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LL 01 Leash Law (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not use brackets for matter to be eliminated and do not use italics for new matter. of..........Queensbury, Warren County,New.York Town ...... ...... 80 V Local Law lWo. ......................................................... of the year 19 ............ LE.Rs HrN U- A local law ...relating to the :control, cpnf Rn .i g.,,and�,� _ of dogs. ......... (Insert title) Town Board Beit enacted by the .......................................................................................................................................... of the }( (Name of Legislative Body) 'v.XH `!' )aqmof.............Queensburx, Warren County, New York as fa}lows: Town ....................... ......................................... Section 1.. Purpose. The Town Board of the Town of Queensbury finds that the running at large and other uncontrolled behavior of licensed and un- licensed dogs have caused physical harm to persons , damage to property and have created nuisances within the town. The purpose of this local law is to protect the health, safety and well-being of persons and propel ,., by imposing restrictions on the keeping and running at large of dogs withiTI the town. Section 2. Authority. This local law is enacted pursuant to the provi- sions of Article Seven of the Agriculture and Markets Law and the Municipal. Home Rule Law of the State of New York. Section 3. Title. The title of this law shall be "Dog Control Law of the Town of Queensbury" . Section 4. Definition of terms. As used in this local law, the following words shall have the following respective meanings; (a) Dog means male and female, licensed and unlicensed, members of the species Canis Familiaris. (b) Owner means person entitled to claim lawful custody and pos- session of a dog and who is responsible for purchasing the license for such dog unless the dog is or has been lost, and such loss was promptly reported to the dog warden and a reasonable search has been made. If a dog is not licensed the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors , or is otherwise responsible for any dog which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one (1) week prior to the filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner of such dog for the purpose of this local law. In the event the owner of any dog found to be in violation of this chapter shall be under eighteen years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this local law. otZ""(If additional space is needed, please attach sheets of the same size as this and number each)" �M i (c) Run at large means to be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands. (d) Town means the Town of Queensbury. (e) Dog Warden means a dog control officer on or after January 1, 1980. Section- 5. Restrictions. It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to: (a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the local law, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. (b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. (c) Uproot, dig, or otherwise damage any vegetables , lawns , flowers , garden beds, or other property without the consent or approval of the owner thereof. (d) Chase , jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear er to nut such person in reasonable apprehension of bodily harm or injury. (e) Habitually chase , run alongside of or bark at motor vehicles , motorcycles or bicvcles while on a public street, highway or place , or upon, private property without the consent or approval of the owner of such property. (f) Create a nuisance by defecating , urinating or digging on public property, or on private property without the consent or approval of the owner of such property. (g) If a female dog when in heat, be off the owner' s premises unrestrained by a leash. Section 6. Fees for Seizure of Dogs. The fee for seizure and impound- ment of dogs in violation of Article 7 of the Agriculture and Markets Law and of Paragraph (a) of Section 5 of the local law are as follows: (a) The dog warden or any peace officer shall seize ( 1) any un- licensed dog whether on or off the owner' s premises , (2) any dog not wearing a tag, not identified, and which is not on the owner' s premises and (3) an, dog found in violation of paragraph (a) of Section 5 of this local law. Such seized dog shall be kept and disposed of in accordance with the provi- sions of Article 7 of the Agriculture and Markets Law. The dog warden or peace officer may also investigate and report to a town justice of the town any dangerous dog as described in Article 7 of the Agriculture and Markets Law, and see that the order of the town justice in such case is carried olit- . (b) The dog warden or a peace officer observing a violation of this local law in his presence shall issue and serve an appearance ticket for such violation. -2- R (c) Any person who observes a dog in violation of this local law may file a complaint under oath with a town justice of the Town spec.ifyi.n<; the nature of the violation, the date thereof , a description of the dog &1)(I the name and residence, if known, of the owner of such dog. Such complairit may serve as the basis for enforcing the provisions of this local haw. Section 7. Penalties. Any person convicted of a violation of this local law shall be deemed to have committed a violation and shall be subject to a fine not exceeding Two Hundred Fifty ($250. 00) Dollars or imprisonment for a period not exceeding fifteen ( 15) days. Section 8. Separability. Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisio,.�; shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable. Section 9. Repealer. This local law shall supersede all prior local laws , ordinances, rules and regulations relative to the control of dogs within the Town of Queensbury and they shall be , upon the effectiveness of this lo- cal law, null and void. Section 10. This local law shall take effect immediately upon the filing in the Office of the Secretary of State of the State of New York. (C,omplete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto,designated as local law No. ..................of 19 .`.. County of the City Of.....��!!` .... was duly passed by the ........ ...'`, `` fl."?"' -.... ........ Town (tierce of Legislative Body) Village on......Iins�.-r... ..}'�{................... 19.. J l accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer .* or repassage after disapproval.) I hereby certify that the local law annexed hereto,designatedas local law No. ....................of 19........ County ofthe City Town of......................................was duly passed by the .................................................._.............................. (Name of Legislative Body) Village not disapproved on..................................................19........ and was approved by the ..................................................... . repassed after disapproval Elective thief E;zecutive officer * and was deemed duly adopted on................... ....................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19.......... County of the City of......................................was duly passed by the ......... Town (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................,... . . . .................,.. repassed after disapproval E,tectivo Chief I�xecutive Officer* on......................................................................19........, Such local law was submitted to the_people by reason of a mandatory referendum and received theaffirmative vote of a majority of t}i=, qualified elcctor5; v(�ting permissive general thereon at the special election held on... .............................. ............ 19........ , in accordance with tl*<• ;Inp}i- ann ual cable provisions of law. 4. (Subject to permissive referendurn,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19......... County ofthe City- of...................................... was duly passed by the ............................................................................. ..on town (Name of Legislative Body) Village not disapproved .............................I........................ 19........ and was approved by the ......................................................... un repassed after disapproval Chief F,Xe'-XItit'e Officer* ..............................................................19........ . tiurh local law being subject to a permissive referendum rind n,, valid petition requesting such referendum having been filed, said local law was deemed duly adopted on .......................................I.............................. 19.. ....., in accordance with the applicable provisions of law. •Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 5. (City local la % concerr;in� Charter re ision proposed by petition.) I lit 'ob1 r c„.f, ';Ia. th, to� xe.! he,­to, designated as local law No. ....................of 19. of thy• t it} of__...... ... . ............ ...... ..... . ... ............ ..... :1 i% seen submitted to referendum pursuant to the `iroxisions of § 37 of .u:. .',;unicipctl1; ,i:eHulF Law.aiid .tying received the affirmative vote of a majorit} otin thereon at the s ecial election held on .................................. of the qualified electors of such cif} t? p general .............. 19 ............became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Ho.tte 'Rule Law,and having recek'ed the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) BW I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph .............. ........ above. Ct Clerk of the County legislative body,City,Town or Village Clerk or officer designated by local legislative body Date: (S(-a1) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF....................�`''°......:" .......... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title Date: }� (Y fJ County City of........... ... Town ................ Village Page 3 DEPARTMENT OF STATE STATE RECORDS & LAW BUREAU I62 WASHINGTON AVENUE A'yt.i�►- ALBANY, NEW YORK 12231 JUL-9-80u3=-'�iQu.iy J W. 4• Aj� .1 Q s'. n Donald A. Chase Town Clerk TOWN OF QUEENSBURY Town Office Bldg. Bay & Haviland Rds. Glens Falls, NY 12801 DATE: July 10, 1980 Dear Sir/Madam: 4 F Please be advised that Local Law (s) No. of i as of the mnw„ of Q3,een,;hilry was/were received and filed on Jun,- 26 ', 199Q Additional forms for filing local laws with this office will be forwarded upon request. Sincerely yours, 4Bea�tritceFr( ler ick Director State Records & Law Bureau BSF/bh G224-093 (4/80)