NY Agric & Mkts L § 109 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 7 - Licensing, Identification and Control of Dogs 109 - Licensing of Dogs Required; Rabies Vaccination Required.

§ 109. Licensing of dogs required; rabies vaccination required. 1. (a) The  owner  of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large,  or that  is  residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or  village,  duly incorporated  society  for  the  prevention  of cruelty to animals, duly incorporated  humane  society  or  duly  incorporated   dog   protective association. Except as otherwise provided in this subdivision, a license shall  be issued or renewed for a period of at least one year, provided, that no license shall be issued for a period expiring after the last day of the eleventh month following  the  expiration  date  of  the  current rabies certificate for the dog being licensed. All licenses shall expire on  the  last  day  of  the  last month of the period for which they are issued. In the event an applicant for a license presents, in lieu  of  a rabies certificate, a statement certified by a licensed veterinarian, as provided  in  subdivision two of this section, a license shall be issued or renewed for a period of one year from the date of said statement. Any municipality may establish a common renewal date for all such  licenses. A license issued by a municipality that has established a common renewal date  shall  expire  no  later than the common renewal date prior to the expiration date of the rabies certificate for the dog being licensed.  (b) Application for a dog license shall be made to the  clerk  of  the town,  city,  or  county  or, in the counties of Nassau and Westchester, incorporated village in which the dog is  harbored  or  to  the  village clerk  of  those villages in the county of Rockland with a population of fifteen thousand or more  which  have  elected  to  accept  applications pursuant  to the provisions of this paragraph or to the village clerk of the village of Newark in the county of Wayne upon the  election  of  the village  of  Newark  pursuant  to  the  provisions  of  this  paragraph. Provided, however, that in the counties of Nassau and  Westchester,  the board  of trustees of any incorporated village may by resolution provide that applications for licenses shall no longer be made  to  the  village clerk,  but  to  the clerk of the town in which the village is situated. Provided further, however, that in the county of Rockland, the board  of trustees  of  any  incorporated  village  with  a  population of fifteen thousand or more may by resolution provide that application for licenses shall be made to the village clerk. Provided further, however,  that  in the  county of Wayne, the board of trustees of the village of Newark may by resolution provide that application for licenses shall be made to the village  clerk.  Provided  further,  however,  that  in  the  county  of Montgomery,  the  board of trustees of the village of St. Johnsville may by resolution provide that application for licenses shall be made to the village clerk. The governing body  of  any  town  or  city  or,  in  the counties  of  Nassau  and  Westchester,  incorporated  village or in the county of Rockland, those villages with a population of fifteen thousand or more which have so elected to accept applications, in the  county  of Wayne,  the  village  of Newark if such village has so elected to accept applications or, in  the  county  of  Montgomery,  the  village  of  St. Johnsville if such village has so elected to accept applications may, on resolution  of such body, authorize that such application be made to one or more named dog control officers of any such town,  city  or  village. The  issuance  of  any  license  by  any such officer shall be under the control and supervision of the clerk. In the case of a seized dog  being redeemed  or a dog being otherwise obtained from a county animal shelter or pound, such application may be made to the county dog control officer in charge of such facility. In the case of a dog being redeemed or a dog being adopted  from  a  shelter  or  pound  established,  maintained  or  contracted  for,  pursuant  to  section  one  hundred  fourteen  of this article, such application may be made to the manager of  such  facility, provided  such  manager has been authorized by the municipality in which the   prospective   owner  resides  to  accept  such  application.  Such authorization shall be requested by the governing body of the  pound  or shelter and the granting or denial of such authorization shall be in the discretion of the municipality in which the prospective owner resides.  (c)  The  application  shall state the sex, actual or approximate age, breed, color, and municipal identification number of the dog, and  other identification  marks,  if any, and the name, address, telephone number, county  and  town,  city  or  village  of  residence   of   the   owner. Municipalities   may   also   require  additional  information  on  such application as deemed appropriate.  (d) The application shall be accompanied by the license fee prescribed by section one hundred ten of this article and a certificate  of  rabies vaccination or statement in lieu thereof, as required by subdivision two of  this  section.  In  the  case  of  a  spayed  or neutered dog, every application shall also be accompanied  by  a  certificate  signed  by  a licensed  veterinarian or an affidavit signed by the owner, showing that the dog has been  spayed  or  neutered,  provided  such  certificate  or affidavit  shall not be required if the same is already on file with the clerk or authorized dog control officer. In lieu of the spay  or  neuter certificate  an  owner  may  present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be  endangered  by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in subdivision one of section one hundred ten of this article.  (e)  Upon  validation  by the clerk, authorized dog control officer or authorized pound or shelter manager,  the  application  shall  become  a license for the dog described therein.  (f)  The  clerk, authorized dog control officer or authorized pound or shelter manager shall: (i) provide a copy of the license to  the  owner; (ii)  retain  a  record of the license that shall be made available upon request to the commissioner for purposes  of  rabies  and  other  animal disease  control  efforts and actions. In addition, the authorized pound or shelter manager shall send, within forty-eight hours of validation, a copy of the license to the licensing municipality within which  the  dog is to be harbored.  (g)  No  license shall be transferable. Upon the transfer of ownership of any dog, the new owner  shall  immediately  make  application  for  a license for such dog.  (h)  Notwithstanding  the  provisions of any general, special or local law, or any rule or regulation to the contrary,  the  clerk,  authorized dog   control   officer  or  authorized  pound  or  shelter  manager  in municipalities having a population of less  than  one  hundred  thousand shall  within  five  business days after the license has been validated, send a copy of the validated license to the  licensing  municipality  in which the dog is to be harbored.   2.  The  clerk,  authorized dog control officer or authorized pound or shelter manager, at the time of issuing any  license  pursuant  to  this article, shall require the applicant to present a statement certified by a  licensed  veterinarian  showing  that  the  dog  or  dogs  have  been vaccinated to prevent rabies or, in lieu thereof, a statement  certified by  a  licensed  veterinarian stating that because of old age or another reason, the life  of  the  dog  or  dogs  would  be  endangered  by  the administration  of vaccine. The clerk, authorized dog control officer or authorized pound or shelter manager shall make or cause to be made  from  such  statement  a record of such information and shall file such record with a copy of the license. Such records shall be made available to  the commissioner  upon  request  for rabies and other animal disease control efforts.   3.  Municipalities  may  provide for the establishment and issuance of purebred licenses and, in the event they do so, shall  provide  for  the assessment  of a surcharge of at least three dollars for the purposes of carrying out animal population control efforts as  provided  in  section one  hundred  seventeen-a  of  this  article. Municipalities which issue purebred  licenses  shall  remit  such  surcharge   collected   to   the commissioner.