LL 02 Contracting for Animal Control Services New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany, NY 12231-0001
Local Law Filing www.dos.state.ny.us/corps
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Text of law should be given as amended. Do not include matter being eliminated and do not use
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❑County ❑City Town ❑Village
(Select one:)
of Queensbury
Local Law No. 2, of the year 20 16
A local law Amending oueensbury Town Code Relating to Contracting
(Insert Title)
For Animal Control Services
Be it enacted by the Town Board of the
(Name o/Legislative Body)
❑County ❑City EkTown ❑Village
(Select one.)
of Oueensbury as follows:
1. PURPOSE AND AUTHORITY. The purpose of this Local Law is to authorize
additional options for the Town Board to provide for animal and dog control in the Town. It is
adopted pursuant to New York Agriculture and Markets Law and Municipal Home Rule Law.
2. TOWN CODE AMENDMENTS.
A. Town Code Chapter 5, entitled"Animal Control Officer", is hereby amended as
follows:
(1) The definition of Animal Control Officer in Section 5-4 is hereby
amended to read as follows:
ANIMAL CONTROL OFFICER
An individual appointed by the Town Board of the Town of Queensbury, or
any authorized officer, agent or employee of an incorporated humane society
or similar incorporated animal protective association under contract with the
Town to provide animal control services, who has the authority and
(If additional space is needed, attach pages the same size as this sheet,and number each.)
( 1 )DOS-02394-I (Rev.06/12) Page 2 of 4
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."
(2) Section 5-5 is hereby amended as follows:
(a) The title of Section 5-5 is amended to read as follows:
Authorization of position; term of office; salary; hours; qualifications;
authorization of contract.
(b) Paragraph A. is amended to read as follows:
A. Authorization of position. There is hereby authorized to be 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 Town Supervisor.
(c) The following new paragraph E. is added:
E. Authorization of contract. In lieu of appointing an individual to act as
Animal Control Officer, the Town Board may enter into a contract
with an incorporated humane society or similar incorporated animal
protective association for animal control services. Authorized officers,
agents or employees of such entity shall have the authority,
responsibilities, powers and duties set forth in this chapter for the
Animal Control Officer as they may be revised by the contract. The
details of such animal control services shall be set forth in the contract
and the provisions of paragraphs B. through D. above shall not be
applicable to the officers, agents or employees of such entity.
B. Town Code Chapter 73, entitled"Dog control", is hereby amended as follows:
(1) The definition of Animal Control Officer in Section 73-4 is hereby
amended to read as follows:
ANIMAL CONTROL OFFICER
The individual appointed by the Town Board to enforce the Town's Animal
Control Law and Article 7 of the Agriculture and Markets Law of the State of
New York, or any authorized officer, agent or employee of an incorporated
humane society or similar incorporated animal protective association under
contract with the Town to provide animal control services. 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.
(2)
3. 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.
4. 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.
5. OPERATIVE/EFFECTIVE DATE. This Local Law shall become operative
immediately upon adoption by the Town Board.
(3)
(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.) 2
1 hereby certify that the local law annexed hereto, designated as local law No. of 201 6 of
the Cvi� p�i)(Town 1 of Queensbury
( )� ) was duly passed by the
Town Board on March 21 , 20 16, in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 207J, in accordance w ith 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 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was 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
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 of
the(County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Offrcer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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.
DOS-0239-f-I (Rev.06/12) (4) Page 3 of 4
I
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 cities 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(? ' and that the same is a
correct transcript therefrom and of the whole of such original local nd was finally ad-pted n the manner indicated in
paragraph , 1 above.
6.
Clerk of the county legi tive body, City,Tow or Village Clerk or
officer designated by local legislative body
(Seal) Date: '"a Coma)t(p
( 5)
DOS-0239-f-I (Rev.06/12) Page 4 of 4
RESOLUTION ADOPTING LOCAL LAW NO. 2 OF 2016
AMENDING QUEENSBURY TOWN CODE RELATING TO
CONTRACTING FOR ANIMAL CONTROL SERVICES
RESOLUTION NO.: 117,2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to authorize additional options for
providing animal control services in the Town, and
WHEREAS, the Town Board has prepared proposed Local Law No. 2 of 2016 which
provides for such options, and
WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on
March 21, 2016 and heard all interested persons;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 2 of 2016,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby 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 21S' day of March, 2016, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT : None
STATE OF NEW YORK
DEPARTMENT OF STATE
ANDaEw M.CuOMU
ONE COMMERCE PLAZA GOCERNOR
99 WASHINLTON AVENUE
aOSSANA ROSADO
ALBANY,NY 12 2 3 1-0 00 1
ACTIN(;SECRETARY OE STaTf
V"AV.D0S-N7.GOV .
March 29, 2016
TOWN OF QUEENSBURY
742 BAY RD
QUEENSBURY NY 12804-5902
RE: TOWN OF QUEENSBURY, Local Law 2 2016, filed on MARCH 29,2016
Dear Sir/Madam:
The above referenced material was filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEwYORK Department
STATE OF
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GENERALm"th � �.
781 Elmgrove Road"'
i r00,
#r .�
Codification Division
p:1-855-GEN-CODE fax:1-585-328-8189
email:ersupp@generalcode.com
3/26/2016 #316130
Ms. Caroline H. Barber:
The following material has been received and will'be processed for inclusion
in your Code as supplemental pages(where applicable):
ILL No. 2-2016
Town of Queensbury
742 Bay Road
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