[HISTORY: Adopted by the Town Board of the Town of Malta as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 167.
[Adopted 7-7-1987 by Ord. No. 3-1987; amended in its entirety 10-2-2006 by L.L. No. 13-2006]
The intent of this article is to control the running at large of dogs, and to minimize other obnoxious animal behavior which may be a nuisance to residents of the Town.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person appointed by the Town Board to assist in the enforcement of the Agriculture and Markets Law generally, and to enforce the provisions of this article. There may be more than one Animal Control Officer.
AT LARGE
The condition of an animal of being unleashed and on public property or on private property not owned or leased by the owner of the dog unless permission for such unleashed condition has been obtained. No animal shall be deemed to be "at large" if it is:
[Amended 5-2-2016 by L.L. No. 5-2016]
A. 
A police work dog being used for police work.
B. 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting with the consent of the landowner.
OWNER
Any person who owns, harbors or keeps an animal.
SERIOUS PERSONAL INJURY
Physical injury which creates a substantial risk of death, or which causes death, serious and protracted disfigurement, scarring, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
A. 
It shall be unlawful and a violation of this article for any owner of or any person harboring any dogs outside the boundaries of any incorporated Village in the Town of Malta to:
(1) 
Permit or allow such dog to: run at large, or be restrained by a non-retractable leash of more than six feet in length; or a retractable leash of more than six feet. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters with the permission of the landowner shall be considered as accompanied by their owner.
[Amended 5-2-2016 by L.L. No. 5-2016]
(2) 
Permit or allow such dog to: engage in habitual loud barking, whining or howling or to conduct itself in such a manner as to repeatedly annoy any person other than the owner. As used herein, the word "habitual" shall be defined as a dog barking, whining or howling for repeated intervals of at least 10 minutes with less than five minutes of interruption, which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the owner's or caretaker's premises.
(3) 
Permit or allow such dog to: cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner. The nuisance contemplated by this section shall include noxious odors emanating from any premises upon which any dog is harbored, which habitually annoy any person other than the owner.
(4) 
Permit or allow such dog to: chase or otherwise harass any person peaceably conducting himself in any place where such person may lawfully be in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
(5) 
Permit or allow such dog to: habitually chase or bark at motor vehicles, joggers, walkers, skateboarders and/or bicyclists.
[Amended 5-2-2016 by L.L. No. 5-2016]
(6) 
Permit or allow such dog to: cause serious personal injury to a person or domestic animal.
(a) 
Excused behavior. It shall be a defense to a prosecution under this article if the injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog.
(7) 
Bring such dog to any public function at which fireworks will be a part of the function.
B. 
It shall be unlawful for any owner of or any person harboring a cat to permit or allow such cat, while in the Town of Malta to:
(1) 
Cause serious personal injury to a person or domestic animal.
(2) 
Spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
(3) 
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
(4) 
Remain in the Town of Malta unless vaccinated currently against feline rabies.
A. 
The owner of an animal, whether it is tagged or not tagged or licensed, shall be responsible for removing and cleaning any waste or excrement deposited by said animal upon public or private property not belonging to the owner. All such waste and excrement shall be removed and cleaned by placement in a plastic or metal container and thereafter discarded in the same manner as garbage and refuse are to be discarded to avoid the waste and bacteria from being washed into storm drains or roadside ditches.
B. 
The owner of an animal shall provide such animal with adequate and wholesome food and water, adequate shelter and protection from inclement weather, and adequate veterinary care.
C. 
No person shall confine an animal in an unattended, enclosed vehicle when the outside temperature is 70° F. or more unless the interior of the vehicle is provided with conditioned air and maintaining an internal temperature of 80° F. or less.
D. 
The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle when he deems that there is a risk that such animal is suffering excess heat or cold or lack of oxygen.
E. 
The owner of an animal shall remove and properly dispose of such animal within 24 hours of such animal's death.
F. 
The owner of a female animal in heat shall confine such animal during such period.
[Amended 11-3-2010 by L.L. No. 10-2010]
The Animal Control Officer, to be designated by the Town Board of the Town of Malta as provided by § 114 of the Agriculture and Markets Law, may enforce the provisions of this article or of the Agriculture and Markets Law and may also investigate and report to a Town Justice of the Town of Malta any dangerous dog, as described in § 121 of the Agriculture and Markets Law, and may enforce orders of the Town Justice issued pursuant to such section.
[Added 11-3-2010 by L.L. No. 10-2010]
Clean-up of waste. The owner of a dog, whether said dog is tagged or not tagged or licensed, shall be responsible for removing and cleaning any waste or excrement deposited by said dog, upon public or private property not belonging to the owner of the dog. All such waste and excrement shall be removed and cleaned by placement in a plastic or metal bag or container and thereafter discarded in the same manner as garbage and refuse are to be discarded. This section shall not apply to those individuals considered legally blind.
[Added 11-3-2010 by L.L. No. 10-2010]
A. 
All dogs in the Town of Malta must be licensed with the Town Clerk by the age of four months and a current certificate of rabies vaccination is required to be presented 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 12th month from date of issue.
C. 
A late fee will be charged for all dog licenses not renewed within one month of the expiration date of the license.
[Amended 5-2-2016 by L.L. No. 5-2016]
D. 
An additional fee will be charged for any dog to be found unlicensed by the Animal Control Officer.
[Added 5-2-2016 by L.L. No. 5-2016]
E. 
All fees relating to the licensing of dogs shall be set forth in Schedule A to Chapter 88.
[Added 5-2-2016 by L.L. No. 5-2016]
A. 
A violation of this article shall be a violation. Any subsequent violation of this article shall be a class B misdemeanor.
B. 
Any person convicted of a violation of this article shall be subject to (1) a fine an amount not to exceed $250; (2) imprisonment for a term not exceeding 15 days; or (3) both.
C. 
In addition to the penalties set forth in Subsection A of this section, restitution for all damages and expenses, including those set forth in § § 52-9 and 52-10, shall be mandated.
A. 
An animal may be seized, pursuant to the provisions of § 118 of the Agriculture and Markets Law, for violation of the chapter.
B. 
Every animal seized shall be properly cared for, sheltered, fed and watered pursuant to § 118 of the Agriculture and Markets Law for a redemption period of not less than five days.
C. 
Seized animals may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article and § 52-10.
D. 
Any animal unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
In the event that the Town of Malta has, either directly or from a third party (including, but not limited to, the Saratoga County Animal Shelter), taken into its care and custody an animal subject to this article due to or following a violation of the requirements of this article, the Town of Malta shall be entitled to collect from the owner of such animal any out-of-pocket expenses incurred by the Town, including any veterinary or kenneling costs, on behalf of such animal. At the discretion of the Animal Control Officer, the Town may refuse to return such animal to the owner until and unless the animal is redeemed by the owner by payment of such costs and expenses and may, if payment is refused, have the animal held at a public or private kennel or the Saratoga County Animal Shelter at the owner's expense or, if the owner refuses to redeem the animal from the Town, have made available for adoption or euthanized pursuant to the provisions of, and to the extent provided by, § 118 of the Agriculture and Markets Law.