Town of Ghent, NY Article III Dog Impoundment Fees

[Adopted 5-16-2002 by L.L. No. 3-2002[1]; amened in its entirety 12-16-2010 by L.L. No. 5-2010[2]]

[1] Editor's Note: This local law also repealed former Art. III, Dog Impoundment Fees, adopted 5-17-2001 by L.L. No. 1-2001.

[2] Editor's Note: This local law also provided that it would take effect 1-1-2011.

§ 71-18 Statutory authority.

Section 117 of the Agriculture and Markets Law of the State of New York provides for impoundment fees for dogs that are seized pursuant to the provisions of Article 7 of the Agriculture and Markets Law. Subdivision 4 of § 117 of the Agriculture and Markets Law provides that, notwithstanding the fees set forth in this section, any municipality may set by local law or ordinance such fees in any amount. Accordingly, the Town of Ghent hereby sets such impoundment fees in accordance with the provisions of § 71-19 of this article.

§ 71-19 Fees established.

The fee for impoundment and redemption of any dog seized as set forth in § 117, Subdivision 4, of the Agriculture and Markets Law is hereby modified to provide that the owner of any such dog as referenced therein shall pay an impoundment fee as set forth hereafter:

A. When the dog is held by the Dog Control Officer before or during transport to the Columbia Greene Humane Society: the sum of $25 per day for any spayed or neutered dog and the sum of $50 per day for any unspayed or unneutered dog. The Dog Control Officer is authorized to collect this fee.

B. For the first impoundment at the Columbia Greene Humane Society during any one-year period: a fee of $40 per day for any spayed or neutered dog and a fee of $50 per day for any unspayed or unneutered dog for up to six days.

C. For a second impoundment at the Columbia Greene Humane Society of the same dog during any one-year period: the sum of $50 per day for any spayed or neutered dog and the sum of $75 per day for any unspayed or unneutered dog for up to six days.

D. For a third impoundment at the Columbia Greene Humane Society of the same dog during any one-year period: the sum of $75 per day for any spayed or neutered dog and the sum of $100 per day for any unspayed or unneutered dog for up to six days.

E. In addition, there shall be an additional impoundment fee of $75 per dog if the dog is not redeemed on or before the sixth day.

§ 71-20 Applicability.

The fees set forth herein shall be applicable in lieu of the fees set forth pursuant to § 117, Subdivision 4, of the Agriculture and Markets Law, and also shall take the place of any previous fees established pursuant to any previous local law of the Town of Ghent.

§ 71-21 Collection of unpaid impoundment fees.

[Added 2-16-2012 by L.L. No. 2-2012]

A. The Town of Ghent shall be entitled to collect from any person owning or harboring a dog the amount paid by the Town of Ghent to any third party or entity relating to the costs, expenses and fees incurred by the Town by reason of the impoundment of any such dog. The Town of Ghent Dog Control Officer is hereby authorized to bring a small claim in the Ghent Justice Court against any such person and to obtain a judgment in favor of the Town of Ghent for all such costs, expenses and fees incurred by the Town.

B. The Town of Ghent shall also be entitled to recover, in any such small claims proceeding, all costs, expenses and reasonable attorney's fees incurred by the Town in connection with the prosecution of any such claim.