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3.7 3.7 LOCAL LAWS AND ORDINANCES/SMAnnnal Control Services—Contracting For—SPH—3-7-16 RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2016 AMENDING QUEENSBURY TOWN CODE RELATING TO CONTRACTING FOR ANIMAL CONTROL SERVICES RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to authorize additional options for providing animal control services in the Town, and WHEREAS, the Town Board has prepared proposed Local Law No. of 2016 which provides for such options, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, March 21, 2016 to consider proposed Local Law No. of 2016 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No. of 2016, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post legal notice of the Public Hearing on proposed Local Law No. of 2016 in the manner provided by law, and shall make a copy of the proposed Local Law available for public inspection in the Town Clerk's office following the adoption of this Resolution and until the Public Hearing is closed. Duly adopted this 7th day of March, 2016, by the following vote: AYES NOE S AB SENT : LOCAL LAWS&ORDINANCES\Chapter 5—ANIMAL CONTROL OFFICER—Contracting For—3-21-16 LOCAL LAW NO. OF 2016 LOCAL LAW AMENDING QUEENSBURY TOWN CODE RELATING TO CONTRACTING FOR ANIMAL AND DOG CONTROL SERVICES Be it Enacted by the Queensbury Town Board as follows: 1. PURPOSE AND AUTHORITY. The purpose of this Local Law is to authorize additional options for the Town Board to provide for animal and dog control in the Town. It is adopted pursuant to New York Agriculture and Markets Law and Municipal Home Rule Law. 2. TOWN CODE AMENDMENTS. A. Town Code Chapter 5, entitled "Animal Control Officer", is hereby amended as follows: (1) The definition of Animal Control Officer in Section 5-4 is hereby amended to read as follows: ANIMAL CONTROL OFFICER An individual appointed by the Town Board of the Town of Queensbury, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated animal protective association under contract with the Town to provide animal control services, who has the authority and responsibility set forth in this chapter and who shall bear the additional authority and responsibility to assist in the administration and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury and who, for these purposes, shall also be titled or known as "Dog Control Officer." Note: Language in bold italics is new language to be added; Language is old language to be deleted. 1 (2) Section 5-5 is hereby amended as follows: (a) The title of Section 5-5 is amended to read as follows: Establishment Authorization of position; term of office; salary; hours; qualifications; authorization of contract. (b) Paragraph A. is amended to read as follows: A. .. . - . . • - - Authorization of position. There is hereby authorized to be created and established in the Town an officer and position to be known as "Animal Control Officer," which position shall be under the direction and administration of the Town Supervisor. (c) The following new paragraph E. is added: E. Authorization of contract. In lieu of appointing an individual to act as Animal Control Officer, the Town Board may enter into a contract with an incorporated humane society or similar incorporated animal protective association for animal control services. Authorized officers, agents or employees of such entity shall have the authority, responsibilities,powers and duties set forth in this chapter for the Animal Control Officer as they may be revised by the contract. The details of such animal control services shall be set forth in the contract and the provisions of paragraphs B. through D. above shall not be applicable to the officers, agents or employees of such entity. B. Town Code Chapter 73, entitled"Dog control", is hereby amended as follows: (1) The definition of Animal Control Officer in Section 73-4 is hereby amended to read as follows: ANIMAL CONTROL OFFICER The individual appointed by the Town Board to enforce the Town's Animal Control Law and Article 7 of the Agriculture and Markets Law of the State of 2 New York, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated animal protective association under contract with the Town to provide animal control services. The authority of such individual shall include the powers and duties identified as those of a Dog Control Officer under the Agriculture and Markets Law. 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. OPERATIVE/EFFECTIVE DATE. This Local Law shall become operative immediately upon adoption by the Town Board. 3 NOTICES\Animal Control Services—Contracting—3-21-16 NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING QUEENSBURY TOWN CODE RELATING TO CONTRACTING FOR ANIMAL CONTROL SERVICES NOTICE IS HEREBY GIVEN that the Queensbury Town Board will hold a public hearing on Monday, March 21, 2016, beginning at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,New York, concerning proposed Local Law No._of 2016. Proposed Local Law No. _ would amend Chapters 5 and 73 the Town Code relating to the Animal Control Officer and Dog Control to authorize the Town Board to enter into a contract with an incorporated humane society or similar incorporated animal protective association for animal control services. A copy of the proposed Local Law is on file in the Town Clerk's Office. PLEASE TAKE FURTHER NOTICE that all interested parties will be heard at this time and place. Dated: March , 2016 CAROLINE H. BARBER Town Clerk Town of Queensbury