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RESOLUTIONS\LOCAL LAWS\Set Public Hearuig\Dog Control—Chapter 73—Amend to Delete Criminal and Provide for Civil Penalties—6-5-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _OF 2023 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 73 ENTITLED, "DOG CONTROL"
TO PROVIDE FOR CIVIL PENALTIES
RESOLUTION NO. ,2023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to amend Queensbury Town Code
Chapter 73 "Dog Control" so that violations of Chapter 73 will not be subject to the Criminal
Procedural Law; rather, violations will be punishable by civil penalties, and
WHEREAS, the Town Board has prepared and presented at this meeting proposed Local
Law No.: of 2023, 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 meet and hold a Public Hearing at
the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday,
June 19th, 2023 to consider proposed Local Law No.: of 2023 and to hear all interested persons,
and at that time may take any other actions authorized by law concerning proposed Local Law No.:
of 2023, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and
post a Notice of the Public Hearing concerning proposed Local Law No.: of 2023 in the
manner provided by law.
Duly adopted this 5t'day of June, 2023,by the following vote:
AYES
NOES
ABSENT:
s
LOCAL LAWS & ORMNANCES/Chapter 73 Dog Control - Amend to Delete Criminal Procedure and Provide for Civil penalties — 6-14-2023
LOCAL LAW NO.: OF 2023
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 73 ENTITLED, "DOG 'CONTROL"'
TO PROVIDE FOR CIVIL PENALTIES
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS.
Section I : The name of this Local Law is: "A Local Law to Amend Queensbury Town
Code Chapter 73 Entitled, ` Dog Control' to Provide for Civil Penalties.
Section 2: Town Code Chapter 73, §73-5 "Powers and duties of Dog Control Officer"
subsection "E" is hereby amended as follows:
§ 73-5 Powers and duties.
E. Enforcing the provisions of Article 7 of the Agriculture and Markets Law and Chapter
73 of the Code of the Town of Queensbury by issuing appearance tickets, puFsea+lt-te
the Gr-imina4 Proeedtwal Law, serving a summons and serving and executing any other
order or process in the execution of the provisions of said Chapter 73 and New York
State Agriculture and Markets Law Article 7. The Dog Control Officer shall also
assist in the filing of complaints by persons other than the Dog Control Officer, as
provided for by this Chapter and Agriculture and Markets Law Article 7.
Section 3 : Town Code Chapter 73, §73- 10 "Penalties for offenses" is hereby repealed
and replaced as follows:
§ 73 - 10 Penalties for offenses.
Note: Language in bold italics is new language to be added;
Language with line ''Favv = =brougr" is old language to be deleted.
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t
A. Wher-e the per-son wets fou"d tE) haNre 3triela4ed this Chapter (as from time to tifne within the
f
pr-eeeding five ,
the� fine may be not less than S150 and ne mere than $2=50; an
B. Where the per-son was found to have eamfnitted twe eF more suroh vielations %Arit
the przeeeding five yeEws, it shall be punishable by a fine of not less than $250 aa&oF
r for- not more than 1 C ays, or- 1-. '!-.
A violation of this Chapter is punishable by a monetary civil penalty/fine of $125
except tit at:
A. Where the person wars found to have violated this Chapter (as it is from time to time
amended) or Article 7 of New York State 's Agriculture and Markets Law, within
the preceding five years, the fine shall be $250,
B. Where the person was found to have committed two or more such violations within
the precedingfive years, it shall be punishable by a fine of$354.
Section 4: 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.
Section 5: 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_ In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning. Law.
Section 6: Effective Date - This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language is old language to be deleted.
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