[HISTORY: Adopted by the Town Board of the Town of Sand Lake 12-29-2010 by L.L. No. 1-2011[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Animal noises — See Ch. 170.
Animals in parks and recreation areas — See Ch. 175.
[1]
Editor’s Note: This local law also repealed former Ch. 75, Animals, which consisted of Art. I, Dog Licensing and Adoption Fees, adopted 7-14-1982 by L.L. No. 1-1982, and Art. II, Dog Control, adopted 7-11-1984 by Ord. No. 1-1984, as amended.
A. 
Dogs. Effective January 1, 2011, the State of New York relinquishes the responsibility of dog licensing to local municipalities. The Town of Sand Lake is required to adopt legislation relating to this issue. The Town Board of Sand Lake finds that uncontrolled behavior of licensed and unlicensed owned dogs and dogs with unidentified owners have caused physical harm to persons and damage to property, and otherwise create a nuisance within the Town. The purpose of this chapter is to provide for the licensing and identification of dogs and protection of persons and property by enforcing regulations on the activities of dogs that are consistent with both the rights and privileges of dog owners as well as the rights and privileges of other citizens within the Town of Sand Lake.
B. 
Other species of owned animals. The Town Board of Sand Lake finds that owned animals of species other than dogs, when uncontrolled, cause property damage and create traffic hazards within the Town of Sand Lake. The purpose of this chapter is to provide regulations for the control of such owned animals.
A. 
All terms not specifically defined herein shall have the meaning assigned to such terms within Article 7 Section 108 of the Agriculture and Markets Law of New York State. The word "shall" is intended to be mandatory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person or persons appointed by the Town for the purpose of enforcement of the duties of Dog Control Officer as described in Agriculture and Markets Law and the municipal animal control law of the Town of Sand Lake.
BOARDING AND ASSOCIATED CHARGES
The rate charged by the Town kennel, shelter contracted with the Town or holding facility authorized by the animal control officer for the housing, general care, feeding, veterinary care, vaccination and transportation of a seized animal.
CLERK
The Town Clerk or Deputy Town Clerk(s) of the Town of Sand Lake or their duly authorized agents.
DANGEROUS DOG
As defined within Article 7 of Agriculture and Markets Law.
DOG
Any male or female member of the species canis familiaris, licensed or unlicensed.
DOG OWNER
Any person a minimum of 18 years of age who harbors a dog is responsible for licensing and providing humane care for that dog. If a dog owner is under the age of 18 years of age, a parent or guardian will be deemed the owner. If the dog is not licensed, the head of the household in which the animal resides shall be deemed the owner and shall be responsible for any acts of violation of both Agriculture and Markets Law and this chapter of the law of the Town of Sand Lake.
DOG OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this chapter, except if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
DOG: RUN AT LARGE
A dog is deemed running at large if it is off the premises of the dog's owner and on private lands of another without permission of that landowner. A dog is deemed running at large if it is not on a leash or accompanied by its owner or another responsible person able to control it. No dog shall be deemed to be at large if it is licensed and accompanied by its owner and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
EUTHANASIA or EUTHANIZE
To bring about the death by a humane method as defined in Agriculture and Markets Law.
HARBOR
To provide food and/or shelter to any species of animal listed in this chapter.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk and any other information deemed necessary by the Town Clerk.
OTHER SPECIES OF OWNED ANIMAL
Any species of animal listed in this chapter that is owned or harbored within the Town of Sand Lake, including any pure-breed or mixed-breed cat, horse, cattle, poultry, llama, alpaca, goat, pig, emu or reptile.
OTHER SPECIES OF OWNED ANIMAL: RUN AT LARGE
Any species of owned animal, other than a dog, as described in this chapter, is deemed running at large when it is off the property of its owner while not under the control of the owner and on private lands without the permission of the landowner and any species of owned animal presenting a potential traffic hazard while wandering in or near public roadways.
OWNER, OTHER SPECIES OF OWNED ANIMAL
Any species of animal as defined within this chapter harbored within the Town of Sand Lake is considered owned by the head of the household of the property where the animal resides and shall be responsible for any acts of violation of this chapter of the law of the Town of Sand Lake.
PERSON
A person, partnership, corporation, association or other organized group of persons, business entity, municipality, or other legal entity.
PERSON WITH DISABILITY
Any person with a disability as defined in New York State Executive Law and/or Americans with Disabilities Act.
POLICE OR DETECTION DOG
Any dog currently being used in police work.
RESIDENT
(A person) an individual who maintains a residence within the Town of Sand Lake, County of Rensselaer, State of New York.
SEIZE or SEIZURE
Refers to the Animal Control Officer taking possession of a dog or other owned animal as defined within this section for the purposes of protecting the public, protecting or providing care for that animal and all seizures described within Article 7 of the Agriculture and Markets Law.
SENIOR RESIDENT
Any resident of the Town of Sand Lake age 65 or older.
SERVICE DOG or GUIDE DOG or HEARING DOG
Any dog that has been trained to assist a person with a disability and is being utilized for that purpose and any dog that is being trained and will be used by a person with a disability.
TOWN
The Town of Sand Lake, County of Rensselaer, State of New York.
TOWN KENNEL, SHELTER OR HOLDING FACILITY
Any facility under contract with the Town or authorized by the Animal Control Officer for the temporary housing of animals seized for violations of this chapter or held for safekeeping.
WAR DOG
Any dog which has been honorably discharged from the US armed services.
WORKING SEARCH DOG
Any dog trained to aid in the search of missing persons that is actually used for such purposes provided that such services provided are performed without charge.
A. 
No license shall be transferable. Upon transfer of ownership, all dogs, unless otherwise exempted, must be licensed when reaching the age of four months old and that license updated before or on the date of expiration. No license shall be required for any dog which is under the age of four months and which is not at large.
B. 
Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required. All dogs must have a rabies vaccination when reaching the age of four months of age unless[1]
[1]
Editor's Note: So in original.
C. 
All dogs, when reaching the age of four months, must be identified by a current license tag affixed to a collar placed on the dog unless the dog is actively participating in a dog show or competition.
D. 
The Town of Sand Lake does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owner to the Town Clerk of the Town of Sand Lake or the City in which the dog will be harbored for licensing or to the Town Clerk of the Town where the shelter is located for the purchase of the license for adoption.
E. 
Fee exemptions. All dogs must be licensed over the age of four months; however, there shall be no fee for any license issued for the following: a guide dog, hearing dog, service dog, working search dog, police dog or detection dog (as defined within Article 7 of the State Agriculture and Markets Law).
F. 
Dogs can only be licensed to the location at which the dog is harbored. In the event of a change in the ownership or change of address where the dog is harbored, a written report of such change shall be filed with the Town Clerk within 10 days of such change.
G. 
Dog license fees will be as follows: For a spayed or neutered dog (proof required) the fee will be $8 for a one-year license, which shall include the assessment of the mandatory New York State surcharge of $1 for the purpose of carrying out animal population control. The license fee for an unaltered (unspayed or unneutered) dog will be $11 for a one-year license, which includes the assessment of the mandatory New York State surcharge of $3 for the purpose of carrying out animal population control. The Town of Sand Lake will not issue purebred (kennel) licenses. All dogs must be individually licensed.
H. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, an additional fee of $10 will be assessed to all dogs found unlicensed or renewed during the time the enumeration is conducted.
I. 
A replacement tag fee of $2.50 shall be charged to offset the costs associated with the provision and replacement of the identification tags.
A. 
Any dog harbored within the Town which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this chapter.
It shall be an offense, punishable as hereinafter set forth for:
A. 
Any person to own or harbor an unlicensed dog or permit a dog license to expire.
B. 
Any person to own or harbor a dog that is not identified by a tag as required by this chapter.
C. 
Any person to knowingly affix to any dog any false or improper identification tag, rabies vaccination tag or special identification tag for identifying guide, service, hearing dogs, police, detection dogs or working search dogs.
D. 
Any person owning or harboring a dog to fail to keep rabies vaccination current for any dog over four months of age unless the owner provides a statement certified by a licensed veterinarian stating that because of age or other reason the life of the dog would be endangered by the administration of vaccine.
E. 
Any dog owner of record to fail to report a change of ownership, lost, stolen or deceased dog to the Town Clerk within 10 days of such change in status.
A. 
It shall be unlawful to permit any dog to run at large.
B. 
No person shall own or harbor any dog that howls or barks continuously for an unreasonable length of time (an unreasonable length of time is to be left to the discretion of the Animal Control Officer).
C. 
No person shall own or harbor any dog allowed to chase or otherwise harass any person in such a manner as to reasonably cause intimidation or put such person in reasonable apprehension of bodily harm or injury or to cause bodily harm or injury to any person.
D. 
No person shall own or harbor any dog that is allowed to chase, run alongside or bark at any motor vehicle, horse or bicycle or otherwise present a traffic hazard on an public roadway.
E. 
No person shall own or harbor any dog that causes any damage to any property or destroy or deface such property within the Town. It shall be considered property damage for a dog to dig holes on improved real property, including but not limited to lawns, gardens, shrubs and ornamental flowers, or to destroy by tearing, chewing or scratching any personal property.
F. 
No person shall own or harbor any dog that creates a nuisance by defecating or urinating on public or private property other than the owner of the dog.
G. 
No person shall own or harbor a dog that attacks any other dog or any other species of owned animal described in this chapter.
H. 
No person shall allow any dog to chase or harass deer or other wildlife.
I. 
No person shall drop any dog within the geographical limits of the Town of Sand Lake and leave same unattended or abandoned.
J. 
No person shall permit any dog to be in or on any park, beach or recreational property owned by the Town of Sand Lake, whether leashed or otherwise, except for service dogs, hearing dogs, guide dogs, police dogs, working search dogs or detection dogs or by exemption of the Town Board.
[Amended 8-31-2011]
A. 
No person shall own or harbor any species of owned animal, described in this chapter, to run at large.
B. 
No person shall own or harbor any species of owned animal, described in this chapter, to cause damage of private property other than on the property of the animal owner.
A. 
The regulation and enforcement of the keeping and maintenance of a dog pursuant to this section is provided to the Town of Sand Lake by Agriculture and Markets Law Article 7, § 122, regarding municipal authority to enact local law.
B. 
Dogs kept within the Town of Sand Lake must be maintained in a humane manner.
C. 
Any dog owner or person harboring a dog is required to:
(1) 
Provide dog with necessary access to sustenance; food or drink
(2) 
Provide dog with appropriate shelter for dog left outside which must have a waterproof roof; be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather; be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and allow for effective removal of excretions, other waste material, dirt and trash. The housing facility and the area immediately surrounding it shall be regularly cleaned to maintain a healthy and sanitary environment and to minimize health hazards. For dogs that are restrained in any manner outdoors, shade by natural or artificial means must protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog.
D. 
Upon a finding of any violation of this section, any dog or dogs seized pursuant to the provisions of this chapter that have not been voluntarily surrendered by the owner or custodian or forfeited pursuant to court order shall be returned to the owner or custodian only upon proof that appropriate shelter, as required by this section, is being provided, the dog is licensed and all charges associated with such seizure have been paid.
E. 
Upon a finding that a seized dog has been improperly kept, the owner or person harboring said dog will pay all boarding and associated charges in full from the time of seizure and in advance no less than five days should continuance of court procedures be scheduled. The owner or person who harbors said dog will be responsible for all charges associated with the disposition of the dog should the dog be abandoned at any time before, during or after the court proceedings.
F. 
A dog will be considered abandoned if the owner or person responsible for paying the boarding and associated charges for housing the dog does not pay the amount in full as per this section. A dog so abandoned will become the property of the Town of Sand Lake and will be disposed of in accordance with Agriculture and Markets Law.
A. 
Any police officer or peace officer may seize any animal pursuant to § 373, Article 26, of the Agriculture and Markets Law.
B. 
The Animal Control Officer may seize any dog as per § 117 and/or § 123 Article 7 of the Agriculture and Markets Law.
C. 
The Animal Control Officer, any police officer or peace officer may seize any dog not being kept to the minimum standards of § 75-8 of this chapter.
D. 
Redemption of a seized dog by the owner must include proof of licensing and payment of all boarding and associated charges in full before a dog is released. The owner of a dog held at the Town kennel awaiting court proceedings must submit advance payment of all boarding and associated charges in the amount of a minimum of five days expenses at all times during the time the dog is held. The owner of the dog shall be responsible for all charges associated with the disposition of the dog should the dog be abandoned at any time before, during or after the court proceedings. A dog will be considered abandoned if the owner or person responsible for paying the boarding and associated charges for housing the dog does not pay the amount in full as per this section. A dog so abandoned will become the property of the Town of Sand Lake and will be disposed of in accordance with Agriculture and Markets Law.
E. 
The Animal Control Officer may seize any other species of owned animal as described in this chapter if running at large when it is off the property of its owner while not under the control of the owner and on private lands without the permission of the landowner and any species of owned animal presenting a potential traffic hazard while wandering in or near public roadways. The Animal Control Officer may arrange for care or shelter with an appropriate entity, kennel, stable, farm or veterinary until an owner is located or for five days from the date of seizure. If no owner comes forward within a five-day period the owner will relinquish ownership and the animal may be adopted out or euthanized. If the owner is located after the five-day period the owner will be responsible for all charges associated with the seizure, boarding, veterinary care and disposition of that animal.
A. 
Penalties for offenses: Any person convicted of a violation of this chapter shall be liable for a penalty of not less than $25 or more than $50 for a first violation occurring within the past five years; of not less than $50 or more than $100 for a second violation occurring within the past five years; and of not less than $100 or more than $500 where the person is found to have committed two or more violation within the past five years.