[HISTORY: Adopted by the Town Board of the Town of Ballston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2010 by L.L. No. 3-2010[1]]
[1]
Editor's Note: This article also superseded former Ch.
48, Animals, comprised of Art. I, Dog Control, adopted 6-6-1995 by
L.L. No. 5-1995, as amended.
The purpose of this article shall be to preserve public peace
and good order in the Town of Ballston and to promote the public health,
safety and welfare of its people by enforcing regulations and restrictions
on the activities of dogs that are consistent with the rights and
privileges of dog owners and the rights and privileges of other citizens
of the Town of Ballston.
The title of this article shall be the "Dog Control Law" of
the Town of Ballston.
As used in this article, the following terms shall have the
meanings indicated:
A person or persons appointed by the Town for the purpose
of enforcing this article.
An unleashed dog off the premises of the owner.
Both male and female dogs.
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors or has custody, care
or control of a dog. Dogs owned by minors shall be deemed to be in
custody and control of parents or other head of the household where
the minor resides. Any person harboring a dog for a period of one
week shall be deemed to be the owner of the dog for the purpose of
enforcing this article.
A.
It shall be unlawful for any owner of a dog in the Town of Ballston
to permit or allow such dog to:
(1)
Run at large.
(2)
Be off the owner's property unless leashed.
(3)
Engage in habitual loud howling, barking or whining or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or harborer of the dog.
(4)
Cause damage or destruction to public or private property or defecate,
urinate or otherwise commit a nuisance upon the property other than
the property of the owner or harborer of the dog.
(5)
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or to put such a person in reasonable apprehension
of bodily harm or injury.
(6)
Chase, leap on or otherwise harass bicycles or motor vehicles.
(7)
Kill or injure any dog, cat or other household pet.
(8)
Be unlicensed when four months of age or older.
(9)
Not have a current and valid New York State identification tag on
its collar while at large, whether or not restrained by an adequate
leash.
B.
Dogs actually used for the sport of hunting shall be allowed to run
at large while engaged in the sport of hunting, provided that said
dogs are under the control of their owner or other responsible person,
and further provided that said dogs we on property with the knowledge
and consent of the owner of said property.
All female dogs shall be confined to the premises of their owner
while such are in season (heat) and may not be left outside unattended.
Any owner not adhering to this rule will be subject to having the
dog seized by the Animal Control Officer/Dog Control Officer and removed
to a safe place of confinement.
A.
All dogs in the Town of Ballston must be licensed with the Town Clerk
by the age of four months and are required to present a current certificate
of rabies vaccination at the time of licensing or the renewal of an
existing license.
B.
All dog 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. The fee for a spayed or neutered dog
will be $10, which includes the assessment of a surcharge of $1 for
the purpose of carrying out animal population control. The fee for
an unsprayed or unneutered dog will be $17, which includes the assessment
of a surcharge of $3 for the purpose of carrying out animal population
control. The fees for the licensing of dogs will be reviewed by the
Town Board periodically and may be changed by a resolution of the
Town Board, if deemed necessary.
D.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to all dogs found unlicensed
or whose license has not been renewed at the time the enumeration
is conducted.
E.
Purebred license. The Town of Ballston will not be issuing purebred
or kennel licenses. All dogs will be licensed individually as per
the fee system stated above.
F.
Service dogs. The Town of Ballston will require a license for any
guide dog, service dog, hearing dog, working search dog, police dog,
therapy dog or detection dog, but no license fee shall be charged.
G.
The Town of Ballston shall contract with Saratoga County Animal Shelter
to license dogs adopted by residents of the Town of Ballston.
H.
All dog licenses may be purchased and obtained by visiting the office
of the Town Clerk or by regular mail. When licensing or renewing by
mail the appropriate fee must accompany the forms. Fees are nonrefundable.
I.
Fees for the seizure of dogs. The fee and fines are determined by
Saratoga County.
All premises occupied or used by dogs shall be kept in a clean,
sanitary condition. Failure to provide adequate food, water or space
shall subject dogs to seizure and confinement. "Adequate" shall mean
sufficient for age, size and number of dogs on the premises. Upon
conviction of the owner or harborer, the dogs become the property
of the Town of Ballston to be released to Saratoga County Animal Shelter,
an authorized humane society, veterinarian or kennel for adoption
or euthanasia.
Upon taking custody of any animal, the Animal Control Officer/Dog
Control Officer shall make a record of the matter. The record shall
include date of pickup, breed, general description, sex, identification
numbers, time of pickup, location of release and name and address
of owner, if any.
If a dog seized is not wearing an identification tag (license
tag), it shall be held for a period of not less than three days. If
a dog seized is wearing an identification number (license tag), the
owner shall be promptly notified either in person or by certified
mail. If the owner is notified in person, the dog shall be held for
a period of not less than seven days; if notified by mail, not less
than nine days. The owner of the dog shall be responsible for any
impoundment fee established by the Town, plus any other expenses incurred
by the municipality to humanely care for the dog. If not redeemed,
the owner shall forfeit all title to the dog, and it shall be released
to an authorized humane society or kennel to be adopted or euthanized.
Any person who observes a dog in violation of any section of
this article may file a signed complaint, under oath, with a Justice
of the Town of Ballston or with the authorized Animal Control Officer/Dog
Control Officer or any peace officer specifying the violation, the
date of violation, the damage caused and including the places the
violation occurred and name and address of the dog owner, if known.
Any person or persons who are or may be lawfully authorized
by the Town of Ballston shall, and all peace officers may, administer
and enforce the provisions of this article, and for this purpose shall
have the authority to issue summons or appearance tickets and to seize
dogs either on or off the owner's premises, if witnessed to be
in violation of this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $50 for a first violation; $100 for
a second violation and $250 for each subsequent violation, a period
of incarceration of up to 15 days, or both, or by a conditional discharge
as set forth in Article 65 of the Penal Law.
No person shall hinder, resist or oppose the Animal Control
Officer, Dog Control Officer, peace officer or other person(s) authorized
to administer or enforce provisions of this article in the performance
of the officer's duties under this article.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by an Animal Control Officer, Dog
Control Officer, peace officer or released to an authorized humane
society or veterinarian, shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of such dog or any other type of damage.
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Ballston and they shall be, upon the effectiveness of this article,
null and void.
This article shall become effective upon filing with the Secretary
of State.
