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..................•
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11/22/94
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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.
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Services. • Codification of Traffic Regulations.
0 Expandable Loose-leaf Binders.
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GENERAL
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PUBLISHERS 72 Hinchey Road
CORP. Rochester New York 14624
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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