LL 08.2023 Chapter 73 Dog Control - Amend to Delete Criminal Procedure and Provide for Civil Penalties - 6-19-2023 New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
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Local Law Filing Albany, NY 12231-0001
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(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.
['County City ❑x Town Village
(Select one)
of QUEENSBURY
Local Law No. 8 of the year 20 23
A local law TO AMEND QUEENSBURY TOWN CODE CHAPTER 73 ENTITLED, "DOG CONTROL"
(Insert Title)
TO PROVIDE FOR CIVIL PENALTIES
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
County City ❑x Town ❑Village
(Select one.)
of QUEENSBURY as follows:
Section 1: The name of this Local Law is: " A Local Law to Amend Queensbury Town Code Chapter 73 Entitled, '
Dog Control' to Provide for Civil Penalties.
Section 2: Town Code Chapter 73, §73-5" Powers and duties of Dog Control Officer" subsection " E" is hereby
amended as follows:
§ 73-5 Powers and duties.
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 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.
Section 3: Town Code Chapter 73, §73-10 " Penalties for offenses" is hereby repealed and replaced as follows:
§ 73-10 Penalties for offenses.
A vioiation of thio Ghapte a
fine-of-rot •
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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preceding five years, the fine may be not less than $150 and no more than$250; and
B. 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 $250 and/or
imprisonment for not more than 15 days, or both.
A violation of this Chapter is punishable by a monetary civil penalty/fine of $125
except that:
A. Where the person was found to have violated this Chapter (as it is from time to time
amended) or Article 7 of New York State's Agriculture and Markets Law, within
the preceding five years, the fine shall be $250;
B. 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$350.
Section 4: 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
Section 5: 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. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 6: Effective Date—This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with line dr.,wn though is old language to be deleted.
(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 20 23 of
the QC6XlX4Sc )(N(Town)( )of QUEENSBURY was duly passed by the
TOWN BOARD on JUNE 19 20 23 , 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 ((XaiXi?Sr i ',)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , 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
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20_ . Such local
(Elective Chief Executive Officer*)
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 (Rc".r'4'14) .^0e' .J
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 '• •' office and that the same is a
correct transcript therefrom and of the whole of such original local I.• and was fin. ado.ted in the manner indicated in
paragraph ,1 above.
Clerk of the county eg�ive bd'dy,, ity, own illage Clerk or
officer designated by local legislative body
(Seal) Date: Le-fit` D-o-x3
DOS-0239-f-I (Rev.04/141 Pane? ^f 4
LOCAL LAW NO.: 8 OF 2023
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 73 ENTITLED, "DOG CONTROL"
TO PROVIDE FOR CIVIL PENALTIES
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
Section 1: The name of this Local Law is: "A Local Law to Amend Queensbury Town
Code Chapter 73 Entitled, `Dog Control' to Provide for Civil Penalties.
Section 2: Town Code Chapter 73, §73-5 "Powers and duties of Dog Control Officer"
subsection "E" is hereby amended as follows:
§ 73-5 Powers and duties.
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, pufstiant to
the rr;m;r^' Pfeee ufal raw, 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 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.
Section 3: Town Code Chapter 73, §73-10 "Penalties for offenses" is hereby repealed and
replaced as follows:
§ 73-10 Penalties for offenses.
Law and is ptmishable by a fifte of fiet less than $100 and fiet tnefe than $150, exeept that:
Note: Language in bold italics is new language to be added;
Language with lifte df ,:„ fh,-,,,,g is old language to be deleted.
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A. Whefe the pefsen was fatmd to have violated this Chaptef (as ftem time to ttme
pfeeeding five yeafs, the fine may be not less than $150 and no tnefe than $250; an
the pfeeeding five yeafs, it shall be ptmishable by a fine of not less than $250 andle
A violation of this Chapter is punishable by a monetary civil penalty/fine of $125
except that.
A. Where the person was found to have violated this Chapter (as it is from time to time
amended) or Article 7 of New York State's Agriculture and Markets Law, within
the preceding five years, the fine shall be $250;
B. 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$350.
Section 4: 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.
Section 5: 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. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 6: Effective Date — This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with lifte df ,:„ fh,-,,,,g is old language to be deleted.
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