2003-047RESOLUTION NG. 2J, (3 y 7
RESOLUTION APPROVING EXECUTION OF VETERINARY SERVICES AGREEMENT
WITH THE ANIMAL HOSPITAL OF WAPPINGERS FALLS
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the
day of January, 2002, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor -
Councilmen -
ABSENT:
Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
The following Resolution was introduced by Mr. Paoloni and seconded by
Mr. Colsey
WHEREAS, the Town Dog Control Officer, Jerry Owen, is empowered to seize dogs in
accordance with the provisions of Agriculture and Markets Law § 118; and
WHEREAS, in accordance with Agriculture and Markets Law § 115, the Town Board
wishes to establish a shelter for dogs seized by the Town Dog Control Officer; and
WHEREAS, Daniel J. Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers
Falls, (hereinafter referred to "HOSPITAL") maintains a kennel for boarding of dogs and other
animals at its office located at 79 Myers Corners Road, Wappingers Falls, New York 12590; and
O:\WAPPINGE\Town Board\RESOLUTION\DogWardenK.doc
-- WHEREAS, the Town Board wishes to enter into a Veterinary Service Agreement with
HOSPITAL for the purposes of leasing of cages for shelter of dogs and other animals and for
providing other veterinary services required by the Town.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town of Wappinger hereby approves and authorizes the Supervisor to
execute the Veterinary Service Agreement between the Town of Wappinger and Daniel J.
Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers Falls, in the form attached hereto
and made part hereof as Exhibit "l".
3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the
Veterinary Service Agreement on behalf of the Town of Wappinger, for the term commencing
immediately and terminating upon thirty (30) day written notice by a party in accordance with
the conditions contained with Paragraph 10 of Exhibit "I".
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
CHRISTOPHER J. COLSEY, Councilman
Dated: Wappingers F lls, New York
January r , 003
Voting Aye
Voting Aye
Voting Aye
Voting Aye
Voting Aye
The Resolution is hereby duly
i1
r
GLORIA J. MORS /
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adopted.
AGREEMENT
THIS AGREEMENT, made this _ day of January, 2003 by and between the
following:
TOWN OF WAPPINGER,
A Municipal Corporation,
with offices at Town Hall, 20 Middlebush Road, P.O. Box 324,
Wappingers Falls, New York 12590,
hereinafter referred to as "TOWN"
and
DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a
ANIMAL HOSPITAL OF WAPPINGERS FALLS,
with offices located at 79 Myers Corners Road,
Wappingers Falls, New York 12590,
hereinafter referred to as the "HOSPITAL"
WITNESSETH:
WHEREAS, the TOWN wishes to establish a shelter for the dogs seized by the
TOWN Dog Control Officer pursuant to of Agriculture and Markets Law § 115; and
WHEREAS, the TOWN wishes to lease by this Agreement certain kennels from
the HOSPITAL for the purposes of providing shelter for dogs impounded by the TOWN
Dog Control Officer and to otherwise satisfy its obligations under the provisions of the
Agriculture and Markets Law; and
WHEREAS, the parties desire to have the HOSPITAL perform certain services
hereinafter defined while dogs are confined to said kennels; and
WHEREAS, the HOSPITAL maintains a kennel for the boarding of dogs, cats
and other animals located at 79 Myers Corners Road, Wappingers Falls, New York
12590, hereinafter referred to as the PREMISES; and
WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
WHEREAS, the TOWN seeks to safeguard the health, safety and welfare of its
residents through immunization and mandatory spay/neuter of dogs and other animals, as
well as euthanasia as necessary, pursuant to Agriculture and Markets Law §377-a.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. Recitations.
The recitations above set forth are incorporated in this Agreement as if
fully set forth and adopted herein.
2. Lease of Cages/ Rent.
A. Cages. The HOSPITAL hereby leases to the TOWN, and the
TOWN hereby leases from the HOSPITAL, eight (8) cages for dogs seized by the
TOWN Dog Control Officer situated in an existing kennel building of the HOSPITAL at
the PREMISES. Said leased kennels are to be labeled "Leased by the Town of
Wappinger." The HOSPITAL shall keep such cages reasonably sanitary and clean and
shall assume that each animal brought to the PREMISES by the TOWN Dog Control
Officer is properly sheltered, fed and watered for the redemption period specified in §68-
8 of the Code of the Town of Wappinger.
B. Rent. The annual rent shall be Six Thousand Dollars ($6,000)
which the TOWN will pay to the HOSPITAL in equal monthly installments in the sum of
Five Hundred Dollars ($500) per month payable on the first of each month following the
execution of this Agreement.
O:\W'APPINGE\To,A,n Board \DogWardenAgt\AGREEMENT. doc
3. Shelter of Animals.
A. Unlicensed and Unidentified Animals. All unlicensed or
unidentified animals, except cats, brought to the PREMISES by the TOWN Dog Control
Officer shall be kept at the PREMISES for five (5) days, unless:
i. the TOWN requests that the HOSPITAL hold an animal
for a longer period,
ii. the animal is redeemed by its owner before the
expiration of the redemption period,
iii. the fifth day falls on a day that the HOSPITAL is not
open for business, or
iv. the Dog Control Officer fails to pick up the animal
before the close of the HOSPITAL'S business day.
v. Cats shall be kept for one (1) day.
B. Licensed Animals. All licensed animals brought to the
PREMISES by the TOWN Dog Control Officer shall be kept at the HOSPITAL'S
PREMISES for a period of seven (7) days, unless:
i. the TOWN requests that the HOSPITAL hold an animal
for a longer period,
ii. the animal is redeemed by its owner before the
expiration of the redemption period,
Ili. the seventh day falls on a day that the HOSPITAL is
not open for business, or
3
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iv. the Dog Control Officer fails to pick up the animal
before the close of the HOSPITAL'S business day.
C. Adoption. At the expiration of the above mentioned
periods of redemption, the owner shall forfeit title to any animal unredeemed and said
animal shall than be made available for adoption or euthanasia pursuant to Agriculture
and Markets Law and §68-9 of the Town Code.
4. Fees and Charges.
A. Boarding Rates. The daily boarding rate per dog,
notwithstanding the size of animal, shall be $9 per diem. The daily boarding rate per cat,
notwithstanding the size of animal, shall be $6 per diem.
B. Euthanasia and Cremation. The HOSPITAL shall be paid for
euthanazing or cremating an animal in accordance with the following schedule:
i. Euthanasia Charge:
• Fora Dog: $10
• For a Cat: $10
ii. Cremation Charge:
• For a Dog:
25 pounds - $20
26-50 pounds - $25
50-75 pounds - $35
76 — 100 pounds - $45
Over 100 pounds - $65
• For a Cat: $20, notwithstanding the size of animal
WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doe
C. Inoculations. All dogs admitted to the HOSPITAL shall be
vaccinated against canine -distemper; infectious bronchitis and rabies. The TOWN shall
be responsible for the costs of the following vaccinations:
i. Rabies: $20
ii. DHL-PPVC: $20
iii. Bordatella: $10
iv. Fecal Exam: $14
V. Heartworm test: $15
D. Other fees. In the event an animal requires treatment other than
identified herein and such treatment is approved by the Dog Control Officer and/ or
Town Supervisor, the HOSPITAL shall charge the Town seventy-five (75%) of the rate
normally charged by the HOSPITAL for such treatment.
5. Pavment of Costs Prior to Adoption/ Redemption of Animals.
The redemption (recovery) of animals by their owners shall be processed
and all fines, fees and costs shall be collected by the TOWN prior to redemption or
adoption of an animal in accordance with the requirements of the Agriculture and
Markets Law as well as the provisions of Chapter 68 of the Town Code. The HOSPITAL
shall be authorized to release identified animals to the owner upon proof of ownership
and upon proof of payment by the owner of all fines, fees and costs of impoundment
together with the costs of medical treatment and costs of licensing fees, if any. Fees and
costs charged by the HOSPITAL shall be transmitted to the Town Clerk by monthly
invoices together with such other documentation as prescribed by the Town Comptroller.
Upon payment of such fees and costs, the Town Clerk shall notify the HOSPITAL in
5
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writing thereby authorizing the HOSPITAL to release the animal to the owner. No
animal shall be released unless the owner has a current and valid license for such animal.
If no such current and valid license exists, a license must be purchased as a precondition
of redemption of said animal.
6. Adoption.
A. The HOSPITAL shall arrange for the adoption of dogs upon
payment of all outstanding fines, fees and costs by the person(s) seeking the adoption of
said dog(s). All unidentified dogs are to be eligible for adoption on the sixth day from
impoundment. Identified or claimed dogs are to be eligible for adoption on the eighth day
following notification of impoundment to the owner. The HOSPITAL may also adopt for
its own purposes any impounded dogs after the same prescribed periods and upon
payment by the HOSPITAL of all outstanding fees and costs.
B. Pursuant to §377-a of the New York State Agriculture and Markets
Law attached hereto and made a part hereof as Exhibit "A", the HOSPITAL further
agrees not to release a cat or dog for adoption to any person unless prior thereto either:
1. the dog or cat has been spayed or neutered; or
2. the person intending to adopt the dog or cat shall have
executed a written agreement with the HOSPITAL
ensuring that the dog or cat will be spayed/neutered
within thirty (30) days from the adoption date, or in the
case of a dog or cat which has not reached sexual
maturity, within thirty (30) days following the dog or
cat reaching six (6) months of age. Written
6
WMAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
documentation must be made of adoption stating
adoption date, animal age, reproductive state and if a
Thirty Five Dollars ($35) refundable deposit was
collected. Any person seeking to adopt a dog or cat that
has not yet been spayed/neutered must further post a
refundable spay/neuter of Thirty Five Dollars ($35) in
conjunction with their written agreement with the
HOSPITAL ensuring that the dog or cat to be
spayed/neutered within thirty (30) days from the
adoption date or within thirty (30) days of the dog or
cat reaching six (6) months of age. Animals that may
not be spayed/ neutered within the time afforded by
§377-a of the Agriculture and Markets Law because of
advanced age or other health reasons shall be exempt
from such procedures upon certification from the
HOSPITAL that the animal has been examined and
surgery would endanger the life of said animal.
7. Payments.
The HOSPITAL shall paid for all services rendered pursuant to their
Agreement upon preparation of monthly invoices or vouchers approved by the TOWN
and upon review and audit by the Town Board or the Town Comptroller.
7
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S. Basic Care.
From time to time, when any of the kennels leased by the TOWN have
dogs, cats and other animals placed therein by the Dog Control Officer, the HOSPITAL
agrees to provide the following services for said animals:
1. provide daily food and water in accordance with accepted
practices;
2. maintain the kennel area in a clean and wholesome manner;
3. maintain shelter records of dogs/ animals received from the Dog
Control Officer.
9. Treatment of Young, Iniured or Ill Animals.
Injured or ill animals will be treated at the TOWN'S expense including
emergency medical treatment to dogs as the HOSPITAL, in its professional discretion.
deems appropriate, however, prolonged treatment will not be provided to dogs in a poor
state of health or to unidentified dogs that, in the HOSPITAL'S opinion, are unlikely to
be adopted. Further, distemper shots shall be administered to puppies which have a
reasonable prospect for adoption according to the opinion of the HOSPITAL. Unhealthy
litters will be euthanized at the discretion of the HOSPITAL. All services provided by
the HOSPITAL shall meet the minimum standards prescribed by applicable
governmental rules and regulations.
10. Term.
The term of this Agreement shall be for the period commencing on the
date hereof and shall continue until terminated by either party upon thirty (30) days
N
O:\WAPPINGE\Town Board\Dog WardenAgt\AGREEMENT.doc
16. Benefit.
This Agreement shall be binding upon inure to the benefit and burden of
and shall be enforceable by the parties and their respective successors and assigns.
17. Entire ALreement.
This Agreement constitutes the entire agreement among the parties hereto.
There are no other agreements, representations, or warranties beyond those that are set
forth herein. All prior negotiations, agreements and understandings are superceded
hereby. This Agreement may not be amended or revised except in writing by the parties
hereto.
IN WITNESS WHEREOF, the parties have reviewed, signed and accepted this
Agreement of the day and the year herein indicated.
Dated:
Dated:
WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
TOWN OF WAPPIN
Jo§6fbh Ruggiero,
DANIEL J. HANNIGAN, D.V.M., P.C.
d/b/a ANIMAL HOSPITAL OF
WAPPINGERS FALLS,
By:
Dr. Stephen Crew
MANDATORY SPAY/NEUTER OF ADOPTED ANIMALS
LAWS OF NEW YORK, 2001, CHAPTER 387
The mandatory spay/neuter of animals adopted from animal adopting
organizations was signed into law October 31, 2001, with the approval of the Governor.
It was passed by a majority vote, three-fifths being present, of the NYS Legislature and
was effective November 1, 2001.
Article 26 of the NYS Agriculture and Markets Law is amended by adding a
new section 377-a to read as follows:
§ 377-a. Spaying and neutering of dogs and cats. 1. The legislature finds that the
uncontrolled breeding of dogs and cats in the state results in an overabundance of
puppies and kittens. More puppies and kittens are produced than responsible homes
for them can be provided. This leads to many of such animals becoming stray and
suffering privation and death, being impounded and destroyed at great expense to the
community and constituting a public nuisance and health hazard. It is therefore
declared to be the public policy of New York state that every feasible humane means of
reducing the production of unwanted puppies and kittens be encouraged.
2. No animal shelter, pound, dog control officer. humane society, dog or cat protective
assOC;atior Or duly incorporated society "Cr the Drevention of crueft:' -c an;malS shall
release any cad or :;at ;o- aocDro c ani Dersor :Mess Dnor meretc
;a' Dnp cod or- cat las Geer scavec c- le'Eterec:
ib) the person intending to adopt the dog or cat snail nave executee a written
agreement with the animal shelter, pound, dog control officer, humane society, dog or
cat protective association, or duly incorporated society for the prevention of cruelty to
animals, to have the dog or cat spayed or neutered within thirty days from the adoption
date, or in the case of a dog or cat which has not yet reached sexual maturity, within
thirty days of the dog or cat reaching six months of age. The person intending to adopt
the dog or cat shall deposit with the animal shelter, pound, dog control officer, humane
society, dog or cat protective association, or duly incorporated society for the prevention
of cruelty to animals, an amount of not less than thirty-five dollars. Not more than every
two years, the commissioner, after holding a public hearing, may raise the amount to be
deposited to reflect rising costs; or
(c) the person intending to adopt the dog or cat shall have executed a written
agreement with the animal shelter, pound, dog control officer, humane society, dog or
cat protective association or society for the prevention of cruelty to animals to have the
dog or cat spayed or neutered within thirty days from the adoption date, or in the case of
a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or
cat reaching six months of age. The person intending to adopt the dog or cat shall have
paid an adoption fee which includes the cost of the spay or neuter prr edure. The
written agreement shall require that the animal shelter, pound, dog co;itrol officer,
humane society, dog or cat protective association or society for the prevention of cruelty
AGREEMENT
THIS AGREEMENT, made this day of January, 2003 by and between the
following:
TOWN OF WAPPINGER,
A Municipal Corporation,
with offices at Town Hall, 20 Middlebush Road, P.O. Box 324,
Wappingers Falls, New York 12590,
hereinafter referred to as "TOWN"
and
DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a
ANIMAL HOSPITAL OF WAPPINGERS FALLS,
with offices located at 79 Myers Corners Road,
Wappingers Falls, New York 12590,
hereinafter referred to as the "HOSPITAL"
WITNESSETH:
WHEREAS, the TOWN wishes to establish a shelter for the dogs seized by the
TOWN Dog Control Officer pursuant to of Agriculture and Markets Law § 115; and
WHEREAS, the TOWN wishes to lease by this Agreement certain kennels from
the HOSPITAL for the purposes of providing shelter for dogs impounded by the TOWN
Dog Control Officer and to otherwise satisfy its obligations under the provisions of the
Agriculture and Markets Law; and
WHEREAS, the parties desire to have the HOSPITAL perform certain services
hereinafter defined while dogs are confined to said kennels; and
WHEREAS, the HOSPITAL maintains a kennel for the boarding of dogs, cats
and other animals located at 79 Myers Corners Road, Wappingers Falls, New York
12590, hereinafter referred to as the PREMISES; and
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
WHEREAS, the TOWN seeks to safeguard the health, safety and welfare of its
residents through immunization and mandatory spay/neuter of dogs and other animals, as
well as euthanasia as necessary, pursuant to Agriculture and Markets Law §377-a.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
Recitations.
The recitations above set forth are incorporated in this Agreement as if
fully set forth and adopted herein.
2. Lease of Cayes/ Rent.
A. Cages. The HOSPITAL hereby leases to the TOWN, and the
TOWN hereby leases from the HOSPITAL, eight (8) cages for dogs seized by the
TOWN Dog Control Officer situated in an existing kennel building of the HOSPITAL at
the PREMISES. Said leased kennels are to be labeled "Leased by the Town of
Wappinger." The HOSPITAL shall keep such cages reasonably sanitary and clean and
shall assume that each animal brought to the PREMISES by the TOWN Dog Control
Officer is properly sheltered, fed and watered for the redemption period specified in §68-
8 of the Code of the Town of Wappinger.
B. Rent. The annual rent shall be Six Thousand Dollars ($6,000)
which the TOWN will pay to the HOSPITAL in equal monthly installments in the sum of
Five Hundred Dollars ($500) per month payable on the first of each month following the
execution of this Agreement.
2
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3. Shelter of Animals.
A. Unlicensed and Unidentified Animals. All unlicensed or
unidentified animals, except cats, brought to the PREMISES by the TOWN Dog Control
Officer shall be kept at the PREMISES for five (5) days, unless:
i. the TOWN requests that the HOSPITAL hold an animal
for a longer period,
ii. the animal is redeemed by its owner before the
expiration of the redemption period,
iii. the fifth day falls on a day that the HOSPITAL is not
open for business, or
iv. the Dog Control Officer fails to pick up the animal
before the close of the HOSPITAL'S business day.
v. Cats shall be kept for one (1) day.
B. Licensed Animals. All licensed animals brought to the
PREMISES by the TOWN Dog Control Officer shall be kept at the HOSPITAL'S
PREMISES for a period of seven (7) days, unless:
i. the TOWN requests that the HOSPITAL hold an animal
for a longer period,
ii. the animal is redeemed by its owner before the
expiration of the redemption period,
iii. the seventh day falls on a day that the HOSPITAL is
not open for business, or
3
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
iv. the Dog Control Officer fails to pick up the animal
before the close of the HOSPITAL'S business day.
C. Adoption. At the expiration of the above mentioned
periods of redemption, the owner shall forfeit title to any animal unredeemed and said
animal shall than be made available for adoption or euthanasia pursuant to Agriculture
and Markets Law and §68-9 of the Town Code.
4. Fees and Charges.
A. Boarding Rates. The daily boarding rate per dog,
notwithstanding the size of animal, shall be $9 per diem. The daily boarding rate per cat,
notwithstanding the size of animal, shall be $6 per diem.
B. Euthanasia and Cremation. The HOSPITAL shall be paid for
euthanazing or cremating an animal in accordance with the following schedule:
i. Euthanasia Charge:
• Fora Dog: $10
• Fora Cat: $10
ii. Cremation Charge:
• For a Dog:
25 pounds - $20
26-50 pounds - $25
50-75 pounds - $35
76 — 100 pounds - $45
Over 100 pounds - $65
• For a Cat: $20, notwithstanding the size of animal
2
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C. Inoculations. All dogs admitted to the HOSPITAL shall be
vaccinated against canine -distemper; infectious bronchitis and rabies. The TOWN shall
be responsible for the costs of the following vaccinations:
i. Rabies: $20
ii. DHL-PPVC: $20
iii. Bordatella: $10
iv. Fecal Exam: $14
V. Heartworm test: $15
D. Other fees. In the event an animal requires treatment other than
identified herein and such treatment is approved by the Dog Control Officer and/ or
Town Supervisor, the HOSPITAL shall charge the Town seventy-five (75%) of the rate
normally charged by the HOSPITAL for such treatment.
5. Payment of Costs Prior to Adoption/ Redemption of Animals.
The redemption (recovery) of animals by their owners shall be processed
and all fines, fees and costs shall be collected by the TOWN prior to redemption or
adoption of an animal in accordance with the requirements of the Agriculture and
Markets Law as well as the provisions of Chapter 68 of the Town Code. The HOSPITAL
shall be authorized to release identified animals to the owner upon proof of ownership
and upon proof of payment by the owner of all fines, fees and costs of impoundment
together with the costs of medical treatment and costs of licensing fees, if any. Fees and
costs charged by the HOSPITAL shall be transmitted to the Town Clerk by monthly
invoices together with such other documentation as prescribed by the Town Comptroller.
Upon payment of such fees and costs, the Town Clerk shall notify the HOSPITAL in
G
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
writing thereby authorizing the HOSPITAL to release the animal to the owner. No
animal shall be released unless the owner has a current and valid license for such animal.
If no such current and valid license exists, a license must be purchased as a precondition
of redemption of said animal.
6. Adoption.
A. The HOSPITAL shall arrange for the adoption of dogs upon
payment of all outstanding fines, fees and costs by the person(s) seeking the adoption of
said dog(s). All unidentified dogs are to be eligible for adoption on the sixth day from
impoundment. Identified or claimed dogs are to be eligible for adoption on the eighth day
following notification of impoundment to the owner. The HOSPITAL may also adopt for
its own purposes any impounded dogs after the same prescribed periods and upon
payment by the HOSPITAL of all outstanding fees and costs.
B. Pursuant to §377-a of the New York State Agriculture and Markets
Law attached hereto and made a part hereof as Exhibit "A", the HOSPITAL further
agrees not to release a cat or dog for adoption to any person unless prior thereto either:
1. the dog or cat has been spayed or neutered; or
2. the person intending to adopt the dog or cat shall have
executed a written agreement with the HOSPITAL
ensuring that the dog or cat will be spayed/neutered
within thirty (30) days from the adoption date, or in the
case of a dog or cat which has not reached sexual
maturity, within thirty (30) days following the dog or
cat reaching six (6) months of age. Written
C
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documentation must be made of adoption stating
adoption date, animal age, reproductive state and if a
Thirty Five Dollars ($35) refundable deposit was
collected. Any person seeking to adopt a dog or cat that
has not yet been spayed/neutered must further post a
refundable spay/neuter of Thirty Five Dollars ($35) in
conjunction with their written agreement with the
HOSPITAL ensuring that the dog or cat to be
spayed/neutered within thirty (30) days from the
adoption date or within thirty (30) days of the dog or
cat reaching six (6) months of age. Animals that may
not be spayed/neutered within the time afforded by
§377-a of the Agriculture and Markets Law because of
advanced age or other health reasons shall be exempt
from such procedures upon certification from the
HOSPITAL that the animal has been examined and
surgery would endanger the life of said animal.
7. Payments.
The HOSPITAL shall paid for all services rendered pursuant to their
Agreement upon preparation of monthly invoices or vouchers approved by the TOWN
and upon review and audit by the Town Board or the Town Comptroller.
7
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8. Basic Care.
From time to time, when any of the kennels leased by the TOWN have
dogs, cats and other animals placed therein by the Dog Control Officer, the HOSPITAL
agrees to provide the following services for said animals:
1. provide daily food and water in accordance with accepted
practices;
2. maintain the kennel area in a clean and wholesome manner;
maintain shelter records of dogs/ animals received from the Dog
Control Officer.
9. Treatment of Young, Injured or Ill Animals.
Injured or ill animals will be treated at the TOWN'S expense including
emergency medical treatment to dogs as the HOSPITAL, in its professional discretion,
deems appropriate, however, prolonged treatment will not be provided to dogs in a poor
state of health or to unidentified dogs that, in the HOSPITAL'S opinion, are unlikely to
be adopted. Further, distemper shots shall be administered to puppies which have a
reasonable prospect for adoption according to the opinion of the HOSPITAL. Unhealthy
litters will be euthanized at the discretion of the HOSPITAL. All services provided by
the HOSPITAL shall meet the minimum standards prescribed by applicable
governmental rules and regulations.
10. Term.
The term of this Agreement shall be for the period commencing on the
date hereof and shall continue until terminated by either party upon thirty (30) days
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
advance written notice to the other party in accordance with Paragraph 14 of this
Agreement.
11. Hours of Operation.
The TOWN through its Dog Control Office shall have access to the
kennels leased pursuant to this Agreement during the HOSPITAL'S normal business
hours: 7:30 a.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays; 7:30 a.m. to 6:00
p.m. on Thursdays and Fridays; 8:00 a.m. to 4 p.m. on Saturdays; and 9 a.m. to 12:00
p.m. on Sundays. The Dog Control Officer shall also be provided with a key to the
PREMISES allowing for access to the leased kennels after normal business hours.
12. Indemnification.
The HOSPITAL shall defend, indemnify and hold the TOWN, its
officials, officers and employees harmless from and against all actions, proceedings,
claims, damages, liabilities, losses and expenses including, without limitation, reasonable
attorney's fees arising out of the wrongful acts or admissions of the HOSPITAL. The
TOWN shall defend, indemnify and hold the HOSPITAL, its officials, officers and
employees harmless from and against all actions, proceedings, claims, damages,
liabilities, losses and expenses including, without limitation, reasonable attorney's fees
arising out of the wrongful acts or admissions of the TOWN.
13. Insurance.
During the term of this Agreement, the HOSPITAL shall maintain
comprehensive general liability insurance issued by carrier authorized to issue such
insurance in the State of New York with a Best Rating of "A" in the amount of at least
0
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doe
One Million Dollars ($1,000,000), naming the TOWN as an additional insured and
providing for at least thirty (30) days notice of cancellation.
14. Notices.
All notices and written communications between the parties to this
Agreement, except the HOSPITAL'S invoices/vouchers and TOWN'S remittances, shall
be deemed to have been delivered upon receipt or refusal of delivery of regular mail and
with a copy of same via facsimile to the following addresses:
If to the TOWN:
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Gloria Morse, Town Clerk
Facsimile No. 845-297-4558
and
If to the HOSPITAL:
Animal Hospital of Wappingers Falls
79 Myers Corners Road
Wappingers Falls, New York 12590
Attention: Dr. Stephen Crew
Facsimile No. 845-297-2402
Any party that wishes to change the address to which notice is to be sent may do
so by like notice. Any officially elected successor TOWN representative will be deemed
to have been changed as to this notice provision by virtue of his/ her assumption of their
office. All notices regarding defaults shall be transmitted by both mail and facsimile.
15. Applicable Law.
This Agreement shall be construed in accordance with the laws of the
State of New York.
10
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
16. Benefit.
This Agreement shall be binding upon inure to the benefit and burden of
and shall be enforceable by the parties and their respective successors and assigns.
17. Entire Agreement.
This Agreement constitutes the entire agreement among the parties hereto.
There are no other agreements, representations, or warranties beyond those that are set
forth herein. All prior negotiations, agreements and understandings are superceded
hereby. This Agreement may not be amended or revised except in writing by the parties
hereto.
IN WITNESS WHEREOF, the parties have reviewed, signed and accepted this
Agreement of the day and the year herein indicated.
Dated:
Dated:
O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc
TOWN OF WAPPIN
By: ' l
Jo h Ruggiero, S e 'sor
DANIEL J. HANNIGAN, D.V.M., P.C.
d/b/a ANIMAL HOSPITAL OF
WAPPINGERS FALLS,
By:
11
Dr. Stephen Crew
MANDATORY SPAY/NEUTER OF ADOPTED ANIMALS
LAWS OF NEW YORK, 2001, CHAPTER 387
The mandatory spay/neuter of animals adopted from animal adopting
organizations was signed into law October 31, 2001, with the approval of the Governor.
It was passed by a majority vote, three-fifths being present, of the NYS Legislature and
was effective November 1, 2001.
Article 26 of the NYS Agriculture and Markets Law is amended by adding a
new section 377-a to read as follows.
§ 377-a. Spaying and neutering of dogs and cats. 1. The legislature finds that the
uncontrolled breeding of dogs and cats in the state results in an overabundance of
puppies and kittens. More puppies and kittens are produced than responsible homes
for them can be provided. This leads to many of such animals becoming stray and
suffering privation and death, being impounded and destroyed at great expense to the
community and constituting a public nuisance and health hazard. It is therefore
declared to be the public policy of New York state that every feasible humane means of
reducing the production of unwanted puppies and kittens be encouraged.
2. 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; or
(b) the person intending to adopt the dog or cat shall have executed a written
agreement with the animal shelter, pound, dog control officer, humane society, dog or
cat protective association, or duly incorporated society for the prevention of cruelty to
animals, to have the dog or cat spayed or neutered within thirty days from the adoption
date, or in the case of a dog or cat which has not yet reached sexual maturity, within
thirty days of the dog or cat reaching six months of age. The person intending to adopt
the dog or cat shall deposit with the animal shelter, pound, dog control officer, humane
society, dog or cat protective association, or duly incorporated society for the prevention
of cruelty to animals, an amount of not less than thirty-five dollars. Not more than every
two years, the commissioner, after holding a public hearing, may raise the amount to be
deposited to reflect rising costs; or
(c) the person intending to adopt the dog or cat shall have executed a written
agreement with the animal shelter, pound, dog control officer, humane society, dog or
cat protective association or society for the prevention of cruelty to animals to have the
dog or cat spayed or neutered within thirty days from the adoption date, or in the case of
a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or
cat reaching six months of age. The person intending to adopt the dog or cat shall have
paid an adoption fee which includes the cost of the spay or neuter prr edure. The
written agreement shall require that the animal shelter, pound, dog control officer,
humane society, dog or cat protective association or society for the prevention of cruelty
to animals from which the dog or cat is adopted bear the cost of the spay or neuter
procedure.
3. For the purposes of this section, the age of the animal at the time of adoption shall
be determined by the animal shelter, pound, dog control officer, humane society, dog or
cat protective association, or duly incorporated society for the prevention of cruelty to
animals that releases the animal for adoption and such age shall be clearly written on
the written agreement by the animal shelter, pound, dog control officer, humane society,
dog or cat protective association, or duly incorporated society for the prevention of
cruelty to animals, prior to the agreement being executed by the person adopting the
animal.
4. Any deposit collected pursuant to paragraph (b) of subdivision two of this section that
is not claimed within ninety days of its collection, or if the deposit is for an animal under
six months of age, within sixty days after the animal has reached six months of age,
shall be deposited in the animal population control fund established pursuant to section
ninety-seven-xx of the state finance law. Deposits collected pursuant to paragraph (b)
of subdivision two of this section shall be refunded to the adopter upon presentation to
the animal shelter, pound, dog control officer, humane society, dog and cat protective
association, or duly incorporated society for the prevention of cruelty to animals of
written documentation from a licensed veterinarian that the dog or cat has been spayed
or neutered, provided that the animal has been spayed or neutered within the time
specified in the written agreement, or that because of old age or other health reasons,
as certified by a licensed veterinarian examining the dog or cat, spaying or neutering
would endanger the animal's life.
5. Nothing contained in this section shall prevent anv town. city. village n -r county in
New York state from enacting a local law or ordinance requiring that animal shelters,
pounds, dog control officers, humane societies, dog or cat protective associations and
duly incorporated societies for the prevention of cruelty to animals within such town,
city, village or county spay or neuter dogs and cats prior to releasing such animals for
adoption, provided that such local law or ordinance may require spaying or neutering at
an age earlier, but in no event later than that required in this section, except where
because of advanced age or other health reasons, as certified by a licensed
veterinarian who has examined the dog or cat, spaying or neutering would endanger the
life of the animal. A town, city, village or county in New York state that enacts such a
local law or ordinance shall be exempt from the provisions of this section.
Key Components of New Mandatory Spay/Neuter Law
1. Requires any cat or dog adopted from an organization (animal shelter, pound,
dog control officer, humane society, SPCA and dog or cat protective
association) to be spay/neutered prior to adoption OR
2. If not spayed/neutered or has not reached sexual maturity, person adopting must
post a refundable spay/neuter deposit of $35.00 and agree to spay/neuter animal
within 30 days of adoption (or 30 days of animal reaching 6 months of age)
♦ Written documentation must be made of adoption stating adoption date, animal
age, reproductive state and if the $35 refundable deposit.collected
♦ Animal's age determined by animal organization at time of adoption
♦ $35 deposit refunded when:
1. adopting owner presents written documentation from licensed vet that animal
has been spayed/neutered or
2. adopting owner presents written documentation from licensed vet that
because of age or other health reasons, s/n would endanger the animal's life
3. If adoption fee includes cost of s/n, $35 deposit not required if:
♦ Written agreement executed for s/n dog or cat within 30 days of adoption (or if
less than 6 months, with 30 days of reaching 6 months)
♦ Animal organization must bear the s/n procedure cost as owner already paid for it
in adoption fee
♦ Took effect November 1, 2001 (yes, it's already in effect)
♦ Unclaimed $35 deposits must be remitted to the Department and deposited in the
NYS Animal Population Control Program:
♦ For animals over 6 months — within 90 days of adoption and deposit collection
♦ For animals less than 6 months — within 60 days after the animal has reached 6
months of age
♦ Towns, cities, villages and counties allowed to enact local laws and ordinances
requiring can adopt local laws and ordinances requiring
♦ spaying and neutering at earlier age BUT
♦ cannot make a later age that required by this state law EXCEPT
♦ for animals which because of advanced age or other health reasons a licensed
veterinarian certifies that the animal has been examined and s/n surgery would
endanger life of animal.
to animals from which the dog or cat is adopted bear the cost of the spay or neuter
procedure.
3. For the purposes of this section, the age of the animal at the time of adoption shall
be determined by the animal shelter, pound, dog control officer, humane society, dog or
cat protective association, or duly incorporated society for the prevention of cruelty to
animals that releases the animal for adoption and such age shall be clearly written on
the written agreement by the animal shelter, pound, dog control officer, humane society,
dog or cat protective association, or duly incorporated society for the prevention of
cruelty to animals, prior to the agreement being executed by the person adopting the
animal.
4. Any deposit collected pursuant to paragraph (b) of subdivision two of this section that
is not claimed within ninety days of its collection, or if the deposit is for an animal under
six months of age, within sixty days after the animal has reached six months of age,
shall be deposited in the animal population control fund established pursuant to section
ninety-seven-xx of the state finance law. Deposits collected pursuant to paragraph (b)
of subdivision two of this section shall be refunded to the adopter upon presentation to
the animal shelter, pound, dog control officer, humane society, dog and cat protective
association, or duly incorporated society for the prevention of cruelty to animals of
written documentation from a licensed veterinarian that the dog or cat has been spayed
or neutered, provided that the animal has been spayed or neutered within the time
specified in the written agreement, or that because of old age or other health reasons,
as certified by a licensed veterinarian examining the dog or cat, spaying or neutering
would endanaer the animal's life.
!VcTrin_ �;=LaireC !r mis section 3i ail --revenl ars :cwr aid '�.IIaae
Ne,A. r": siaie -'ter' enactinc - !aw -rcirarCe-eQuirinc 'nczi ai ,! :a eiterc
pounas.:.og ccntroi officers, humane societies, cog or cat protective associations and
duly incorporated societies for the prevention of cruelty to animals within such town,
city, village or county spay or neuter dogs and cats prior to releasing such animals for
adoption, provided that such local law or ordinance may require spaying or neutering at
an age earlier, but in no event later than that required in this section, except where
because of advanced age or other health reasons, as certified by a licensed
veterinarian who has examined the dog or cat, spaying or neutering would endanger the
life of the animal. A town, city, village or county in New York state that enacts such a
local law or ordinance shall be exempt from the provisions of this section.
x
Key Components of New Mandatory Spay/Neuter Law
1. Requires any cat or dog adopted from an organization (animal shelter, pound,
dog control officer, humane society, SPCA and dog or cat protective
association) to be spay/neutered prior to adoption OR
2. If not spayed/neutered or has not reached sexual maturity, person adopting must
post a refundable spay/neuter deposit of $35.00 and agree to spay/neuter animal
within 30 days of adoption (or 30 days of animal reaching 6 months of age)
♦ Written documentation must be made of adoption stating adoption date, animal
age, reproductive state and if the $35 refundable deposit. collected
♦ Animal's age determined by animal organization at time of adoption
♦ $35 deposit refunded when:
1. adopting owner presents written documentation from licensed vet that animal
has been spayed/neutered or
2. adopting owner presents written documentation from licensed vet that
because of age or other health reasons, s/n would endanger the animal's life
3. If adoption fee includes cost of s/n, $35 deposit not required if:
♦ Written agreement executed for s/n dog or cat within 30 days of adoption (or if
iess than 6 months. with 30 days of reaching 6 months)
♦ Animal organization must bear the sin oroceaure cost as owner alreaay Dal(] Tor o,
in acootion Tee
♦ Took effect November 1, 2001 (yes, it's already in effect)
♦ Unclaimed $35 deposits must be remitted to the Department and deposited in the
NYS Animal Population Control Program:
♦ For animals over 6 months — within 90 days of adoption and deposit collection
♦ For animals less than 6 months — within 60 days after the animal has reached 6
months of age
♦ Towns, cities, villages and counties allowed to enact local laws and ordinances
requiring can adopt local laws and ordinances requiring
♦ spaying and neutering at earlier age BUT
♦ cannot make a later age that required by this state law EXCEPT
♦ for animals which because of advanced age or other health reasons a licensed
veterinarian certifies that the animal has been examined and s/n surgery would
endanger life of animal.
advance written notice to the other party in accordance with Paragraph 14 of this
Agreement.
11. Hours of Operation.
The TOWN through its Dog Control Office shall have access to the
kennels leased pursuant to this Agreement during the HOSPITAL'S normal business
hours: 7:30 a.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays; 7:30 a.m. to 6:00
p.m. on Thursdays and Fridays; 8:00 a.m. to 4 p.m. on Saturdays; and 9 a.m. to 12:00
p.m. on Sundays. The Dog Control Officer shall also be provided with a key to the
PREMISES allowing for access to the leased kennels after normal business hours.
12. Indemnification.
The HOSPITAL shall defend, indemnify and hold the TOWN, its
officials, officers and employees harmless from and against all actions, proceedings,
claims, damages, liabilities, losses and expenses including, without limitation, reasonable
attorney's fees arising out of the wrongful acts or admissions of the HOSPITAL. The
TOWN shall defend, indemnify and hold the HOSPITAL, its officials, officers and
employees harmless from and against all actions, proceedings, claims, damages,
liabilities, losses and expenses including, without limitation, reasonable attorney's fees
arising out of the wrongful acts or admissions of the TOWN.
13. Insurance.
During the term of this Agreement, the HOSPITAL shall maintain
comprehensive general liability insurance issued by carrier authorized to issue such
insurance in the State of New York with a Best Rating of "A" in the amount of at least
12,
O:\WAPPINGE\To++n Board\DogWardenAgt\AGREEMENT.doc
One Million Dollars (S 1,000,000), naming the TOWN as an additional insured and
providing for at least thirty (30) days notice of cancellation.
14. Notices.
All notices and written communications between the parties to this
Agreement, except the HOSPITAL'S invoices/vouchers and TOWN'S remittances, shall
be deemed to have been delivered upon receipt or refusal of delivery of regular mail and
with a copy of same via facsimile to the following addresses:
If to the TOWN:
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Gloria Morse, Town Clerk
Facsimile No. 845-297-4558
and
If to the HOSPITAL:
Animal Hospital of Wappingers Falls
79 Myers Corners Road
Wappingers Falls, New York 12590
Attention: Dr. Stephen Crew
Facsimile No. 845-297-2402
Any party that wishes to change the address to which notice is to be sent may do
so by like notice. Any officially elected successor TOWN representative will be deemed
to have been changed as to this notice provision by virtue of his/ her assumption of their
office. All notices regarding defaults shall be transmitted by both mail and facsimile.
15. Applicable Law.
This Agreement shall be construed in accordance with the laws of the
State of New York.
10
0 AWAPPINGE\Town I3oard\Dog WardenAgt\AGREEMENT.doc