[Adopted 7-10-1995 by L.L. No. 3-1995]
The Village of Ballston Spa, New York, hereby recognizes the need and benefit of its citizens in enhancing and maintaining the cleanliness and beauty of property owned and/or maintained by the Village of Ballston Spa, as well as private property owned by its residents. The Village further recognizes the danger to public health, and particularly to young children, of accumulations of unremoved dog waste. The purpose of these provisions is to enact and enforce certain regulations concerning the activities of dogs within the Village as those activities relate to the maintenance of clean and sanitary property.
A. 
Any person who owns or is in charge of any dog which defecates upon property owned and/or maintained by the Village of Ballston Spa or any public sidewalk shall immediately remove said waste product and dispose of it in a sealed, nonabsorbent, leakproof container. The waste material shall be disposed of by said person in a container used for the disposal of refuse.
[Amended 5-14-2001 by L.L. No. 1-2001]
B. 
These provisions shall also apply to private property in the Village of Ballston Spa, unless the owner of said property gives his or her permission for the deposit of said waste on his or her property.
C. 
This section shall not apply to a blind person with a guide dog or otherwise disabled person with a dog trained to assist them nor to police or service dogs.
Any person convicted of a violation of these provisions shall be deemed to have committed a violation and shall be subject to the following fines:
A. 
A minimum fine of at least $10 and not more than $25 for the first conviction of a violation of these provisions.
B. 
A minimum fine of at least $25 and not more than $50 for the second conviction of these provisions within one year of the first conviction of a violation of these provisions.
C. 
A minimum fine of at least $50 and not more than $100 for the third conviction of a violation of these provisions within one year of the first conviction of a violation of these provisions.
D. 
A minimum fine of at least $125 and not more than $250 for the fourth or additional convictions of a violation of these provisions within one year of the first conviction of a violation of these provisions.
Any police officer in the employ of or under contract to the Village of Ballston Spa or any Animal Control Officer or peace officer who, acting pursuant to his or her special duties, shall observe a violation of these provisions or who shall have reason to believe that such violation shall have occurred shall issue and serve an appearance ticket to the person owning or in charge of the dog as referred to herein.