LL 12 Dog Control Law Darleen Dougher
From: Rachael Holley[rholley@generalcode.com]
Sent: Monday, November 01, 2010 11:40 AM
To: Darleen Dougher
Subject: Town of Queensbury Code supplement
Good morning Ms. Dougher,
I am currently processing the next supplement to Queensbury's Code, and a few questions have
arisen regarding L.L. No. 12-2010.
1. The definition of "owner" appears to be missing some wording. It currently reads, in part:
"Any person owning or harboring a dog for a period of one week prior to filing any complaint
charging a violation of this local law shall be held in and deemed to be the owner of any dog
found to be in violation of this chapter shall be under 18 years of age, the head of the
household in which said minor shall be deemed to have custody and control of said dog and
XThe
l be responsible for any acts of the said dog in violation of this local law."
sentences should read as follows: "Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation of this chapter shall
be held and deemed to be the owner of such dog for the purpose of this chapter. In the event
that the owner of any dog found to be in violation of this chapter shall be under 18 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 chapter. "
The sentences should read as follows:
Make no change.
2. Section 5B appears to have a typo. It currently reads, in part, "Engage in habitual and
oud howling, barking, crying or shining [. . .]".
It should read "crying or whining".
It should read as follows:
Make no change.
Thank you for your assistance with these matters. Please do not hesitate to contact me with
any questions.
Sincerely,
Rachael Holley
Editor
General Code, LLC
(800) 836-8834
1
A. "Owner" means person entitled to claim lawful custody and possession of a dog
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 animal control officer and a
reasonable search has been made. If a dog is not licensed, the term owner shall
i
designate and cover any person or person, 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 t
of any complaint charging a violation of this chapter shall be held and deemed to
be the owner of such dog for the purpose of this chapter. In the event that the
owner of any dog found to be in violation of this chapter shall be under 18 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 chapter.
_ t
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO._ OF 2010 TO AMEND QUEENSBURY TOWN CODE BY
ADDING A NEW CHAPTER ENTITLED, "DOG CONTROL LAW"
RESOLUTION NO.330,2010
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _of 2010 to
amend the Queensbury Town Code by adding a new Chapter entitled 'Dog Control Law,"to ensure
compliance with the New York State Agriculture and Markets Law Article 7 regarding the
licensing, identification and control of dogs, and
WHEREAS, this legislation is authorized in accordance with the New York State
Agriculture and Markets Law Article 7 and the New York State Municipal Home Rule Law, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this
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 at 7:00 p.m. on Monday, October 18t',
2010 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: _ of 2010 to amend the Queensbury Town Code by adding a new
Chapter entitled 'Dog Control Law,"and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning such proposed Local Law in the
manner provided by law.
Duly adopted this 4`h day of October,2010,by the following vote:
AYES : Mr. Brewer, Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
NOES : None
ABSENT: None
�U�CIlCZW Filing NEW YORKSTATE DEPARTMENT of STATE
41 STATE STREET;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.
CW of-----QgELNSBURY_:__
Town
age
Local Law No.-----12-___________________________ of the year 2014---
A local law To-Amend_Q ��11�k1Lr _Ts�hm_�o�l�_$y- g�.l ix�--F.x i.sta ng_Chapter__73---
"Dogs_And Other Animals"_Anil �gpa,�cng_ _Wlk1_A_.�1� _Chgpxex__Z _1�t1b 1��7
"Dog Control Law" _____________________________
Be it enacted'by the ----------10M. _$Q=. Sl------------------------------------------------------------- of the
CBQK
y
of :__(�UEENSBURY___ __ _ as follows:
Zbwn --- -------------- ------------------: -------------------------
V
SECTION 1: Purpose.
The Queensbury Town Board finds that the running at large and other uncontrolled
behavior of licensed and unlicensed dogs has caused physical harm to person, damage to
property and have.created nuisances within the Town. The purpose of this Local. Law is to
protect the health, safety and wellbeing-of the persons and property by imposing restrictions on
the keeping and running at large of dogs within the Town and to ensure compliance with Article
7 of the New York State Agriculture and Markets Law regarding the licensing, identification and
control of dogs.
SECTION 2: Authority.
This Local Law is enacted pursuant to the provisions of Article 7 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."
(If additional space is needed,attach pages//the same size as this sheet,and number each.)
DOS-239(Rev.11/99) 11�
f
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 possession of a dog
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 animal control officer and a
reasonable search has been made. If a dog is not licensed, the term owner shall
designate and cover any person or person, 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 chapter shall be held and deemed to
be the owner of such dog for the purpose of this chapter. In the event that the
owner of any dog found to be in violation of this chapter shall be under 18 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 chapter.
C. "Run at Large" means to be in a public place or on private land without the
knowledge, consent, and approval of the owner of such lands.
D. "Town" means the Town of Queensbury.
E. "Animal Control Officer" means the individual appointed by the Town to
enforce the Town's Animal Control Law and Article 7 of the Agriculture and
Markets Law of the State of New York. The authority of such individual shall
include the powers and duties identified as those of a Dog Control Officer under
the Agriculture and Markets Law.
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 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 the company of a hunter or hunters shall be
considered as accompanied by its owner.
B. Engage in habitual and loud howling, barking, crying or whining or conduct as to
unreasonably and habitually disturb the comfort or repose of any person other
than the owner of such dog.
2
C. Chase,jump upon or otherwise harass any person in such manner as to reasonably
cause intimidation or fear or to put such person in reasonable apprehension of
bodily harm.
D. Habitually chase, run alongside of or bark at motor vehicles, motorcycles or
bicycles while on a public street, highway, or place, or upon private property
without the consent or approval of the owner of such property.
E. If a female dog, when in heat, be off the owner's premises, unrestrained by a
leash.
SECTION 6: Licensing of Dogs.
A. All dogs in the Town of Queensbury must be licensed with the Town Clerk by the
age of four months and are required to present a current Certificate of Rabies at
the time of licensing or the renewal of an existing license.
B. All dogs licenses will be for a period of one year and will expire at the end of the
month one year from the date of issue.
C. Fees for Licensing of Dogs - Effective for all licenses obtained or renewed on or
after January 1", 2011, the fee for a spayed or neutered dog will be $6.00 which
shall include a $1.00 surcharge for the purpose of carrying out the New York
State Animal Population Control Program. The fee for an unspayed or
unneutered dog will be $13.00 which includes a $3.00 surcharge for the purpose
of carrying out the New York State Animal Population Control Program. The fee
for replacing a lost license tag will be$2.00.
D. Licensing Fees for Senior Citizens Age 65 and Over - Effective for all licenses
obtained or renewed on or after January 1", 2011, the reduced fee for a spayed or
neutered dog will be $2.00 which shall include a $1.00 surcharge for the purpose
of carrying out the New York State Animal Population Control Program. The fee
for an unspayed or unneutered dog will be $7.00 which includes a $3.00
surcharge for the purpose of carrying out the New York State Animal Population
Control Program. The fee for replacing a lost license tag will be$2.00.
E. Purebred License - The Town of Queensbury will not be issuing Purebred or
Kennel Licenses. All dogs must be individually licensed as set forth above.
F. Service Dogs - Any Guide dog, Service dog, Hearing dog or Detection dog, as
those terms are defined at §108 of Article 7 of the New York State Agriculture
and Markets Law must be licensed but are exempt from license fees.
G. All licenses for dogs sheltered within the Town of Queensbury must be obtained
from the Town Clerk. No shelter, kennel or other entity is authorized to issue dog
3
licenses. Any shelter placing a dog for adoption must refer the adoptive dog
owners to the Town Clerk to obtain a license. All shelters within the Town must
maintain a record of all dogs sold or adopted and must provide such information
to the Town Clerk upon request.
H. All dog licenses may be purchase by visiting the Town Clerk's Office or by mail.
If licensing or renewing a license by mail, the appropriate fee must accompany
the forms. There will be no refund of fees.
I. All fees will be used in funding the administration of the Dog Control Law of the
Town of Queensbury.
J. Fees for Seizure of Dogs - If any dog is seized and impounded for violation of
this Law, a fee shall be imposed for a First Offense of$20.00 per dog. For a
Second Offense the fee shall be $35 per dog, and for a Third or subsequent
Offense, the fee shall be $50.00 per dog. In addition to the impoundment fees, the
Dog Owner shall pay the daily room and board for the dog(s). In the case of a
dog that is euthanized, the Dog Owner shall be responsible for such fees in
addition to all other fees.
SECTION 7: Procedure for Seizure of Dogs.
A. The Animal Control Officer may seize:
1. Any unlicensed 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;
3. Any dog found in violation of paragraphs (A)-(E) of Section 5 of this
Local Law.
4. Any dog previously determined by a Court to be a Dangerous Dog under
§123 of Article 7 of the Agriculture and Markets Law if such dog is not
maintained consistent with the conditions imposed by the Court.
B. The Animal Control Officer observing a violation of this Law may issue and
serve an appearance ticket for such violation.
C. Any person who observes a violation of this Local Law may file a Complaint,
under oath, with the Animal Control Officer on forms provided by the Animal
Control Officer. The Animal Control Officer, in his/her sole discretion, may use
such Complaint as the basis for pursuing a violation of this Law in the Town
Justice Court for the Town of Queensbury. Any individual who files a Complaint
with the Animal Control Officer may be required to appear in the Town Justice
Court and testify regarding the alleged violation.
4
SECTION 8: Penalties.
Any person convicted of a violation of this Local Law shall be liable for a civil penalty of
Fifty Dollars ($50.00) for a first violation; Seventy-five Dollars ($75.00) for a second violation,
and One-Hundred Dollars ($100.00) for each subsequent violation.
SECTION 9: Severability.
Each separate provision of this Local Law shall be deemed independent of all other
provisions herein and if any provisions shall be deemed or declared invalid all other provisions
hereof shall remain valid and enforceable.
SECTION 10: RepeaIer.
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 Local Law, null and void, except that, the fee schedule shall remain valid
through and until December 31 s', 2010.
SECTION 11: Effective Date.
This Local Law shall be effective January 1", 2011.
5
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which 1s not applicable.)
1. (Final adoption by local legislative body only.)
I herebv certify that the local law annexed hereto,designated as local law No. -------------12-------------------- of 2(7=2___
of the )(T )(� ) ----- IIEE,I�MLJ ------------------------------------------ was duly passed by the
______40M�NAR____ _ on- - - _201020__-.,in accordance with the applicable provisions of law.
---_own ----a of
(Name ofLegislad-Body) -__--
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 20------
ofthe(County)(City)(Town)(Vi'llage)of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20 --=,and was(approved)(not approved)(repassed after.
(Name ofLegislarive Body)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on ------------------- 20----,
(ElecdveChiefExecudve Offuer')
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 20------
ofthe(County)(City)(Town)(ViIlage)of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after
(Na—of Legislafive Body)
disapproval)by the------------------------------------------------- on------------------- 20____. Such local law was submitted
(Elective Chief Executive Officer-*)
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------------------ 20.--- ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20------
ofthe Coun Cit own illa a of---------------------------- --- ---------- -(approved)(not
PP - -- j(----- was duly(passed b the
( tY)( Y)(T )C�' - g ) - - - - - - - - Y P Y
________ ____________________ __ on------------------ 20-___,and was a roved not a roved re assed after
(Name oftegisladve Body)
disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to
(Elective Chief Executive Officer$)
permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 2Q___ ,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 chairperson 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.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No- -----=----------------------------- of 20------
of the City of----------------- :------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37)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(special)(general)election held on-------------------20-.--,
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 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20____,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 cit-
ies of said county as a unit and 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.)
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 in-
dicated in paragraph---1--------above.
Clakof the eoanty legislative bwyyjmw,Town ge clak
or offi=designated by local kgisladva body
(Seat) Date: 10-19-2010 -
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEiW YORK
COUNTY OF Warren
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 an xed hereto.;
sign-anuce Cathi L. Radner
TOWN COUNSEL
Title
` of OUEENSBURY
Town
�e
Date:
October 19, 2010
Er Wit
..
_U For delivery Information visit our website at 6
ru
ra 1� Postage $
N
Certified Fee
Postmark ,
O Return Receipt Fee Here
C3 (Endorsement Required)
a
Restricted Delivery Fee
(Endorsement Required)
Er Total Postage&Fees $ _ 1
M
r, i To
4 FOfet,
-PO Box No. l }� �.__.
------- sr�
C ,State,ZIP+4
i. • . . .•.
TU For delivery information visit our website at www.usps.comtD
u'1 ,
- C
r-q Postage $
f`-
Certified Fee
C3 Postmark k1- a
C3 Return Receipt Fee Here S
OO (Endorsement Required) —t'
Restricted Delivery Fee
C3 (Endorsement Required)
Q— Total Postage S Fees
C3
Er
Sent To (`�� Ly p
Q ' reef,Apt:iVo.;
C`- or PO Box No.
try State,Z%P+4'
2006 See Reverse for Instructions
COMPLETE • IA.
■ Complete items 1,2,and 3.Also completeSignatureitem 4 if Restricted Delivery is desired. OCT
T C� ❑Agent
■ Print your name and address on the reverse L� 4 ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the maiipiece,
or on the front if space permits.
D. is delivery address different from item 1? ❑Yes
1. Article Addressed to: if YES,enter delivery address below: ❑No
0\6 ca SrtAh�
3. Service Type
�1 Certified Mail [3Express Mail
�a31 71 11 Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑G.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number ?009 0960 00007185 2679
(JFansfer from service label) __________________-_ --
-'-^+3811,February 2004 Domestic Return Receipt 102595-02-M-1540
GENERAL 72 Hinchey Road
romp Rochester, NY 14624
p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
10/22/2010 #267241
Ms. Darleen M. Daugher:
The following material has been received and will be processed for
inclusion_inyyour Code as supplemental pages(where applicable):
LL No. 12-2010
Town of Queensburyry
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
.,.. 1!I!{1lllilikl1111lli4111111S�if313}1!lSS1S�i1l�i tl!!!!1}S�1F{