Loading...
LL 08 Animal Control Officer Local Law Filing NEW YORK STATE DEPARTMENT Of STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. COAVXy Town ky of .......QUEENSRURX................................. Local Law No. .........8......................................... of the year 19 9.4.... A local law -.T.O...AMEND..THE-CODE,--QF..THE..TOWN.-OF QUEENSBURY BY ADDING A NEW CHAPTER 5 TO BE ENTITLED, ANIMAL CONTROL OFFICER, WHICH CHAPTER CHALL-*PRbVTO5 **FOIT*'THE"CREATTON"RND-ESTABLISH- MENT OF AN ANIMAL CONTROL OFFICER POSITION Be it enacted by the ..............................TDWN...BOARD...... ........................ (Name of Legislative Body) """""""""""' of the XUM*X a):Y Town of .......................S�IIE.ENSBURY.................... as follows: SECTION 1 . The Code of the Town of Queensbury is hereby amended by adding thereto a new Chapter 5 to be known as "Animal Control Officer, " to read as follows : S 5-1 . Purpose. The Town Board of the Town.of Queensbury finds that, in recent years, complaints and/or concerns from citizens concerning nuisance, stray, running at large, sick, disabled, injured, or dead animals, have increased to a point where there is a need to have a particular position or office in the Town capable of responding to the complaints from and concerns raised by. In addition, the Town Board of the Town of Queensbury notes that nuisance, stray, sick, injured, and/or dead, wild animals, on public roadways and upon public grounds, are of particular concern and can be dangerous or hazardous . Finally, the "Town Board notes that the position will include the duties and responsibilities of the previously authorized Dog Control Officer position and provide the Town with flexibility in dealing with concerns about rabies and any other concerns that may arise in the future concerning animals . 55-2 . Authority. This Local Law is enacted pursuant to and by virtue of the provisions of Town Law S20, Agriculture and Markets Law Article 7 , and the Municipal Home Rule Law of the State of New York. §5-3 . Title. The title of this Local Law shall be "Animal Control Officer. " 55-4 . Definitions . As used in this Article, the following words or phrases shall (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) 1 have the following respective meanings : ANIMAL. Includes every living creature except a human being. ANIMAL CONTROL OFFICER. Means an individual appointed by the Town Board of the Town of Queensbury 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. " DOG CONTROL OFFICER. Shall be deemed to be inclusive within the title and position known as Animal Control Officer. 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 . TOWN. Shall mean the Town of Queensbury. Any word or phrase, other than the foregoing, used in this Chapter and which is defined in Agriculture and Markets Law Article 7 shall be interpreted as having such definition. §5-5 . Animal Control Officer. A. Creation and Establishment of Position. There is hereby 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 Executive Director of Community Development and a part of the Community Development Department. B. Term of Office. The Animal Control Officer shall serve at the pleasure of the Town Board, subject to Civil Service Law requirements, if any. C. Salary and Hours . The position of Animal Control Officer shall be a full- time position. Work hours, wages, salaries, and/or rate of pay shall be established by the Town Board of the Town of Queensbury by resolution and subject to Civil Service (2 ) Law requirements, if any. D. Conditions, Qualifications, and/or Requirements for Appointment/Employment. 1 . As a condition of appointment, any individual appointed as Animal Control Officer shall have the following credentials or meet the following requirements and be able to demonstrate compliance with the same; a. a valid New York State Driver' s License; b. be over the age of 18 years of age. 2 . As a condition of employment, any individual employed as Animal Control Officer shall have the following credentials or meet the following requirements and be able to demonstrate compliance with the same within one year from the date of hiring; a. rabies pre-exposure vaccination; b. satisfactory completion of courses held in connection with Animal Control Academy; C. nuisance trapping permit/license; d. keep, maintain, and wear such uniforms and/or other symbols or cards of identification, as may be designated by the Town Board of the Town of Queensbury by resolution; e. keep, maintain, and utilize such paging or other communication devices as may be provided and required by Town Board resolution; f. as a condition of employment, the Animal Control Officer shall not use or carry a firearm or similar device such as a tranquilizer gun on his/her person or within any Town vehicle when responding to calls in an official capacity or at any time during work hours . §5-6 . Authority, Duties, and Responsibilities of Animal Control Officer. The Animal Control Officer is hereby authorized and empowered, and is assigned and delegated the following duties and responsibilities : (3) A. Patrolling the Town of Queensbury by vehicle and on foot and receiving all complaints from citizens by telephone, in person, or through the mail concerning nuisance, stray, running at large, and/or sick, disabled, injured, or dead animals. B. Responding to observations of or complaints concerning nuisance, stray, running at large animals and/or sick, disabled, injured, or dead animals as follows : 1 . in the case of animals under the regulation and affected by Agriculture and Markets Law Article 7 and Chapter 73 of the Code of the Town of Queensbury entitled, "Dogs and Other Animals, " the Animal Control Officer shall have all power, authority, duties, and/or responsibilities set forth in those aforesaid laws and the Animal Control Officer shall generally assist in, administrate, and enforce the provisions of those laws; 2 . in the case of nuisance, stray, sick, disabled, or injured, wild animals on public roadways or located upon public grounds, report the location and identity of the same to appropriate State and/or County authorities and obtain assistance, permits, or instructions as to the proper handling and disposition of such wild animals and thereafter act in accordance with such guidance or authorization; 3 . in the case of nuisance, stray, sick, disabled, injured, dead, wild and/or domestic animals on private property, responses shall include direct intervention if it is felt that a concern for rabies exposure is present and if no concern for rabies exposure is present, responses shall be to refer the individuals to the proper public agencies or private entities that provide services of assistance with regard to such animals; 4 . in the case of dead animals existing along State, County, and Town roadways or upon public properties, assist in or arrange for the picking up and disposing of the dead animals in accordance with the requirements of the Environmental Conservation Law and other laws of the State of New York. The Town Board of the Town of Queensbury shall, by resolution, further clarify and identify the exact responsibilities of the Animal Control Officer and other Town departments with regard to this task; (4 ) 5. in the case of animals that are seized or captured in accordance with the provisions of this Chapter, or the Agriculture and Markets Law Article 7 or Chapter 73 of the Code of the Town of Queensbury, assist in arranging for the care and disposition of the same in accordance with the aforesaid laws or if no guidance is found in said laws, by turning the same over to the proper animal pound, animal hospital, or humane society or other appropriate institution; 6 . in the case of animals that are seized or dead animals that are disposed of in accordance with the terms of this Chapter, determine whether the animals are marked or carry some sort of identification indicating the identity of the owners and if such identification is present, notify the owners of the status of the animal . C. The Animal Control Officer shall assist in the arrangement of a quarantine or the removal for pounding and testing, any domestic or wild animal when concerns for rabies exposure is present. D. Maintaining records of work performed, including a record of all animals impounded, at the Officer's direction and/or those dead animals picked up and disposed of. E. Enforce 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 §120 . 20 of the Criminal Procedural Law, to serve a Summons and to serve and execute any other order or process in the execution of the provisions of said Chapter 73 and Agriculture and Markets Law Article 7, the Animal Control Officer shall also assist in the filing of complaints by persons other than the Animal Control Officer, as provided for by Chapter 73 of the Code of the Town of Queensbury. F. Being responsible to perform routine maintenance work on any vehicles or other equipment used or assigned for use by the Animal Control Officer. The duties and responsibilities include keeping the vehicles and equipment in satisfactory condition by washing, cleaning and disinfecting, as may be necessary. In addition, in the event that any repairs are needed to the vehicles, the Animal Control Officer shall arrange for the repair or maintenance in accordance with the policies, procedures, rules, or regulations adopted by the Town Board of the Town of Queensbury. (5) G. Performing such other additional and further duties that the Town Board may determine, by resolution. Additional duties may include duties unrelated to Dog and Animal Control or other duties assigned herein. SECTION 2 . This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. (6 ) • (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 8 of 19 94 of the ((,R¢(rAiXW)(gky)(Town)(N%)4)(XM of QUEENSBURY was duly passed by the on CFPTFPARFR 1q 19 , in accordance with the applicable provisions of law. a ! ive o y / 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after Name of Legislative Body) disapproval) by the and was deemed duly adopted on 19_ ectwe �e Executive Officer') in accordance with the applicable provisions of1law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was Elective Chief Executive Officer submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was subject to Elective Chief Executive Officer permissive referendum and no valid petition requesting such referendum was filed as of 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 the power to approve or veto local laws or ordinances. (7) 5..(City local law concerning Charter revision proposed by petition.) ti I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the gene al election held on ............ ............19.........became operative. 6. (County local law concerning adoption of Charter.) 1 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 Municipal Home Rule Law,and having received 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 certifica- tion.) I further certify that 1 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......I.....above. Clerk of the County legislative body, ny,Town or X' X or officer designated by local legislative body Date: 9—_20-94 (Seal) (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.....Maxr.oR............... 1, the undersigned, hereby certify that the foregoing Inra�l tau ntai orrect text and that all proper proceedings have been had or taken for the enact t of the Iota axed her ..... Signature .................... TOWN ATTORNEY ................................................... Title Y Date: 9-20-94 Town of •QUEENSBURY..................• AAA (8) OCT al rr t L I i U Additional Services General Code Publishers' commitment to the maintenance of an organized body of law for your municipality includes the following additional services which are available to you: • Review and Analysis of Your Code • Printing of Additional Up-To-Date With State Laws. Copies of the Code. • Indexing — Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. Such as Zoning, Personnel Policies and • Distribution Services For Code Books Subdivision Regulations, and Supplements. • Sample Laws and Ordinance Drafting • Loose-leaf Supplement Services. Services. • Codification of Traffic Regulations. • Expandable Loose-leaf Binders. Should you be interested in learning more about any of these services, please contact: GENERAL CODE PUBLISHERS 72 Hinchey Road CORP. Rochester, New York 14624 716/328-1810 • FAX: 328-8189 UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT US 1AIL OF POSTAGE,m Print your name, address and ZIP Code here �Daoy alcnul H: ` Q • Complete items 1 and/or 2 for additional services. I 8150 wish t0 receive the �+ • Complete items 3,and 4a&b. following services (for an extra y • Print your name and address on the reverse of this form so that we can fee): m return this cart?to you. > • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y does not permit. �. t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. El Restricted Delivery d ++ • The Return Receipt will show to whom the article was delivered and the date �v c delivered. COrISUIt ostmaster for fee. o 3. Article Addressed to:� . Article N�urn�er \ c QM 4b. Service Type 1121 �`� � � � C;` El Regist d insured ca y, c� ertified ❑ COD e C�-�- ``�'� ,�� El Express Mail ❑ Return Receipt for S a7. Date of Delivery Merchandise o`I�r•�-��� �� {����� w 0 a, cc 5. Signature (Addressee) _ 8. Addresse&dr� equested c and fee i 1 W H 6. Signature (A 0 PS Form 1 1,1115acember 1991 z4 U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT -"_ � � - � ' ` " 11/22/94 ----^ ` �^ n ° ^ The following material has been received and will be processed for inclusion in your Code as supplemental pages (where Town of naoury C/O Clerk's Office 531 Bay Road NY 12804 Ad itiorra "S�rvic Jfi General Code Publishers' commitment to th'b maintename o 11-orlganiz_-d body.of law j for your municipality includes the following additional services which are available to you: r e Review and Analysis of Your Code • Printing of Additional Up-To-Date With State Laws. Copies of the Code. • Indexing — Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. Such as Zoning, Personnel Policies and • Distribution Services For Code Books Subdivision Regulations. and Supplements. • Sample Laws and Ordinance Drafting * Loose-leaf Supplement Services. Services. • Codification of Traffic Regulations. 0 Expandable Loose-leaf Binders. 3 1 Should you be interested in learning more about any of these services, please contact: GENERAL CODE PUBLISHERS 72 Hinchey Road CORP. Rochester New York 14624 716/328-1810 6 FAX: 328-8189 NYS DEPARTMENT OF STATE %Y BUREAU OF STATE RECORDS - MUNICIPALITY 162 Washington Avenue Town o f Queensbury Albany, NY 12231-0001 Q y LOCAL LAW(S) NO. YEAR FILING DATE DATE: 10/14/94 8 1994 9/22/94 Local Law Acknowledgment The above-referenced material was received _ _ and filed by this office as indicated. � Darleen M. Dougher, Town Clerk � Town of Queensbury Town Office Building 531 Bay Road Additional local law filing forms will be Queensbury, NY 12804 forwarded upon request. DOS-236 (Rev. 6/90) d