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402.2003 RESOLUTION AUTHORIZING ESTABLISHMENT OF SPAY/NEUTER PROGRAM FOR TOWN OF QUEENSBURY RESOLUTION NO.: 402, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, municipalities are authorized under Article 7 of the New York State Agriculture and Markets Law §117 to provide for the establishment and operation of facilities to provide spay and neutering of dogs and cats owned by the residents of the municipality, and WHEREAS, overpopulation of dogs and cats, including the population of unwanted and stray dogs and cats, poses a potential threat to public health and safety, and § WHEREAS, as set forth in Agriculture and Markets Law 377-a, the New York State Legislature has specifically found that the uncontrolled breeding of dogs and cats results in an overabundance of puppies and kittens and that there are more puppies and kittens than responsible homes for them can be provided, leading to the animals becoming stray and suffering starvation and death, being impounded and destroyed at great expense to the community and constituting a public nuisance and health hazard and it has been declared to be the public policy of New York State that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged, and WHEREAS, the Town of Queensbury’s Animal Control Officer and Executive Director of Community Development have recommended to the Town Board that the Town fund a Spay/Neuter Program to reduce overpopulation of dogs and cats and to allow for the low cost spay and neutering of animals owned by Town residents, and WHEREAS, the Town Animal Control Officer and Executive Director of Community Development have recommended to the Town Board that $2,871.21 of the funds now contained in the general account, which funds may include fees raised from licensing and/or from fines imposed for violations of animal control laws, be applied to this Program, and WHEREAS, the SPCA of Upstate New York has indicated a desire and willingness to work with the Town to establish such a Spay/Neuter Program, and WHEREAS, the SPCA of Upstate New York has indicated a willingness to provide veterinary services at a charge of not more than $50 per animal, and WHEREAS, more than 40 animals in the Town could likely be spayed or neutered under such a Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the establishment of a Spay/Neuter Program for a one year period and $2,871.21 from the Town’s General Fund shall be devoted to off-setting the cost of the Spay/Neuter Program, and BE IT FURTHER, RESOLVED, that pet owners will be required to pay $5 of the total charge for spaying and neutering their pets under this Program and the Town will pay the remaining expense from these funds, and BE IT FURTHER, RESOLVED, that participation in the Spay/Neuter Program shall be limited to pets of Town residents; and 2 BE IT FURTHER, RESOLVED, that Program participants will be required to sign a waiver indicating their understanding of the risks to their animal and their agreement that neither the Town, the SPCA of Upstate New York, nor the veterinarian who performs the service will have any liability for damage or injury to the animal, and BE IT FURTHER, RESOLVED, that participants will be required to license any dogs that are unlicensed as a condition of participating in the Program, and BE IT FURTHER, RESOLVED, that this Program will not entitle any Town resident to have any animal spayed or neutered as participating veterinarians will make the final determination of whether an animal is a good candidate for the procedure and will have the right to refuse to spay or neuter any animal and when funds dedicated to this procedure have been exhausted, there may not be additional funds available to continue the Program, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Animal Control Officer to take the steps necessary to enter into an agreement with the SPCA of Upstate New York, to create an appropriate waiver form, and to alert the public to the availability of this Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Executive Director of Community Development and/or Town Supervisor to execute an appropriate agreement 3 with the SPCA of Upstate New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and Town Counsel to take such action as necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2003, by the following vote: AYES: Mr. Boor, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:Mr. Turner 4