[HISTORY: Adopted by the Town Board of the
Town of Lake George as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: This local law provided for an effective date
of 1-1-2011.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York, as
amended by Chapter 59, Part T, of the laws of 2010, and as may be
subsequently amended or revised.
The purpose of this article shall be to preserve public peace
and good order in the Town of Lake George 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 Lake George.
As used in this article, the following terms shall have the
meanings indicated:
Off the premises of the owner.
A person or persons appointed by the Town for the purpose
of enforcing this article.
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.
Any person who keeps, harbors, or has 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 more than one week shall be deemed to be the owner
of the dog for the purpose of enforcing this article.
It shall be unlawful for any owner of a dog in the Town of Lake
George to permit or allow such dog to:
A.
Run at large, unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of
this article, a dog or dogs hunting in company of a hunter or hunters
shall be considered as accompanied by its owner.
B.
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.
C.
Cause damage or destruction to public or private property, defecate,
urinate or otherwise commit a nuisance upon the property of other
than the owner or harborer of the dog.
D.
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.
E.
Chase, leap on or otherwise harass bicycles or motor vehicles.
F.
Kill or injure any dog, cat or other household pet.
G.
Be unlicensed when four months of age or older.
H.
Not have a current and valid Town of Lake George identification tag
on its collar while at large, whether or not restrained by an adequate
leash.
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 Dog Warden/Animal Control Officer, or any peace
officer, and removed to a safe place of confinement.
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 Lake George to be released to an authorized humane
society, veterinarian or kennel for adoption or euthanasia.
A.
License required. All dogs in the Town of Lake George shall be licensed
with the Town Clerk by the age of six months, and any person applying
for a dog license shall present a current certificate of rabies vaccination
at the time of making application for a license or for the renewal
of an existing license.
B.
Expiration of license. All dog licenses shall be valid for a period
of one year and shall expire at the end of the month one year from
the date of issuance.
C.
License fees. The fee for a spayed or neutered dog shall be $5, which
fee includes the assessment of a surcharge of $1 for the purpose of
carrying out a program of animal population control. The fee for an
unspayed or unneutered dog shall be $15, which fee includes the assessment
of a surcharge of $3 for the purpose of carrying out a program of
animal population control. Replacement tag fees shall be $2. Such
fees shall be reviewed by the Town Board periodically and may be changed
by resolution of the Town Board, as necessary.
D.
Purebred license. The Town of Lake George shall not issue purebred
or kennel licenses. All dogs shall be licensed individually in accordance
with the fees stated above.
E.
Service dogs. The Town of Lake George shall require a license for
any guide dog, service dog, hearing dog or detection dog, the license
fee will be waived as those terms are defined by Article 7 of the
Agriculture and Markets Law.
F.
Shelters. The Town of Lake George does not allow the licensing of
dogs by a shelter. The shelter shall send the adoptive dog owners
to the Clerk of the town or city in which the dog will be harbored
for licensing or to the Town Clerk of the Town of Lake George where
the shelter is located for the purchase of the license for adoption
purposes.
G.
All dog licenses shall be purchased in person at the Town offices
or by regular mail. If licensing or renewing a license by mail, the
appropriate fee shall accompany the forms. There shall be no refund
of fees.
H.
All fees shall be used in funding the administration of the Dog Control
Law of the Town of Lake George.
The Dog Warden/Animal Control Officer, or any peace officer,
shall seize any unlicensed dog whether on or off the owner's
premises and/or any dog not wearing a tag, not identified and not
on the owner's premises.
A.
If a dog seized is not wearing an identification tag (license tag),
it shall be held for a period of no less than five days.
B.
If a dog seized is wearing an identification number, 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
no less than seven days; if notified by mail, no less than nine days.
C.
The fees for any seizure and impoundment of each dog in violation of Article 7 of the Agriculture and Markets Law or of Article I of this chapter are as follows:
(1)
For the first impoundment: $25 plus the prevailing charge to the
Town of Lake George for each day of impoundment.
(2)
For the second impoundment: $45 plus the prevailing charge to the
Town of Lake George for each day of impoundment.
(3)
For the third impoundment: $65 plus the prevailing charge to the
Town of Lake George for each day of impoundment.
D.
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.
E.
Upon taking custody of any animal, the Dog Warden/Animal Control
Officer, or any peace 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 or release and
name and address of owner, if any.
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 Lake George or with the authorized Dog Warden/Animal
Control Officer or any peace officer, specifying the violation, the
date of violation, the damage caused and including place(s) violation
occurred and the name and address of the dog owner, if known.
The Dog Warden/Animal Control Officer of the Town of Lake George
shall, and all peace officers may, administer and enforce the provisions
of this article and for that purpose shall have the authority to issue
appearance tickets and to seize dogs, either on or off the owner's
premises, if witnessed to be in violation of this article.
No person shall hinder, resist or oppose the Dog Warden/Animal
Control Officer or peace officer authorized to administer or enforce
the 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 a Dog Warden/Animal Control
Officer or 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.
Any violation of this article shall be punishable, for each
violation, by a fine of not more than $250 or imprisonment for not
more than 15 days, or both.
