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.
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.
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.
[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.