[HISTORY: Adopted by the Town Board of the Town of Greenfield 11-11-2010 by L.L. No.
2-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local lawr also superseded former
Ch. 45, Dogs, adopted 2-12-1981, as amended.
The Town Board of the Town of Greenfield finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons and damage to property and
have created nuisances within the Town. The purpose of this chapter
is to protect the health, safety and well being of persons and property
by imposing restrictions and regulations upon the keeping and running
at large of dogs and the seizure thereof within the Town.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law (as amended by L. 2010, c. 59,
Part T) and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be the "Dog Control Law of the
Town of Greenfield."
As used in this chapter, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species canis familiaris.
Person entitled to claim lawful custody and possession of
a dog and who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Dog Control Officer and a reasonable search has been made.
If a dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association, or corporation, who or which
at any time owns or has custody or control of, harbors, or is otherwise
responsible for any dog which is kept, brought or comes within the
Town. Any person owning or harboring a dog for a period of one week
prior to the filing of any complaint charging a violation of this
chapter shall be held and deemed to be the owner of any dog found
to be in violation of this chapter.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Greenfield.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run
at large. All dogs must be accompanied by and under the immediate
supervision and full control of the owner or other responsible person.
A dog or dogs hunting in the company of a hunter or hunters does not
constitute running at large.
B.
Engage
in habitual and loud howling, barking, crying or whining or conduct
as to unreasonably and habitually disturb the comfort or repose of
any person other than the owner of such dog.
C.
Cause
damage or destruction to vegetables, lawns, flowers, garden beds or
other property or commit a nuisance by defecating or urinating upon
the premises of a person other than the owner or person harboring
such dog.
D.
Chase,
jump upon or at, or otherwise harass any person in such manner as
to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm or injury.
E.
Habitually
chase, run alongside of or bark at motor vehicles, motorcycles or
bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Bite,
attack or cause injury to a person.
A.
All dogs in the Town of Greenfield 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 $8 (which includes the assessment of a $1 surcharge for the
purpose of carrying out animal population control). The fee for an
unspayed or unneutered dog will be $15 (which includes the assessment
of a $3 surcharge for the purpose of carrying out animal population
control). Fees shall be reviewed by the Town Board periodically and
may be changed by a resolution of the Town Board, if deemed necessary.
D.
Purebred license. The Town of Greenfield will not be issuing purebred
licenses. All dogs will be licensed individually as per the fee system
stated above.
E.
Service dogs. The Town of Greenfield will require a license for any
guide dog, service dog, hearing dog or detection dog as those terms
are defined by § 108 of the Agriculture and Markets Law;
however, no license fee shall be charged.
F.
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
at the time the enumeration is conducted.
G.
The Town of Greenfield shall contract with the Saratoga County Animal
Shelter to license dogs adopted by residents of the Town of Greenfield.
H.
All dog licenses may be purchased by visiting the office of the Town
Clerk or by regular mail. When licensing or renewing a license by
mail, the appropriate fee must accompany the forms. Fees are nonrefundable.
A.
Any dog found in violation of the provisions of § 45-5 may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every
dog seized shall be properly cared for, sheltered, fed and watered
for the redemption periods set forth in § 117 of the Agriculture
and Markets Law.
C.
If
any dog is seized or impounded for a violation of this law, the impoundment
fee for the first offense will be $10 plus $5/day. For a second offense,
the impoundment fee will be $50 plus $5/day. In addition, if a dog
is euthanized, the dog owner shall be responsible for such euthanization
charges.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
E.
Any
dog unredeemed at the expiration of the appropriate redemption period
shall be made available for adoption or euthanized pursuant to the
provisions of § 117 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with the Dog Control Officer of the Town
of Greenfield specifying the nature of the violation, the date thereof,
a description of the dog and the name and a residence, if known, of
the owner of such dog. Such complaint may serve as a basis for enforcing
the provisions of this chapter.
A Dog Control Officer designated by the Town Board, as provided
by § 113 of the Agriculture and Markets Law, may enforce
the provisions of this chapter and may also investigate and report
to the Town Justice of any dangerous dog, as described in § 123
of the Agriculture and Markets Law, and see that the order or orders
of the Town Justice in such case are carried out.
Any person convicted of a violation of this chapter shall be
deemed to have committed a violation and shall be subject to the penalties
set forth as follows: $25 for a first violation; $50 for a second
violation and $75 for each subsequent violation.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Greenfield, and they shall be, upon the effectiveness of this chapter,
null and void.
This chapter shall be effective January 1, 2011, after filing
with the Secretary of State.
