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ENACTMENT\Dog Control-Repeal Chapter 5 and Repeal and Replace Chapter 73—5-3-2021
RESOLUTION ENACTING LOCAL LAW NO. OF 2021 AMENDING
QUEENSBURY TOWN CODE RELATING TO DOG CONTROL
RESOLUTION NO. ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to repeal Chapter 5 (Animal Control
Officer) and repeal and replace Chapter 73 (Dog Control) of the Queensbury Town Code,
effectively combining these Chapters and set forth amended law and procedure for dog control in
and by the Town, and
WHEREAS, the Town Board has prepared proposed Local Law No. _ of 2021 which
provides for repeal of Chapter 5 and repeal and replacement of Chapter 73 of the Queensbury
Town Code, and
WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on
Monday, May 3`d, 2021 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. of
2021, and
BE IT FURTHER,
RESOLVED, that the Town Board further 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
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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 P day of May,2021, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS&ORDINANCES\Repeal Chapter 5 and Repeal and Replace Chapter 73 Dog Control—May 3 2021
LOCAL LAW NO. OF 2021
LOCAL LAW AMENDING QUEENSBURY TOWN CODE
RELATING TO DOG CONTROL
Be it Enacted by the Queensbury Town Board as Follows:
Section 1: The name of this Local Law is: A Local Law to Repeal Chapter S of the Code
of the Town of Queensbury and to Replace Chapter 73 of the Code of the Town of Queensbury in
its Entirety.
Section 2: Chapter 5 of the Code of the Town of Queensbury is repealed in its entirety.
Section 3: Chapter 73 of the Code of the Town of Queensbury is repealed in its entirety
and is replaced with the following:
Chapter 73 -Dog Control
§73-1 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 persons and damage to
property and has created nuisances within the Town. The purpose of this Chapter is to
protect the health, safety and well-being 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.
§73-2 Statutory authority.
This Chapter is enacted pursuant to the provisions of Article 7 of the New York State
Agriculture and Markets Law, New York State Town Law and the New York State
Municipal Home Rule Law.
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§73-3 Title.
The title of this Chapter shall be"Dog Control Law of the Town of Queensbury".
§73-4 Definitions.
As used in this Chapter, the following words shall have the following respective
meanings:
A. "Clerk"means the Queensbury Town Clerk.
B. "Dog"means any member of the species canis familiaris.
C. "Dog Control Officer" means any individual appointed by the Town Board to
administer and enforce this Chapter and Article 7 of the State Agriculture and
Markets Law and/or any authorized officer, agent or employee of an incorporated
humane society or similar incorporated dog protective association under contract with
the Town to assist in the administration and enforcement of this Chapter and Article 7
of the State Agriculture and Markets Law.
D. "Euthanize"means to bring about death by a humane method.
E. "Guide dog"means any dog that is trained to aid a person who is blind and is actually
used for such purpose, or any dog during the period such dog is being trained or bred
for such purpose.
F. "Harbor"means to provide food or shelter to any dog.
G. "Identification tag" means a tag issued by the Town of Queensbury in connection
with the licensing of a dog, which sets forth an identification number, together with
the name of the municipality, the State of New York, contact information, including
telephone number, for the municipality and such other information as the Town
deems appropriate.
H. "Identified dog"means any dog carrying an Identification Tag as defined above.
I. "Owner"means any person who harbors or keeps any dog.
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J. "Owner of record" means the person in whose name any dog was last licensed
pursuant to this Chapter, except that if any license is issued on application of a person
under eighteen years of age, the owner of record shall be deemed to be the parent or
guardian of such person. If it cannot be determined in whose name any dog was last
licensed or if the owner of record has filed a statement pursuant to the Agriculture
and Markets Law Section 112, the owner shall be deemed to be the owner of record
of such dog, except that if the owner is under eighteen years of age, the owner of
record shall be deemed to be the parent or guardian of such person.
K. "Person" means any individual, corporation, partnership, association or other
organized group of persons, or other legal entity.
L. "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.
M. "Town"means the Town of Queensbury.
N. "Hearing dog" means any dog that is trained to aid a person who is deaf or hard of
hearing and is actually used for such purpose, or any dog during the period such dog
is being trained or bred for such purpose.
O. "Service dog" means any dog that has been or is being individually trained to do
work or perform tasks for the benefit of a person with a disability.
The Definitions set forth at New York State Agriculture and Markets Law Section 108
shall also be incorporated herein.
§ 73-5 Powers and duties.
The Dog Control_Officer is hereby authorized and empowered and is assigned and
delegated the following duties and responsibilities:
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 dogs.
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B. Responding to observations of or complaints concerning nuisance, stray, running at
large dogs and/or sick, disabled, injured or dead animals as follows: c
1. In the case of dogs under the regulation and affected by Agriculture and Markets
Law Article 7 and this Chapter, the Dog Control Officer shall have all power,
authority, duties and/or responsibilities set forth in those aforesaid laws, and the
Dog Control Officer shall generally assist in, administer and enforce the
provisions of those laws.
2. In the case of dead dogs 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 may, by resolution, further clarify and identify the exact
responsibilities of the Dog Control Officer and other Town departments with
regard to this task.
3. In the case of dogs that are seized or captured in accordance with the provisions
of this Chapter or the Agriculture and Markets Law Article 7, 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.
4. In the case of dogs that are seized or have died, 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 dog.
C. Assisting in the arrangement of a quarantine or the removal for impounding and
testing of any dog when concerns for rabies exposure is present.
D. Maintaining records of work performed, including a record of all dogs impounded at
the Officer's direction, and/or those dead dogs picked up and disposed of.
E. Enforcing 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 the Criminal Procedural Law, serving a summons and serving and
executing any other order or process in the execution of the provisions of said
Chapter 73 and New York State Agriculture and Markets Law Article 7. The Dog
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Control Officer shall also assist in the filing of complaints by persons other than the
Dog Control Officer, as provided for by this Chapter and Agriculture and Markets
Law Article 7.
F. Performing such other additional and further duties that the Town Board may
determine by resolution.
§73-6 Licensing of dogs required; rabies vaccination required.
A. The owner of any dog reaching the age of four months shall immediately make
application to the Town Clerk for a dog license. No license shall be required for any
dog which is under the age of four months and which is not at large, or that is residing
in a pound or shelter maintained by or under contract or agreement with the Town,
duly incorporated society for the prevention of cruelty to animals, duly incorporated
humane society or duly incorporated dog protective association.
B. The license application shall be accompanied by the license fee and a certificate of
rabies vaccination or statement in lieu thereof by a licensed veterinarian statir,g that
the life of the dog would be endangered by administration of the vaccine. In the case
of a spayed or neutered dog, every application shall also be accompanied by a
certificate signed by a licensed veterinarian or an affidavit signed by the owner,
showing that the dog has been spayed or neutered, provided such certificate or
affidavit shall not be required if the same is already on file with the Clerk, or
statement in lieu thereof by a licensed veterinarian stating that the life of the dog
would be endangered by spaying or neutering.
C. 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.
D. The licensing fee for a spayed or neutered dog is $10, which includes a $1 surcharge
for the purpose of carrying out the New York State Animal Population Control
Program. The fee for an unspayed or unneutered dog is $15, which includes a $3
surcharge for the purpose of carrying out the New York State Animal Population
Control Program. The fee for replacing a lost license tag is $3.
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E. Licensing fees for persons age 65 and over is $5 for a spayed or neutered dog, which
shall include a $1 surcharge for the purpose of carrying out the New York State
Animal Population Control Program, and is $10 for an unspayed or unneutered dog,
which includes a $3 surcharge for the purpose of carrying out the New York State
Animal Population Control Program. The fee for replacing a lost license tag is $3.
F. The Town of Queensbury does not issue purebred or kennel licenses. All dogs must
be individually licensed as set forth above.
G. 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 is exempt from license fees.
H. 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 licenses.
Any shelter placing a dog for adoption must refer the adoptive dog's 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.
I. All dog licenses may be purchased 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 shall be no refund of fees.
J. Upon validation, the Clerk shall: (i) provide a copy of the license to the owner, and
(ii) retain a record of the license, which shall be made available upon request to the
New York State Commissioner of Agriculture and Markets for purposes of rabies and
other animal disease control efforts and actions.
K. No license is transferable. Upon the transfer of ownership of any dog, the new owner
shall immediately make application for a license for such dog.
L. In the event of change of ownership, change of address, loss or death of a dog
licensed hereunder, the owner of record shall so advise the Clerk in writing within ten
days.
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M. All fees shall be used in funding the administration of the Dog Control Law of the
Town of Queensbury.
§73-7 Identification tags to be worn.
At the time the dog is first licensed, the Town shall issue that dog an identification
number. Such identification number shall be carried by the dog on an identification tag which
shall be affixed to a collar on the dog at all times. No tag carrying an identification number
shall be affixed to the collar of any dog other than the one to which that number has been
assigned.
§73-8 Prohibited conduct.
A. It shall be a violation of this Chapter for any person, including the owner of a dog or a
custodian or other person exercising control over that dog in the absence of the
owner, to permit or allow such dog to:
1. 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 this
Chapter, a dog or dogs hunting in the company of a hunter or hunters shall be
considered as accompanied by its owner. For purposes of this paragraph, "full
control" includes the ability to promptly bring a dog to heal.
2. 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. It shall not be a defense that the identity of the
specific dog engaged in this prohibited conduct cannot be established.
3. Chase,jump at or upon or otherwise harass any person, or any pet in the company
of such person, in such manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm to him or her-self or
such pet.
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4. 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.
5. If a female dog, when in heat, be off the owner's or custodian's premises
unrestrained by a leash.
6. Defecate on public property within the Town, or private property within the Town
unless with the property owner's consent,.unless such defecation is immediately
removed.
7. Be without its identification tag off of the owner's premises.
8. To be unlicensed within the Town as required in §73-5 (applicable to owner
only). It shall not be a defense that the identity of the specific unlicensed dog
cannot be established.
9. To wear an identification tag identifying another dog.
B. It is unlawful for any person to:
1. Fail to confine, restrain or control such dog off of the premises of such person.
2. fail to exercise due diligence in handling his or her dog if the handling results in
harm to another dog that is a guide, hearing or service dog.
3. Furnish any false or misleading information on any form required to be filed with
the Town pursuant to the provisions of this Chapter.
4. Fail to notify the Town Clerk of any change of ownership or address of the owner,
or of the death or transfer of ownership of a dog licensed by the Town.
5. Violate any other of the requirements of this Chapter or of Article 7 of the New
York State Agriculture and Markets Law.
§73-9 Seizure of dogs; redemption periods; impoundment fees; adoption.
A. Any dog control officer or peace officer, acting pursuant to his or her special duties,
shall seize:
1. any dog which is not identified and which is not on the owner's premises;
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2. any dog which is not licensed, whether on or off the owner's premises;
3. any dog which is not in the control of its owner or a custodian or not on the
premises of the dog's owner or custodian, if there is probable cause to believe
the dog is dangerous; and
4. any dog which poses an immediate threat to the public safety.
B. Any dog control officer or peace officer, acting pursuant to his special duties, may
seize any dog in violation of this Chapter or Article 7 of New York State Agriculture
and Markets Law.
C. Each dog so seized shall be properly sheltered, fed and watered for the redemption
period.
D. Each dog which is not identified, whether or not licensed, shall be held for a period of
five days from the day seized during which period the dog may be redeemed by its
owner, provided that such owner produces proof that the dog has been licensed and
has been identified pursuant to the provisions of this Chapter and further provided
that the owner pays the impoundment fees set by the Town.
E. Promptly upon seizure of any identified dog, the owner of record of such dog shall be
notified personally or by certified mail, return receipt requested, of the seizure and the
procedure for redemption. If notification is personally given, such dog shall be held
for a period of seven days after day of notice, during which period the dog may be
redeemed by the owner. If such notification is made by mail, such dog shall be held
for a period of nine days from the date of mailing, during which period the dog may
be redeemed by the owner. In either case, the owner may redeem such dog upon
payment of the impoundment and boarding fees set forth in this Chapter and by
producing proof that the dog has been licensed.
F. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate
redemption period, and the dog shall then be made available for adoption or
euthanized to the extent permitted by law. The cost of boarding and all medical
expenses incurred shall be paid by the owner
G. No liability in damages or otherwise shall be incurred on account of the seizure,
euthanization or adoption of any dog pursuant to the provisions of this Chapter or
Article 7 of the State Agriculture and Markets Law.
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H. If any dog is seized and impounded in accordance with this Chapter or Article 7 of
the Agriculture and Markers Law, an impoundment fee shall'be imposed for the first
impoundment of any dog owned by that person of $25 per dog. For a second
impoundment of any dog owned by that person, the fee shall be $50 per dog, and for
a third or subsequent impoundment of any dog owned by that person, the fee shall be
$75 per dog. In addition to the impoundment fees, the dog owner shall pay the daily
room and board for the dog(s). If a dog is euthanized, the owner shall be responsible
for such fees in addition to all other fees.
§73-10 Penalties.
A violation of this Chapter is a violation as defined in Article 10 of the New York Penal
Law, and is punishable by a fine of not less than one hundred dollars and not more than one
hundred fifty dollars, except that(i) where the person was found to have violated this Chapter
(as from time-to-time amended) or Article 7 of New York State's Agriculture and Markets
Law, within the preceding five years, the fine may be not less than one hundred fifty dollars
and no more than two hundred fifty dollars, and (ii) where the person was found to have
committed two or more such violations within the preceding five years, it shall be punishable
by a fine of not less than two hundred fifty 'dollars and/or imprisonment for not more than
fifteen days, or both.
Section 4. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 5. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict
with any part of this Local Law are hereby repealed.
Section 6. This Local Law shall take effect upon filing in the office of the New York State
Secretary of State or as otherwise provided by law.
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