Departments

Town Clerk

The Town Clerk's Office issues State licenses and permits, including marriage, dog, games of chance (Las Vegas night, bell jar and raffle), bingo and disabled parking. Recordation of births and deaths occurring at home in the Town and the issuance of certified copies of these records is a vital function of this office. The starting date for all birth, death and marriage records filed in the town clerk's office is 1881.

Often considered the center of local government, the Town Clerk's Office is custodian of all Town records, responsible for active files, storage and disposition of inactive records and careful maintenance of archival material. The Town Clerk is the administrator of the Freedom of Information Law which guarantees your right to know the workings of government.

As recording secretary, the Town Clerk authors minute books which record the activities of Town government. The Minute Books, dating back to 1796, are retained permanently for legal and historic purposes. In accordance with Federal and State regulations, the Town Clerk coordinates primary and general elections, overseeing polling places and equipment, election inspectors, machine custodians, and filing of boundaries for election districts. In addition, the Town Clerk oversees special Town elections and permissive or mandatory referendums.

Forms that are currently available to print include:
(Note: The following list are links to PDF's.)

1. Search of Marriage Records
2. Search of Death Records
3. Search of Birth Records
4. Search for Genealogy Records Only (Birth, Marriage & Death)
5. Handicap Permit Application

Marriage License

Getting Married in New York State

Where can a couple get a NYS Marriage License?

A couple who intends to be married in New York State must apply in person for a marriage license to any Town or City Clerk in the state. The application for the license must be signed by the bride and groom in the presence of the Town or City Clerk, or the Deputy Clerk. The bride and groom may apply separately.

Couples can obtain their marriage license at the Frankfort Town Hall by between 9:00 a.m. and 3:00 p.m. weekdays, by Town Clerk Dorri DeRollo.Please call for an appointment call 894-8737.

A Marriage Application Form can be obtained on-line at this website, to be filled out by the bride and groom and submitted in person to obtain license.

What is the cost of the Marriage License?

Currently the cost of the license, including the Certificate of Marriage Registration, is $40.00.

Does New York State recognize a marriage by proxy?

New York State does not recognize proxy marriages. A representative cannot apply for the Marriage License on behalf of the bride or groom. Notarized marriage license affidavits signed by the bride or groom cannot be substituted for their personal appearance. NYS does not allow stand-ins for bride and groom at the time of the marriage.

Is there a waiting period? How long is the license valid?

Yes. Although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued.

A marriage license is valid for 60 days beginning the day after the license was issued.

Is a premarital physical exam required?

No premarital examination or blood test is required to obtain a marriage license in New York State.

Ask clerk for the pamphlet "Thinking About the Next Generation's Health".

Is proof of identity required?

An applicant will be asked to submit a current I.D. Acceptable forms of I.D. for current name on the marriage license include:

• Photo driver's license.
• DMV issued non-driver's license.
• Passport.
• Military photo I.D.
• Employer's photo I.D.
• Naturalization papers-only original papers are acceptable.
• Social Security Cards

Is a birth certificate required for all applicants?

Yes, a certified Transcript of Birth will be required for all applicants regardless of their age. The Certified Transcript of Birth provides exact spellings of names, age, exact date of birth, and parent's names.

We are unable to accept a Certificate of Birth Registration as this document is not a Birth Record.

Only the names that appear on the documentation are acceptable. Foreign names cannot be Americanized on or by using the Marriage License. All foreign birth documentation must be accompanied by a certified translation from a certified translator. A certified translator can be found at a local university or the Consulate for the applicant's country. Also, the Mohawk Valley Resource Center for Refugees, Utica, NY may have staff to provide translation.

Is there an age requirement for issuing a Marriage License?

If the applicant is under 14 years of age, a marriage license cannot be issued. If either applicant is 14 or 15 years of age, the applicant must present the written consent of both parents and a justice of the Supreme Court, or a judge of the Family Court having jurisdiction over the town or city in which the application is made. If either applicant is 16 or 17 years of age, both parents must sign a consent form available in the Town or City Clerk's Office and provide current I.D. (driver's license, DMV-issued non-driver's license). No consents are required for any applicant 18 years or older.

Can first cousins marry?

Yes, however a marriage may not take place between an ancestor and a descendant, a brother and sister, an uncle and niece or an aunt and a nephew.

What is a second or subsequent ceremony?

The couple is currently married to each other, renewal of vows, married in another state or country. This does not include previously married and currently divorced couples.
The box indicating a second or subsequent marriage is to be checked by the clerk.
There is no waiting period for subsequent ceremony.

Where can the Marriage take place?

A New York State marriage license can only be used within New York State (Including New York City).

How many witnesses are necessary? Is there a minimum age requirement?

At least one witness is required. There is no minimum age for a witness. The NYS Department of Health recommends the witness should be of an age competent to testify in a court proceeding as to what he or she witnessed.

Who can perform a marriage ceremony?

To be valid, a marriage ceremony must be performed by any of the individuals specified in Domestic Relations Law, Section 11. This includes mayors, marriage officers, clergy, justices and judges, and they do not have to be a resident of New York State.

Applicants who are concerned about the credentials of the member of the clergy should consult an attorney.

What if the applicant was previously married?

Information regarding all previous marriages must be furnished in the application for a marriage license. This includes whether the former spouse or spouses are living, and whether the applicants are divorced and, if so, when, where, and to whom the divorces were granted.

The clerk issuing the marriage license will require a certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage; or in the event of the death of a spouse, a certified copy of the death record.

Surname Options

Options are explained on the back of the marriage license.

Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud.

Neither the use of, not the failure to use, this option of selecting a new surname by means of this application abrogates the right of each person to adopt a different name through usage at some future date.

Dog License

Love Me, License Me!

Article 7 of the Agriculture and Markets Law, the State Dog Law, requires that all dogs four (4) months of age or older, be licensed. Also, any dog under four (4) months of age, if running at large, must be licensed.

Town of Frankfort Fees?

$6.00 for each spayed or neutered dog
$14.00 for each unsprayed or unneutered dog

Checks or money orders should be made payable to the Town of Frankfort.
(There is no charge for licenses for guide dogs, war dogs, hearing dogs, police work dogs or therapy dogs.)

Obtaining a License

Where?

Application for a dog license must be made to the clerk of the town or city in which the dog is harbored. The Town of Frankfort Clerk's Office is open weekdays, 9:00 A.M. until 4:00 P.M.

How?

Certain certificates, in some cases, must accompany the Dog License application:

Spayed/Neutered Dogs

In the case of a spayed or neutered dog, a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, unless such certification is already on file. In lieu of the spay or neuter certificate, an owner may present a certified statement by a veterinarian stating that he/she 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.

Guide dog, War dog, Hearing dog, Police work dog, Therapy dog

In the case of a guide dog, war dog, hearing dog, police work dog or therapy dog, written documentation that the dog is in fact a guide dog, war dog, hearing dog, work dog or therapy dog.

Rabies Vaccine

Since the Herkimer County Commissioner of Health has ordered all dogs four (4) months of age or older to have a rabies vaccination, a certificate by a licensed veterinarian showing that the dog has been vaccinated or a certificate stating why the life of the dog would be endangered by the vaccination. The vaccine must be current.

Validation - How Long?

Upon making proper application in person, paying the proper fee and presenting other required certifications, the Town Clerk or Deputy Town Clerk will validate the application and it shall become a license for the dog described therein. Once an application has been validated, no refund shall be made. Licenses are in effect for one (1) year. They must be renewed ANNUALLY prior to the expiration date noted on the license. The Commissioner of Agriculture and Markets will mail license renewal forms on an annual basis directly to the dog owners.

Purebred License

For information concerning fees and the alternative method for licensing purebred registered dogs or dogs eligible for such registration, contact the Town Clerk's Office where the dogs are harbored.

I.D. Tag?

Each dog individually licensed will be assigned at the first licensing a permanent official identification (I.D.) number for the life of the dog. At that time, one (1) identification tag bearing this number will be furnished to the owner. If the tag is subsequently lost, a replacement tag may be purchased from the Town Clerk's Office at the cost of $3.00 per tag.

Is a Dog Required to Wear the I.D. Tag? Whenever any dog is not on the premises of the owner, the I.D. tag shall be attached to a collar on the dog. Any dog off the owner's premises without the collar and the I.D. tag is an unidentified dog.

If a dog owner wishes to use the I.D. number for tattoo identification, the letters "NY" should be added so the number is recognizable as a New York State ID number. Animal Control Officers are most likely to look for a tattoo on the medial surface of the right thigh. A tattoo does not take the place of the I.D. tag; it only serves as additional protection for the dog.

Are Licenses Transferable?

No license is transferable. If ownership of the dog is transferred, the new owner must immediately obtain a license through the town or city clerk in which the dog is harbored. The former owner must complete the reverse side of the current dog license ("Owner Copy") and give this form to the new owner for licensing purposes. The permanent official identification (I.D.) number and tag issued at the first licensing will remain the dog's I.D. number.

Changes?

The "owner of record" of any dog with an official I.D. number shall notify the Town Clerk in writing within ten (10) days of the following:

• Change in ownership of the dog
• Change in address of the owner of record
• Loss or theft of the dog and the return of such dog if that occurs

In the event of the death of the dog, written notice must be given to the Town Clerk before or on the receipt of the renewal form.

Such notification not only expedites licensing, but also assures the accuracy of records essential to the return of lost dogs.

Lost Dog?

If your dog is lost or you find a lost dog, immediately contact the Animal Control Officer or Police Department. Also, dog owners should seek lost unidentified dogs at the Herkimer County Humane Society, Route 5S, Mohawk, NY; phone 866-3255.

Town Law Section 33, Dogs

Section 33-5, Unlawful Acts

IT SHALL BE UNLAWFUL for any owner of any dog to permit or allow such dog in the Town of Frankfort to:

• Be at large.
• Engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person.
• Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.
• Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
• Habitually chase, run alongside of or bark at motor vehicles or bicycles.

Section 33-6, Enforcement

This Chapter shall be enforced by any dog control officer, peace officer, when acting pursuant to his/her special duties, or police officer in the employ of or under contract to the Town of Frankfort.

Section 33-7, Appearance Tickets

Any dog control officer, peace officer or police officer in the employ of or under contract of the Town of Frankfort is hereby authorized to issue pursuant to the Criminal Procedure Law, an Appearance Ticket, or, in lieu thereof, a Uniform Appearance Ticket or, in lieu thereof, a Uniform Appearance Ticket and Simplified Information as provided in Subsection 114 of the Agriculture and Markets Law to assist in the enforcement of this chapter.

Section 33-8, Seizure, Impoundment, Redemption and Adoption:

• Any dog found in violation of the provisions of subsection 33-5 may be seized pursuant to the provisions of Subsection 118 of the Ag & Markets Law.
• Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in Subsection 118 of the Ag & Markets Law.
• Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions Article 7 of the Ag & Markets Law and by paying the impoundment fees set forth in Subsection 118 of the Ag & Markets Law.
• If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
• Any dog unredeemed at the expiration of the appropriate redemption period, shall be made available for adoption or euthanized pursuant to the provisions of Subsection 118 of the Ag & Markets Law.

Section 33-9, Complaints

Any person who observes a dog in violation of this chapter may file a complaint under oath with a Judge of the Town of Frankfort specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this chapter.

Section 33-10, Penalties of Offenses

Any person convicted of a violation of this chapter shall be liable to a penalty as provided in the Ag & Markets Law.

Violations of the State Dog Law, when:

• Any owner fails to license or have any dog identified
• Any person knowingly affixes to any dog a false or improper I.D. tag or purebred tag
• Any owner fails to carry out a judge's order to confine or destroy a dangerous dog
• Any owner fails to securely confine any dog as required by a night quarantine or deer depredation order
• Any owner or custodian of any dog fails to confine, restrain or present that dog for any lawful purpose to Article 7, the State Dog Law
• Any person furnishes false or misleading information on any form required by Article 7, the State Dog Law.