[HISTORY: Adopted by the Town Board of the Town of East Greenbush as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-1971 by L.L. No. 4-1971 (Ch. 11 of the 1991 Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is recognized that the running at large of dogs and the lack of proper control over dogs has resulted in damage to property and has endangered the health, safety and general welfare of residents of the Town of East Greenbush, Rensselaer County, New York, and that the health, safety and general welfare of the residents of the Town of East Greenbush, Rensselaer County, New York, will be promoted by legislation at the Town level prohibiting the running at large of dogs and otherwise regulating the keeping of dogs within the confines of the Town. It is not the intent of this article to supersede Article 7 of the New York State Agriculture and Markets Law. This article is enacted under the general powers of the Town of East Greenbush, Rensselaer County, New York, to enact local laws for the protection of the inhabitants of said Town.
As used in this article, the following terms shall mean:
DOG
Includes a female dog.
DOG CONTROL OFFICER
Any person appointed under § 113 of the New York State Agriculture and Markets Law to assist in the enforcement of Article 7 of such law and any representative of any incorporated society for the prevention of cruelty to animals, or similar incorporated dog protective association, with whom a contract has been lawfully entered into by the Town of East Greenbush, Rensselaer County, New York, to perform some or all of the functions of a Dog Control Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
LICENSE TAG
A current dog license tag issued pursuant to Article 7 of the New York State Agriculture and Markets Law or any successor statute.
OWNER
A person harboring or keeping a dog.
RUN AT LARGE or RUNNING AT LARGE
To be, or being, on premises other than premises owned or occupied as a residence or business by the owner of the dog or a member of such owner's family without the permission of the owner of the property while not controlled by either a leash not exceeding eight feet in length or by a responsible person capable of controlling such dog; or to be, or being, on any public sidewalk, street, highway or road while not controlled by either a leash not exceeding eight feet in length or by a responsible person capable of controlling such dog.
TOWN
The Town of East Greenbush, Rensselaer County, New York.
TOWN BOARD
The Town Board of the Town of East Greenbush, Rensselaer County, New York.
TOWN CLERK
The Town Clerk of the Town of East Greenbush, Rensselaer County, New York.
It shall be unlawful for any owner of any dog to permit such dog, while in the Town, to:
A. 
Run at large.
B. 
Chase or otherwise harass any person other than a trespasser.
C. 
Habitually chase or bark at motor vehicles or bicycles.
D. 
Habitually create any unreasonably loud or disturbing noise as set forth in § 35-5A.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Cause damage to the property of any other person.[1]
[1]
Editor's Note: The following original sections of the 1991 Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 11-4, Seizure of unleashed dogs; procedure, as amended by L.L. No. 1-2007; and § 11-4.1, Fees enumerated; redemption of seized dogs, as amended by L.L. No. 1-2007.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall hinder, resist or oppose the Dog Control Officer or any police officer, agent or representative of the Town in the performance of his duties under this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any violation of this article shall be an offense, and conviction thereof shall be punishable by a fine of $100 for a first conviction of an offense hereunder and $250 for each subsequent offense.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this article but shall be confined in its operation to the clause, sentence, paragraph, section or part of this article directly involved in the controversy in which such judgment shall have been rendered and to the specific facts involved in such controversy.
The Justice Court of the Town of East Greenbush, Rensselaer County, New York, shall have jurisdiction to hear all complaints under this article and of all actions and proceedings hereunder and of all prosecutions for the violation of this article. This section shall not be construed so as to deprive any other court of competent jurisdiction if such court would otherwise have jurisdiction.
This article shall supersede the ordinance of the Town of East Greenbush, Rensselaer County, New York, providing for certain regulations and restrictions on the activities of dogs and owners of dogs adopted by the Town Board of the Town of East Greenbush, Rensselaer County, New York, and known as the "Dog Ordinance of the Town of East Greenbush," and the same is repealed as of the effective date of this article. Such repeal shall not affect any proceedings under such ordinance pending as of the effective date of such repeal.
This article shall be entitled "A Local Law of the Town of East Greenbush, Rensselaer County, New York, Prohibiting the Running at Large of Dogs and Otherwise Regulating the Keeping of Dogs." This article may be cited accordingly. This article may also be cited as a local law of the Town of East Greenbush, Rensselaer County, New York, by year and number of passage.
[Adopted 12-8-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article 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. To the extent this article is inconsistent with any other Town laws, this terms of this article shall control.
The title of this article shall be "Town of East Greenbush Dog Licensure Law."
As used in this article the following words shall have the following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the specis canis famillaris.
OWNER
Person entitled to claim lawful custody and possession of a dog 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 filing any complaint charging a violation of this article shall be held in and deemed to be the owner of any dog found to be in violation of this article.
TOWN
The Town of East Greenbush.
A. 
All dogs in the Town of East Greenbush 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. The owner of each dog required to be licensed shall obtain, complete and return to said Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of East Greenbush. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies.
B. 
All dog licenses will be for a period of one year and will expire at the end of the 12th month from the date of issue.
C. 
Fees for licensing of dogs shall be as set from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The Town of East Greenbush may contract with an animal shelter(s) to license dogs adopted by residents of the Town of East Greenbush, allowing said shelter(s) to provide, accept and grant an application for a dog license made by a resident of the Town at the time of the adoption of a dog from said shelter(s), provided that such application is made in accordance with this article and the license fee, any additional fee and surcharge shall be remitted to the Town of East Greenbush on or before the third day of the month following the month in which the license fee and additional fee and surcharge was received.
E. 
All dog licenses may be purchased and obtained 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.
F. 
Fees for seizure of dogs. The fees shall be as set forth in § 25-15.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any dog found to be running at large in violation of § 118 of the Agriculture and Markets Law, whether licensed or unlicensed, will be seized by the Dog Control Officer and such dog shall be properly fed and cared for until redeemed by the owner adopted or disposed of as provided by § 117 of the Agriculture and Markets Law. The owner of any dog impounded by the Town of East Greenbush shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified and pays a fee as set forth by the Town Board at the annual organizational meeting.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A violation of this article shall be deemed an offense against this article, and any person convicted of such violation shall be liable to the penalty set forth in § 118 of the Agriculture and Markets Law.
Should any section or provision of this article be deemed to be unconstitutional or invalid by a court of law, such decision shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Dog Park provides a place for East Greenbush residents to exercise their dogs. It is a fenced area at the back of the Town Park. We appreciate the cooperation of all residents in obtaining a dog park permit and following the rules of the park. Rules are strictly enforced and allow for the safety of all residents, both human and dog.
B. 
Dog Park fee. The fee is per the fee schedule in the Town Clerk's office. The Dog Park is for East Greenbush residents only.