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ENACTMENT\Dog Control-Repeal Chapter 5 and Repeal and Replace Chapter 73—5-3-2021
RESOLUTION ENACTING 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, "A Local Law to Amend Queensbury Town Code Chapter 73 Entitled,
`Dog Control' to Provide for Civil Penalties," and
WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held
prior to adoption of a Local Law and the Town Board duly held such Public Hearing on Monday,
June 19th, 2023 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of
2023, "A Local Law to Amend Queensbury Town Code Chapter 73 Entitled, `Dog Control' to
Provide for Civil Penalties," and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file
the Local Law with the New York Secretary of State in accordance with the provisions of the
Municipal Home Rule Law and acknowledges that the Local Law shall become operative
immediately and shall be effective upon filing by the office of the New York Secretary of State.
Duly adopted this 19t'day of June, 2023,by the following vote:
AYES
NOES
ABSENT:
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LOCAL LAWS&ORDINANCES/Chapter 73 Dog Control-Amend to Delete Criminal Procedure and Provide for Civil Penalties—6-19-2023
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 1: 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, pursuant to
the. Criminal Procedural 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.
A violation of this Chapter is a violation as defined in Article 10 of the New York Penal
r nd ish,,ble 1... a fine of not teas than $100 and not more than $150, except that:
Note: Language in bold italics is new language to be added; .
Language with line drawn through is old language to be deleted.
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A. Where the person was found to have violated this Chapter ( s f om time to tithe
amended) or Article 7 of New erk-Satels-Agricu e and Market r awithin the
preceding five years, the fine may be not less than $150 and no more than$250; and
B. Where the person was found to have committed two or more such violations within
the preceding five years, it shall be punishable by a fine of not less than $250 and/or
imprisonment for not more than 15 days, or both.
A violation of this Chapter is punishable by a monetary civil penalty/fine. of $125
except that:
A. Where the person was 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 preceding five years, it shall be punishable by a fine of$350.
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.
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Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
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