§ 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.