repaired when worn or damaged. Dirty, rough and absorbent materials protect microorganisms and are difficult to clean, disinfect and deodorize. 25 Prefabricated enclosures are available in a variety of materials, such as stainless steel, fiberglass, galvanized steel and aluminum. They may be purchased individually or as wall units. Primary enclosures may be constructed of chain-link fencing. The walls must be high enough to allow for animal comfort and to prevent animal escape or entry. Securely enclosing the tops with panels of chain-link or sturdy wire mesh will hinder escapes and reduces the height of the walls needed. This atso restricts entry of wild animals into outdoor enclosures. Solid partitions of adequate height should be installed, if needed, to reduce fighting and disease transmission among adjacent animals. Partitions can be made of waterproofed masonry walls, or aluminum, galvanized steel or fiberglass panels. Gates should be present in each enclosure to permit access for cleaning and routine maintenance. Concrete brick, treated with epoxy paint or a liquid sealer, provides a durable, waterproof wall surface. Tile, if properly sealed, also creates a durable surface. Bare wood and sheet rock are not recommended since these materials are porous. They tend to hold in dampness and odors and are impossible to thoroughly disinfect. Wood must be sealed if it is used for walls. Ceilings should be constructed of smooth and waterproof materials that can be cleaned and sanitized. For constructed primary enclosures, poured concrete is one of the best materials to use for flooring because of its ease of maintenance, durability, and seamless nature. Due to its porosity, concrete must be treated with a liquid sealer or hardener to make it waterproof. Waterproofing prevents water damage to concrete, and allows thorough sanitation. Ceramic tiles can provide a durable floor covering but require more maintenance than concrete. Tiles may loosen over time, allowing water to seep beneath them. In addition, the surface texture may be too smooth to provide adequate footing. Vinyl tile and linoleum can also be difficult to maintain. As with concrete, these surfaces must be made waterproof with the application of a sealant. Wood is not durable enough for flooring and should not be used as such. Repair or replace any damaged sections to prevent dogs from ingesting any materials that may come loose from chewing and clawing the enclosure. For outdoor enclosures, poured concrete is recommended for flooring. Gravel is more difficult to maintain and keep clean. Fecal matter is difficult to remove completely and there is potential for harboring infectious microorganisms and parasitic eggs. Asphalt is not recommended because it absorbs heat. It has a tendency to soften and bubble, and can cause burning of the animal's feet. Roofing over outside runs helps to maintain dry flooring and prevents ice and snow build up in the winter. The roof structure should be sloped, leak proof and must direct water away from the entire run. Sufficient space must be provided in all enclosures to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, sit and lie with its legs outstretched. There should be enough room to allow for growth until the animal is moved to a larger enclosure. A minimum square footage of space, exclusive of food and water receptacles, must be provided for each animal as follows: (Length of dog* in inches + 6) 2 divided by 144 = required floor space in square feet. *Length of the dog is measured from the tip of the nose to the tail base. The interior height of the primary enclosure must be at least 6 inches higher than the head of the tallest dog in the enclosure when in a normal standing position, Generally, enclosures that measure four feet wide by six feet long can accommodate one adult dog of any breed. Dogs confined in cages should receive daily exercise. The length of the exercise area will depend upon the size, age and number of animals. There should be room to allow adequate freedom of movement. Wider, longer runs are easier to keep clean because they allow dogs to avoid their wastes. 26 If wire flooring is used, it must be impossible for an animal's feet to pass through any opening in the floor of the enclosure. The flooring must not sag between the supports. Adequate VENTILATION is necessary to provide a healthy environment and comfortable temperatures to prevent an accumulation of moisture and noxious gases. The ability to control odors in a housing area depends not only on sanitary practices and the number of animals housed, but also on an effective ventilation system. There are many different types of systems available. In all types of ventilation systems, the proper ambient temperature and humidity level in the housing area must be maintained without causing a draft. Natural ventilation, through the use of windows, is the least expensive method to ventilate an enclosure. If the housing area is small enough in size and a sufficient number of windows are available, this system alone could provide adequate ventilation. For natural ventilation to be effective, it must function well in all types of weather. Since favorable external winds and weather conditions cannot always be relied upon, vents should be installed to increase air circulation. Roof or gable vents and/or chimney-type flues allow fresh air to enter and stale air to exit the room. Window, ceiling or wall fans may be needed to supplement air circulation. Ventilation systems, such as an exhausting air system or central duct ventilation system, are recommended for larger facilities. In these systems, baffles or Iouvered air ducts situated in the eaves or wails allow fresh air to enter a series of ducts. The air is then circulated by fans and exhausted through roof or gable vents. Ventilation ducts should always be large enough to accommodate the volume of air that the fans are able to move. Ten to fifteen air changes per hour should provide adequate ventilation. Air conditioning is one of the most effective means of providing ventilation and thermoregulation in warm weather. AC provides comfort by cooling, dehumidifying, filtering and circulating the air. If floors and walls remain damp after cleaning procedures are completed, it is a good indication that the ventilation system needs improvement. The TEMPERATURE surrounding the animal must be conducive for its health and well being. Dogs must be protected from temperature extremes. The ambient temperature should not fall below 45-50F for an animal not acclimated to lower temperatures, a breed that cannot tolerate lower temperatures without stress and discomfort (such as a short-haired breed), or a sick, aged, young, or infirm animal, except as approved by a licensed veterinarian. Auxiliary ventilation, such as fans, blowers, or air conditioning must be added to keep the animal cool temperatures 85F and up. A room thermometer should be installed in the housing area to monitor air temperature. Interior temperatures are maintained by using a combination of adequate insulation and an effective heating system. Installation of any system must follow local building and fire codes. Heat can be furnished by utilizing gas, oil or electric sources. Radiant systems transmit heat through a series of parallel pipes or cables, embedded in walls, floors and/or ceilings, to the material surrounding them. Heat is then radiated into the room. Floor heating, utilizing this method, provides a warm surface for the animal to sleep on as well as quick drying floors. When installed in outdoor enclosures, it provides an effective means of snow removal and eliminates icing of floors in cold weather. Another option, warm air heating, supplies warm air conducted through a series of ducts and blowers. Baseboard heating is not recommended, particularly in housing areas, since the heating units interfere with effective sanitary maintenance practices, installation of wall-hung radiators and floor heating ducts should also be avoided. Ceiling-based heating ducts and/or sub floor heating systems are acceptable. OUTDOOR HOUSING must include a shelter which is structurally sound, will protect the dog from the elements and is appropriate to the breed, its physical condition and climate. It must have insulation 27 appropriate to local climatic conditions and sufficient to protect the animal from inclement weather. An outdoor shelter must have four sides, a raised floor, and a waterproof roof. The door should be offset and baffled, if necessary, to limit the entry of drafts and precipitation and to allow accumulation of body heat. Door flaps should be replaced when damaged. Shade by natural or artificial means must be provided to protect the dog from direct sunlight at all times when sunlight may threaten the health of the animal. A doghouse may not provide adequate protection from sunlight. Outdoor enclosures should be set on solid foundations such as concrete or stone, or on ground that is well drained. In both indoor and outdoor enclosures, animals must not be forced to lie on damp floors or on unheated concrete or stone. Dry bedding and/or solid resting boards must be provided if needed to conserve body heat. Because the next dog seized may not be acclimated to lower temperatures, the municipal shelter must have a heated area available for such dogs. NOTE: Outdoor enclosures must be locked to prevent theft or unauthorized release of the dog. Entry by other persons and animals must also be restricted to prevent injuries and disease exposures to them or the impounded dog. LIGHT must be available at all times. It must supply adequate illumination for proper cleaning and routine inspection. A regular diurnal lighting cycle of either natural or artificial light should be provided. Animals should not be exposed to excessive light. Windows and/or skylights provide natural illumination as well as a source of ventilation. The use of glass bricks is another option. Of the various types of electrical lighting available, fluorescent lighting gives the softest and most diffused illumination. All housing facilities must be designed to allow for the efficient removal of wastes and water in order to prevent the animal from contacting these substances. Wastewater as well as rain and melting snow must be drained away from the housing area. Dogs must be kept dry. It is not acceptable to allow an animal's fur to become matted or coated with waste material. Solid floor surfaces should be sloped 1/2" per foot toward drains to allow adequate runoff of water and wastes. All drains must be properly constructed and maintained to prevent any back up of sewage and to minimize foul odors. Drainage can be accomplished by using a gutter-type system or individual drains in each section. In a gutter-type drainage system, a gutter is positioned between the walkway and the animal pens or against the back wall of the enclosures, with the floor sloped toward the gutter. Drains at both ends allow wastewater to flow to the sewage system. Like the floors, gutters must be sloped toward the drains. This type of system allows for maximum drainage. Individual drains are used mainly in the nursery and isolation areas where the volume of surface drainage is usually much less than that of the main housing area. Methods of solid waste and wastewater disposal vary, depending upon local health codes and zoning laws. A whelping box must be provided for pregnant and/or nursing dogs with puppies. It should encourage the bitch to remain in the box to care for her puppies, yet allow her to exit at will. The box should keep the pups contained. It must be constructed in such a way to prevent injuries and to allow for adequate 28 cleaning. If made of wood, it must be sealed or lined with an impervious material that can be readily sanitized. "Pig rails" must be installed, if needed, to protect the puppies from being crushed and to prevent them from climbing out of the box. PVC pipe works well for this purpose. Sanitation - The housing facility and the area immediately surrounding it shall be kept in a clean condition in order to maintain a healthy environment. This is accomplished by removing and destroying agents that are hazardous to animal health and by performing regular sanitation. Cleaning must be done frequently to remove disease hazards, pest infestation, and odors. Manure, urine, uneaten food, shed hair, soiled bedding, and any other organic matter must not accumulate inside animal enclosures and around the housing area. These wastes may need to be removed with scrub brushes, detergents and degreasers. Live steam may be used to clear a large surface area. A power washer is also useful, but care must be taken not to disseminate any infectious disease. After all organic matter has been removed and surfaces have been rinsed and allowed to dry, the area can be disinfected. The disinfectant must remain on the surface for a minimum period of time to be effective. Using a concentration greater than that indicated by the manufacturer does not necessarily increase effectiveness. This practice is a waste of money and may be hazardous to people, animals and the environment. Follow the instructions on the label to safely achieve optimal results. Do not mix chemicals, Products that kill parvovirus must be on hand. Household bleach (sodium hypochlorite) is effective if diluted with clean water and mixed fresh daily. Chlorox® Reqular Bleach (5.25%) mixed at % cup/gallon of water (3 tbsp/quart) with 10 min. contact time on hard, non porous surface can be used to kill canine parvovirus. Consult the manufacturer (or label) for the proper dilution of any disinfectant. Food and bedding supplies must be stored off the floor and away from walls to allow cleaning around and beneath them. Exercise areas that have compact earth, sand, gravel or grass must be spot cleaned and replenished as needed and located to allow for exposure to sunlight. The safety and health of the animal must be considered when cleaning. Move the animal to another area, if necessary, to prevent injury or exposure to toxins. Passage from indoor to outdoor enclosures should be restricted by the use of guillotine or other locking type doors. Toxic substances must not be stored in housing, food storage or food preparation areas. Trash and waste products on the premises must be stored properly in leak proof, covered containers away from housing and food storage areas. This is necessary to minimize the risks of disease transmission, food contamination and vermin. At regular intervals, all stored trash and wastes must be removed from the premises. Deceased animals must immediately be removed from areas housing live animals. DISPOSAL must be done in a sanitary manner and must comply with local, state and federal regulations. Good housekeeping and sanitary practices are essential for rodent and pest control. Vermin must not have access to food. Feed that is spilled must be removed daily. Open feed bags must be in covered containers. Empty feed bags, cans and any other garbage must not accumulate on the premises. Additionally, areas that permit vermin to reside should be eliminated. All cracks, crevices and openings should be sealed. Doors, windows and vents must have screens to block the entry of vermin. Feeding and watering - Food must be palatable, wholesome, nutritious and of sufficient quantity to meet daily requirements. The diet should be appropriate for age, health status, and activity level. FOOD must be STORED and supplied in a manner that protects it from spoilage, contamination and vermin infestation. 29 Feedbags must be stored off the floor to prevent condensation. All feed should be stored in air tight containers in order to retain nutrients and prevent contamination. Perishable food stock must be refrigerated. Uneaten food must be removed before it rots or becomes stale. Food storage and preparation areas should be separate from trash and animal waste storage. Food and water receptacles must be kept clean and if located outdoors, be protected from rain and snow. All receptacles must be made of a material that can be sanitized. They should be cleaned whenever they are soiled, before use by a different animal, or at least once every two weeks. Receptacles must be the correct size and location to allow easy access to food and water. If clean, fresh, potable water is not continuously available it must be offered as often as necessary to ensure health and well being, but not less than twice daily for at least an hour each time unless restricted by a licensed veterinarian. Spilled food and bedding must not be allowed to accumulate in water receptacles. Humane handling - Any action which causes unnecessary physical injury or harm to the dog must be avoided. Dogs must be kept comfortable. Collars must be the correct size for the animal and should be checked and adjusted regularly in growing animals. Safe and appropriate restraint equipment should be available for use. Daily interactions with handlers and sufficient exercise for the particular breed, age and health status of the dog are advised to promote animal health and well being. Veterinary care - SiCK or INJURED dogs must be provided with prompt and appropriate CARE as directed by a licensed VETERINARIAN. The shelter must have an arrangement with a licensed veterinarian to provide treatment to impounded dogs, including EUTHANASIA services, whenever it is necessary. The veterinarian should be consulted for best management practices that will reduce disease transmission among the animals housed in the facility. This may include a vaccination program, a disease eradication protocol and a plan for animal passage through the facility from initial intake to final release. There should be an area in the facility designated for ISOLATION of animals with contagious disease. It must be separated from all other housing areas by a solid partition, with no possibility of animals having nose to nose contact. Outgoing air and wastes from the isolation area must not pass through the main housing area. The isolation area must not be used to house an injured animal unless it also suffers from a contagious disease. To further prevent the spread of infection in the facility, healthy animals must be cared for before animals in isolation or by a different caretaker. Separate equipment must be used if not disinfected between areas. Ideally, the isolation area should not be used to quarantine healthy incoming animals. Isolation of contagious animals protects the public from zoonotic disease and provides an overall healthier environment for all animals in the facility. Euthanasia-At the end of the holding period, a dog not redeemed by the owner or not adopted may be euthanized. The decision to and arrangements for this procedure are the responsibility of the seizing municipality unless otherwise noted in the shelter contract. If recommended by the veterinarian, a dog must be humanely euthanized without delay to eliminate any suffering. Humane euthanasia must be carried out by methods currently approved by the AMERICAN VETERINARY MEDICAL ASSOCIATION GUIDELINES ON EUTHANASIA and by Article 26, Section 374 of the Ag & Mkts Law. There must be a written record verifying that the euthanasia was carried out by an authorized person and method and that the proper holding period was observed, unless advised otherwise by a licensed veterinarian. Section 7 on the DL-18 must be completed at the time of euthanasia. 30 RECORDS A Dog Disposition and Seizure Report (DL-18) must be initiated by the DCO for all seized dogs. When the disposition section is complete (dog has been redeemed, adopted or euthanized), Copy 1 must be retained by the DCO or seizing officer. The top portion of Copy 2 must be filed with the municipality when completed, the bottom is sent to owner of record of a seized identified dog. Copy 3 is kept at the shelter, and Copy 4 is given to the owner/adopter. The Municipal Shelter and/or DCO Dog Control Record (DL-87) may also be used to Icg in seized dogs, but may not be used in lieu of the DL-18. Identification - A system must be established that permits rapid location of individual dogs housed in the shelter. Identification systems include the use of numbered runs/cages, cage cards, or ID collars. The DL-18 may also be attached to the cage as long as it cannot be destroyed. Complete information on each dog must be readily available and should include a description of breed, sex, color/markings, date of seizure, special conditions (dangerous, sick, injured, rabies observation), and the REPORT #. This information must correspond to the DL-18 (and the DL-87, if in use). SHELTERS ISSUING DOG LICENSES In order to issue dog licenses, the governing body of the shelter or pound established, maintained or contracted for municipal shelter services must pass a resolution giving the shelter manager this authority. The shelter manager then submits an application to the Department of Agriculture and Markets on form DL-130. Upon receipt of the application, the Department reviews it and if acceptable, the shelter is instructed to obtain a continual BOND for a designated sum of money. The bond amount is based on the estimated volume of licenses to be processed by the shelter over a three-month period. The bond is to be payable to the "Commissioner of Agriculture and Markets". The Department will revoke the bond if the license fees and/or state property are not properly accounted for (Title 1, OCCRR of NYS, Parts 78.8 and 78.9). Upon receipt of the shelter's bond, the Department's Companion Animal Unit (CAU) then sends the necessary license and reporting forms, instructions and identification tags to the shelter. Shelter managers who are authorized by the Commissioner to issue licenses for dogs being released from their shelter are required to collect all state fees, the local fee of the municipality where the shelter is located and the spay/neuter fee as required in Article 26, Section 377-a. The shelter is required to report all license sales to the CAU on a monthly basis. Additionally, it must send 53% of the state license fees and 100% of the local fee collected, if applicable, to the municipality where the shelter is located and the remaining 47% of the statutory fee to their county financial officer. All unclaimed deposits from the NYS Animal Population Control Program must be sent directly to the Department at least once every quarter. Use form APO-7, "Unredeemed Spay/Neuter Deposits Report". Further, for every license issued, the shelter is required to give one copy of the license to the owner, forward the clerk copy to the clerk of the municipality where the dog will be harbored and send to the CAU the original with the shelter manager signature. Finally, when there is a change in shelter managers, the authorization process must be re-initiated. The governing body of the shelter must pass a new resolution authorizing the new manager to issue dog licenses. Then, the shelter must reapply to Department and obtain a new bond in the new shelter manager's name. Lists of licensed dogs by locality may be obtained from area municipal licensing clerks. 31 PUBLIC RELATIONS A well-known shelter that people can easily visit gets more attention. Let the community know that "THE POUND" is not a "DEAD END" for companion animals. Rather, a stray dog is more likely to be reunited with its owner or adopted if it has been brought to the shelter by the DCO. Broadcast via your local radio and cable stations, publish in area newspapers and create flyers to inform the public of your existence. Advertising: · Protocol for locating a lost pet, with names and phone numbers · Seasonal pet precautions · Shelter newsletter. Ask a local printer to donate their expertise and supplies · An internet website Ask a local veterinarian for reduced rate services such as: · Spay/neuter surgery · Vaccinations · Treatments Other local pet related groups that may donate services: · Dog groomers - nail trimming, flea baths · Pet food/supply stores - products donations/discounts, adoption clinics · Dog trainers - dog obedience and training classes · Grocery and department stores - feed and supplies · Retired citizen's association, 4-H, the Scouts, etc. - dog walking and socialization Fund-raisers: · Walkathons, bake sales, craft fairs, raffles · Tattoo or microchip clinics · Sponsor a pet program Volunteers - Volunteers may comprise a large portion of your work force. Remind your community that volunteer help is appreciated. Recruit them for specific duties only. Try not to overburden one person. Consider everyone you come in contact with as a potential volunteer. Some may have useful suggestions and will network for extra help. Volunteers can organize projects such as the placement and pick up of lock boxes and running public outreach programs such as those that encourage responsible pet ownership. Other volunteers prefer to work with the animals, such as in dog walking or brushing. A dog trainer may volunteer their services to shelter dogs and new owners. A well behaved dog is generally a better prospect for adoption. 32 FOR ADDITIONAL INFORMATION AND TRAINING: New York State Department of Agriculture and Markets Division of Animal Industry 1 OB Airline Drive Albany, NY 12235 518-457-3502 aqmkt.state.ny.us New York State Humane Association P.O. Box 3068 Kingston, NY 12402 nyshumane.orq National Animal Control Association P.O. Box 480851 Kansas City, MO, 64148 913-768-1319 nacanet.orq American Humane 63 Inverness Drive East Englewood, CO, 80112 800-227-4645 amedcanhumane.orq The American Society for the Prevention of Cruelty to Animals 424 East 92nd Street New York, NY 10128-6804 212-876-7700 aspca.orq The Humane Society of the United States Companion Animal Section 2100 L Street NW Washington, D.C. 20037 202-452-1 'i 00 hsus.orq ACOFunStop.com Online community for animal control and humane law enfomement officers, featuring forums, training information, certification and events calendar. 33 ANIMAL POPULATION CONTROL PROGRAM In 1995, the New York State Animal Population Control Program was enacted into law. Through the NYS Animal Population Control Program (APCP), eligible persons adopting a dog or cat from an approved SPCA, humane society, municipal shelter or dog or cat protective association may have their animal spayed or neutered for only $30. In the first 10 years of the program over 60,000 low cost spay and neuter surgeries were done. In 2006, the law was amended to include the spaying and neutering of dogs and cats owned by people public assistance for only $20. Benefits of the Animal Population Control Program Spaying or neutering your dog or cat is beneficial to both you and your pet. It is recommended that the surgery be performed before six months or the first heat cycle (whichever is earlier) because · your pet's life expectancy is increased and their disposition generally becomes more genfie and affectionate; · spaying a female helps prevent uterine infections, such as pyometra, and mammary cancer; · neutering a male helps reduce the risk of cancer, prostate disease and hernias; and · You save at least $8 on your annual New York State dog license fee. Reducing the pet overpopulation is beneficial for every community as hundreds of thousands of cats and dogs are euthanized er suffer as strays every year. Furthermore, anytime a municipality seizes a stray dog, there are expenses for the taxpayers, such as sheltering the animal or even euthanizing it. Funding Sources for the Program There are four sources of funding for the NYS Animal Population Control Program. · The $3.00 surcharge on dog licenses for each unneutered and unspayed dog over the age of 6 months (including dogs licensed on a purebred dog license); · $35 rom unclaimed deposits from mandatory SPA Neuter Law. · $20 of the $25 annual charge for the "Love Your Pet" custom license plate. · Public and private donations. Please make checks payable to NYS Ag. & Markets/Animal Pop. Control Fund and send to Animal Population Control Program NYS Department of Agriculture and Markets 10B Airline Dr Albany NY 12235-0001 Eligibility Requirements To be eligible to receive a Iow-cost spay or neuter surgery for your dog or cat, the following requirements must be met: · The owner shall be a resident of New York State and · The owner shall submit proof to a veterinarian participating in the program in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association within New York State or · The owner shall provide proof of their participation in at least one of the following: I. The federal Food Stamp program; 2. The federal Supplemental Security Income for the Aged, Blind and Disabled program; 3. The federal Low Income Housing Assistance program; 4. The State Family Assistance Program; 5. The State Safety Net Assistance Program; 6. The State Program of Medicat Assistance; 7. The State Food Assistance Program. Program Procedure for Animals Owned by People on Public Assistance Application vouchers are available from the Department of Agriculture and Markets or on the website at W'~N aqmkt.state.ny.us or call (888) 669-0870. 34 · The owner will fill out the application and submit it to the NYS Department of Agriculture and Markets, Division of Animal industry, 10 B Airline Drive, Albany, NY, 12235 · The department wiJ~ process the application and send a voucher to the owner with a list of participating veterinarians in their area · The owner will take the Voucher to an approved veterinarian and pay the $20.00 co-pay fee to the vetednarian at the time of surgery. · If the veterinarian requires certain pre-surgicel immunizations, the charge to the owner may not exceed one half of the lowest cost which is charged to a private ctient. · The veterinarian will perform the surgery and complete the Voucher, · The voucher is sent to the Division of Animal Industry for reimbursement. After the voucher is verified, the veterinarian will be reimbursed at the rate of 80% of the difference between the veterinarian's approved fee and the $20.00 owner co-pay. Eligibility Requirements for Animals Adopted From Shelters To be eligible to receive an Adoption Voucher Agreement for a Iow-cest spay or neuter surgery, the following requirements must be met: · the dog or cat must be adopted from an approved SPCA, humane society, municipal shelter or dog or cat protective association within New York State; and · the adopting owner must be a resident of New York State; and · the dog or cat cannot be imported into New York from another state Animal Organizations Eligibility Requirements No resident, otherwise qualified, shall be entitled to participate in the Iow cost spay/neuter if the animal to be spayed or neutered · was imported or caused to be imported from outside the state; · was adopted from an otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption; · was spayed or neutered by an otherwise eligible veterinarian who is employed by otherwise qualifying pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shall have performed spay/neuter procedures in excess of the number of such procedures done upon animals adopted from such facility during nineteen hundred ninety-four; or · was adopted from any facility that as a condition of adoption, required or encouraged the utilization of a specific veterinarian or veterinary facility to perform such spay or neuter procedure. The establishment of such conditions by a facility shall constitute grounds for the disqualification of such facility to participate in the program. Program Procedure for Animals Adopted From a Shelter A person adopting a dog or cat from an approved shelter will receive an Application for an Adoption Voucher Agreement. · The owner will fill out the application and submit it to the NYS Department of Agriculture and Markets, Division of Animal Industry, 10 B Airline Drive, Albany, NY, 12235 · The department will process the application and send a voucher to the owner with a list of participating veterinarians in their area · The owner will take the Voucher to an approved veterinarian and pay the $30.00 co-pay fee to the veterinarian at the time of surgery. · If the veterinarian requires certain pre-surgical immunizations, the charge to the owner may not exceed one half of the lowest cost which is charged to a private client. · The veterinarian will perform the surgery and complete the Voucher. · The voucher is sent to the Division of Animal Industry for reimbursement. After the voucher is verified, the veterinarian will be reimbursed at the rate of 80% of the difference between the veterinarian's approved fee and the $30,00 owner co-pay. · The shelters will submit to the Commissioner of Agriculture and Markets all unredeemed spay & neuter deposits (not less than $35.00) for the spay & neuter deposits collected that go unclaimed on a quarterly basis (Article 26: 377A). Veterinarian Eligibility Requirements Veterinarians may qualify to participate in the NYS Animal Population Control Program by meeting the following requirements: A NYS licensed veterinarian; Submit a Veterinary Practice Application including the canine and feline spay and neuter fee schedule to the NYS Department of Agriculture and Markets, Division of Animal industry, 10 B Aidine Drive, Albany, NY, 12235. The Department reserves the right tn deny applications for veterinarians whose fees are deemed unreasonable. Further Information For additional informatiog, contact the NYS Department of Agriculture and Markets, Division of Animal Industry at (888) 669-0870. 35 Supply Companies The NYS Department of Agriculture and Markets does not endorse any of these companies, nor is it a complete list. Check with local animal shelters, veterinarians, pet stores and boarding kennels, or search the internet for more suppliers. Ketch-all Co 4149 Santa Fe Rd #2 San Luis Obispo, CA 93401 1-877-538-2425 ketch-all.com PETCO Animal Supplies 9125 Rehco Road San Diego, CA 92121 1-888-824-7257 petco.com Northgate Veterinary Supply 4140 Redwood Highway San Raphael, CA 94903 1-888-364-2243 northqatevetsu pply.com JB Wholesale Pet Supplies 5 Raritan Road Oakland, NJ 07436 1-800-526-0388 ibpet.com Cedar River Labs PO Box 1462 Mason City, IA 50402 1-800-323-4858 cedarriverlaboratories.com Health Tech Prof Prod Inc 3590 Buchannan Avenue Riverside, CA 92503 1-800-424-7536 htproducts.net Dr. Foster and Smith 2253 Air Park Road PO Box 100 Rhinelander, WI 54501 1-800-381-7179 drsfostersmith.com The Mason Company 260 Depot Street Leesburg, OH 45135 1-800-543-5567 masonco.com Shor-Line 511 Osage Avenue Kansas City, KS 66105 1-800444-1579 shor-line.com T Kennel 415 Osage Avenue Kansas City, KS 66105 1-800-377-7103 tkenneLcom Petmate PO Box 1248 Arlington, TX 76004 1-877-738-6283 petmate.com Mavron lnc 152 S. Zimmer Road. Warsaw, IN 46580 1-800-551-1498 mavron.com Tomahawk Live Trap PO Box 323 Tomahawk, WI 54487 1-800-272-8727 livetrap.com C Specialties lnc PO Box 68591 Indianapolis, IN 1-800-234-5330 ccspecialties.com Tri-Tronics Inc P.O. Box 17660 Tuscon, AZ 85731 1-800-456-4343 tritronics.com Swab Wagon Co One Chestnut Avenue Elizabethville, PA 17023 800-834-7922 swabwaqon.com Pet Smart, Inc 19601 N. 27th Avenue Phoenix, AZ 85027 1-623-580-6100 petsmart.com Noahspets.com Ridglan Animal Care PO Box 287 Mt. Horeb, WI 53572 1-800-338-3178 racs.net Nelson Manufacturing 3049 12th Street SW Cedar Rapids, IA 52404 1-888-844-6606 nelsonmfq.com 36 Section 3 Forms 37 DL-I 8(Rev 9/08) New York State Department of Agriculture and Markets Division of Animal Industry, Dog Licensing Unit I0B Airline Drive, Albm~y, NY 12235 DOG SEIZURE AND DISPOSITION REPORT Report g Distribution: ©rigmal - DCO/Seizing Officer, Copy 1 - Municipality, Copy 2 - Shelter, Last Copy - Owner/Adopter 1. City/Town/Village: County: Description of Dog Seized: License Tag No Breed: Sex: Color: Age: Owner of Record: Owner Address: , NY Date of Seizure: Reason for Seizure: Comments: Time of SeLzure: Location of Seizure: No of Impoundments in prat 12 mos (include this one):.__ 2, Disposition Instructions If Dog Not Redeemed At expiration of the day redemption period, above described dog is available for adoption on _(date) If not adopted by .(date), the dog shall be humanely euthathzed 3. SignatureofDCOor Seizing Officer Date: 4. I hereby acknowledge receipt of above described dog (Signatures required balow): Shelter Agent Date __ Seconda~ Shelter Agent. Date__ 5. [] REDEMPTION - Impoundment Fees Must Be Collected and Dog Must Have Valid License Before Being Returned to Owner. Impoundment fees are due for__ days Impoundment fees have been received in the amount of $ I hereby certify that this dog has been licensed pursuant to the provisions of Article 7 of the Agriculture and Markets Law NY State License Tag Number NY City License Tag Number (If applicable) Out of State License Tag Number (If applicable) Signature & Title of DCO/Clerk/Shelter Agent Date SA. I acknowledge receipt of above described dog: Date Signature of Owner Print Name, Address and Phone # of Owner 6. ~ ADOPTION - All Dogs Must Be Licensed Prior to Release. I hereby certify that the dog has been licensed pursuant to the provisions of Article 7 of the Agriculture and Markets Law. License tag number Adoption fees have been received in the amount ors and all local adoption requirements have been complied with 6A. Signature and Title of DCO/ClerL~Shelter Agent Date Adomion Release. Waiver and Disclosure I hereby accept possession and title of the dog identified above to be harbored as a pet at my own risk, and hereby release and waive any right against the (muthalpaliVy) which ! may have now or in the f~ture for any damages to person or property caused by said dog. No claims or representations as to the behavior or temperament of adoptsd animals are made by the municipality 6B. Signature of Adopte( Date Print Name, Address and Phone g of Adopter_ Signature of Witness 7. [] EUTHANASIA - Must Be Performed in Accordance with AVMA Guidelines on Euthanasia and Article 26 of the NYS Agriculture and Markets Law Signature of person performing euthanasia Date of euthanasia 8. NOTIFICATION OF SEIZURE (complete only for an identified dog and deliver or mag copy to owner of record) This is to notify you that a dog, identified as belonging to you or hearing a NYS ID Tag No. was seized by (name) , a (title). of the of in the county of , New York and was impounded at (shelter} located at Telephone on .20 (check if applicable) Dog was in distress at time of seizure Please contact the DCO immediately Emergency phone # is __ If notification is personally given, such dog shall be held for a period of days afier day of notice. Date and time of notification .2{) at a.m or pm __ If notification is by mail, such dog shall be held for a period of days from date of mailing. Date of mailing The dog may be redeemed by the owner during the period specified by paying the appropriate impoundment fees to the seizing municipality and producing proof that the dog has been properly licensed and identified Hours and days for redemptinn are if not redeemed, the owner forfeits title to the dog and the dog shall be made available for adoption or humanely euthanized (Section 118, Article 7 of the Agriculture and Markets Law) (see reverse for instructions) INSTRUCTIONS FOR COMPLETION OF DL-18 Original - DCO/Seizing Officer Copy 1 - Top Section: Municipality - Bottom Section: Owner of record of identified dog Copy 2 - Shelter Last Copy - Owner/Adopter Seizing Officer Section 1 - DCO or other authorized official enters requested dog identification and seizure information. Section 2 - Seizing officer must indicate the intended disposition of the dog following the appropriate redemption period. Section 3 - Enter signature of DCO or seizing officer and date seized. Section 4 - Enter signature of shelter agent acknowledging receipt of dog and date. Section 8 - Complete this section only for identified dogs. Deliver or mail copy to owner of record. Redemption periods must be adjusted to reflect the method of notification as directed in section 118, Article 7 of the Agriculture and Markets Law. Disposition of Do~ (Sections 5~ 6~ & 7) DCO, Town CIerk or authorized shelter agent completes the following sections as appropriate. Section 5 - This section is completed if dog is redeemed by owner. Proof of licensure and payment of redemption fee is certified by the signature of the DCO or Town Clerk. Section 5A - Enter the date and signature of owner. Print name, address and phone # of owner. Section 6 - This section is completed if the dog is adopted at the expiration of the required holding period. Proof of l icensure and payment of adoption fee (if applicable) is certified by the signature of the DCO or Town Clerk (6A). Section 6B - Enter the date and signature of person adopting dog. Print name, address and phone # of adopter. Section 7 - This section is completed if the dog is euthanized at the expiration of the required holding period. The signature of the person performing the euthanasia is required. Enter the date euthanized. State of New York, County of City, Town Village of NYS DEPT. OF AGRICULTURE & MARKETS DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DRIVE -ALBANY, NY 12235 518-457-2728 ORDER TO SEIZE A DOG The Defendant against County of Court of the City, Town, Village of , NY To County of Complaint having been made that the above named defendant [] Harbors a dog within the meaning of Sub. 4, Sec. 121 of the Agriculture and Markets Law. [] Failed to destroy and securely confine a dog which has been determined to be dangerous within the meaning of Sub. 4, Sec. 121 of the Agriculture and Markets Law. [] Other: Said dog is a, ID No. Dog Control/Peace Officer City, Town, Village of , NY. defendant, and hold, care for within the meaning of sex , known as age and harbored at , NY. Now therefore, pursuant to the authority found in Article 7 of the Agriculture and Markets Law of the State of New York or , you are hereby ordered to seize the said dog so harbored by the said or dispose of said dog pursuant of the provisions of Article 7. City, Town, Village of , Judge or Justice Dated ,20__ COMPLETE THREE COPIES: ORIGINAL COPY/DEFENDANT G:~ADMIN\FORMS\DLFORMS\DL39.doc (rev. 2/07) 2ND COPY/COURT 3RD COPY/SEIZING OFFICER DL-41 (Rev 8/08) DANGEROUS DOG COMPLAINT UNDER SECTION 121 OF THE AGRICULTURJE AND MARKETS LAW To Justice or Judge To Dog Control Officer City Town of County of Village Copies- 1 DCO 1 - Complainant I - Justice or Judge N.Y. comes and makes complaint (Complainant's Name and Address) under the provisions of Section I21 of the Agriculture and Markets Law that a dog owned by (Owner's Name and Address) of said city, town, village is a dangerous dog in that said dog did at said town on the day of ,20 , aRack* *Fill in the particular act complained of, bringing the case within the provisions of said Section 121. GIVE DOG'S LICENSE NUMBER. Wherefore the complainant asks that said dog be dealt with as provided in Section 121 of the Agriculture and Markets Law of the State of New York. Verification by Subscription And Notice Under Penal Law Section 210.45 It is a crime, punishable as a Class A Misdemeanor under the laws of the State of New York, for a person, in and by a written instrument, to knowingly make a false statement, or to make a statement which such person does not believe to be true. Affirmed under penalty of perjury this day of ,20 Dated at ., N.Y. this day of ,20 __ (Complainant Signature) If complaint is made to a Dog Control Officer, such officer shall immediately inform the complainant of his right to commence a proceeding as provided in subdivision two of Section 121 of the Agriculture and Markets Law and, if there is a reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself by completing the following: To: Justice or Judge of the of County of , N.Y. I, Dog Control Officer of the city/town/village of County of , N.Y. based on the foregoing affirmed complaint of conclude there is reason to believe the aforesaid dog owned by the above named dog owner is a dangerous dog and ask that said dog be dealt with as provided in Section 121 of the Agriculture and Markets Law of the State of New York. Affirmed under penalty of perjury this day of ,20 __ (Signature of Dog Control Officer) DL-42 (REV. 8/08) NOTICE OF HEARING Copies- TO OWNER OF DOG UNDER SECTION 121 OF THE AGRICULTURE AND MARKETS LAW I - Dog Owner 1 - DCO 1 - Justice or Judge To Address This is to notify you that a complaint has been filed with the undersigned pursuant to the provisions of Section 121 of the Agriculture and Markets Law, alleging that a dog owned by you is a dangerous dog in that said dog did at the City, Town, Village of , County of , N.Y.* Further, take notice that a hearing on said complaint will be held at (Location of Hearing) City in said Town, on the day of ,20 , at M** Village Dated at , N.Y. this day of _, 20 __ (Justice or Judge) *Fill in the particular act complained of, bringing the case within the provisions of said Section 121. GWE DOG LICENSE NUMBER **Date fixed for the hearing shall be within five days of the receipt of the complaint. Wrirten notice of not.less than two days must be given to the owner. County of. City Town of Village SS.: I hereby certify that on the day of ,20 , I served the foregoing notice on the person to whom the same is directed by delivering to and leaving with him personally a true copy thereof. Fee $ (Signature and Official Title) DL-43 (KEV. 8/08) DANGEROUS DOG DISPOSITION ORDER UNDER THE PROVISIONS OF SECTION 121 OF THE AGRICULTURE AND MARKETS LAW City Town of Village County of SS.: Complaint having been made to the undersigned by 20 ,a~ack* County of. Copies- I - Dog Owner 1 - DCO 1 - Justice or Judge 1 -Dept. of Ag & Mkts that a dog owned by is a dangerous dog in that said dog did at the City, Town, Village of on the day of and a written notice of not less than two days having been duly given to said owner stating the time and place when the hearing on said complaint would be held, and such hearing been held at said time and place, and the undersigned being satisfied aRer investigation that such complaint is true, and that such dog is a dangerous dog, it is hereby ordered that said owner shall** Dated at ., N.Y. this day of ,20 (Municipal Judge or Justice) *Fill in the particular act complained of bringing the case within the provisions of said Section 121. **Insert at this point, the Judge's/Justice's determination as specified in subdivisions 2 and 3 of Section 121. License Number To OWNER OF DOG Microchip Number Please take notice of the foregoing copy of my order dated ., 20 __ Further, take notice, that if you fail to follow the provisions set forth by this order, you wilI be in violation of Section 119 of the Agriculture and Markets Law and subject to the penalty set forth in said Section 119. Dated at _, N.Y. this __ day of ,20 __ City Town of Village County of SS.: (Municipal Judge or Justice) I hereby certify that on the day of ,20 , I served the within order and notice on the dog owner named therein and the person to whom the same is directed by delivering to and leaving with him personally true copies of said order and notice. Fee $ (Signature and Official Title) NOTE: 1NYCRR, PART 78, section 78.6 requires that upon a finding by a judge or justice that a dog is a dangerous dog, the Judge or justice shall notify the commissioner of such finding. Filing a copy of this order with the Commissioner of Agriculture and Markets, 10B Airline Drive, Albany, N.Y. 12235 fulfills this requirement. ~onth of MUNICIPAL SHELTER AND/OR DCO Town DOG CONTROL RECORD city o! Vill~g~ County of , N,Y, DOO or ID Tag HumOr :~eason , ~ ~ ~. ~ ~ Disp~- Re~:ieemed, Adopte~ Shelter and Breed ~ Color(s} Approx. For Date; Nme and Loc~llon el Seizure i ~ ~ .~ ~, · F~s ~ ~. sition or Control Tatloo Number co Age Seizure ~-~ Paid ~ = ~' E Date FlequisitJoned Dy · SEIZURE CODE: 1. Untdenfi~ed (Sec. 119 A & M Law) 4~. Violation Deer Quarantine (Sec. 119 A & M Law) 7. Court Order 2. Unlicensed (Sec. 119 A & M L~,w) 5. Violation Night Quarantine (Sec. 119 A & M Law) 8: Ot~er 3. Dangerous Dog (Sec. 119 & 121 A & M Law) 6. Violation Local Law ,. Page of__ Prepared By Title Phone Number Date Submii~ed (Month/Day/Year) APC-7 (4/02) State of New York DEPARTMENT OF AGRICULTURE AND MARKETS COMPANION ANIMAL UNIT 10B Airline Drive--Albany, NY 12235 (518) 457-2728/FAX (518) 485-7773 UNREDEEMED SPAY/NEUTER DEPOSITS REPORT NOTE: This report is filed pursuant to Section-377a of the Agriculture & Markets Law. Animal Adopting Agency Information Name: Address: Count: Period Covered TOTAL CHECK AMOUNT $ FROM: / / TO: / / Receipt Number Name of Person Adopting Animal Date Adopted Amount of Deposit Page Total DL-23 (Rev11/08) NYS DEPARTMENT OF AGRICULTURE & MARKETS DIVISION OF ANIMAL INDUSTRY - DOG LICENSING UNIT 10B AIRLINE DRIVE, ALBANY, NY 12235 (518-457-2728) (FAX- 518-485-7773) SUPPLY REQUEST FOR DOG LICENSE AND DOG CONTROL FORMS County of /Code __ ClTN of /Code __ Date Ordered by: Name Title Send to: Phone Number: Address: NY (NOTE: Give full address, with RD and/or street address. Pest Office Box numbers cannot be used for shipping.) FORMS/ENVELOPES Dog License (combines DL1, lA and 2A) Notification of Local License Fee Dog License Monthly Report Dog License Monthly Report Nassau County Dog License Tags T/CN Code List Assessor's Rpt. of Appraisal in Dog Dam, Claim Assignment of Covering Claim to County Assessor's Report of Damage Due to Rabies Purebred Licenses (numbered) Purebred Licenses Renewal Application for Purebred License Dog Seizure & Disposition Report Supply Req. for DL & Dog Control Forms Order for Replacement Tags Monthly Report Envelopes (pre-addressed) Affidavit for Spayed or Neutered Dog Order to Seize a Dog Dangerous Dog Complaint Notice of Hearing Dangerous Dog Disposition Order Municipal Shelter/DCO Control Record Municipal Officers List Exempt Dog Training/Certification Affidavit Official Guide, Hearing & Service Dog Tag order Status Change Report Return Envelopes (pre-addressed) Instructions for Dog License Renewal (DL-2) Instructions for Completing DL-4 Sample Local Dog Ordinance Instructions for Replacement & PB Tags Instructions for Issuing PB Licenses & Renewals Instructions for Issuing Dog Licenses (DL-I) Love Me License Me Brochure Love Me License Me Posters Circular 950 - Article 7 (State Dog Law) Circular 916 - Article 26 (Cruelty to Animals) DCO and Shelter Manual Clerk's Manual USED BY Clerk/Shelter Clerk Clerk Clerk Clerk Clerk Assessor Assessor Assessor Clerk Clerk Clerk DCO-CIk-Shelter Clerk Clerk Clerks Clerk Justice DCO & Justice Justice Justice DCO & Shelter Clerks Clerk Clerk Clerk Clerks INSTRUCTIONS Clerk Clerk Clerk Clerk Clerk CIRCULARS UNIT 50/pad Each ;:¢FORM DL-1 DL-3 Each DL-4 50/pad DL-4A Box of 100 Each Each Each Each Each Each Each 25/pad Each Tags DL-12 DL-12A DL12-R DL-15 DL-15A DL-37 DL-18 DL-23 Each DL-32 Each Green DL-33 50/pad 50/pad 15/pad 50/pad Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each DL-39 DL41,42,43 DL-87 DL-68 DL-122 DL-123 DL-131 DL-72 DL-74 DL-93 DL-95 DL-96 DL-98 ! AMT~REQ._ 7