The Town of Clifton Park, New York, finds that
the running at large and other uncontrolled behavior of dogs has caused
physical harm to persons and damage to property and has created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law, as amended, effective
January 1, 2011, and the Municipal Home Rule Law of the State of New
York.
The title of this article shall be the "Dog
Control Law of the Town of Clifton Park."
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be "at large" if it is:
A.
Accompanied by and under the immediate supervision
and direct leash control of the owner or other responsible person.
All dogs shall be on a leash and kept under direct leash control,
with leashes securely fastened to the dog and held by the owner or
other responsible person and may be no longer than 25 feet.
B.
A police work dog in use for police work, or
search and rescue dog engaged in search and rescue operations.
C.
Accompanied by its owner or other responsible
person and is actively engaged in hunting on unposted land or on posted
land with the permission of the owner of the land.
D.
Within the boundaries of the Mary Jane Row Dog
Park and accompanied by the owner or other responsible person. Persons
using the Mary Jane Row Dog Park are required to abide by the rules
and regulations which shall be promulgated and may be amended from
time to time by the Town Board. Copies of the posted rules and regulations
shall be also available from the office of the Town Clerk.
E.
Within the boundaries of Kinns Road Park and
accompanied by the owner or other responsible person. Persons using
the Kinns Road Park are required to abide by the rules and regulations
which shall be promulgated and may be amended from time to time by
the Town Board. Copies of the rules and regulations shall be available
from the office of the Town Clerk.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
Notwithstanding any other provision of local
law, it shall be unlawful for any owner of any dog, or person responsible
for such dog, to permit or allow such dog, in the Town of Clifton
Park, to:
B. Engage in habitual loud howling or barking so as to habitually annoy any person. Barking at an intrusion or a disturbance shall not constitute a violation of this article. For purposes of this Subsection
B, “habitual” shall be defined as occurring continuously for a period of 15 minutes or longer.
C. Cause damage or destruction to property or commit
a nuisance by habitually defecating or urinating or scavenging through
refuse upon the premises of a person other than the owner of such
dog, unless the owner of said premises has given permission therefor.
D. Commit an overt act which causes a person who is peaceably
conducting himself in any place where he may lawfully be to be placed
in reasonable apprehension of bodily harm, together with apparent
ability in a dog to inflict such harm.
This article shall be enforced by any animal
control officer, security officer, peace officer, when acting pursuant
to his special duties, or police officer in the employ of or under
contract to the Town of Clifton Park. Notwithstanding any provision
to the contrary in any other chapter of the Code of the Town of Clifton
Park, this authority shall extend to the entirety of the Town of Clifton
Park, including all the parks and preserves located within the Town.
The Town of Clifton Park participates in the
shelter and impoundment services provided by the Saratoga County Animal
Shelter. A dog may be seized, pursuant to the provisions in § 117,
as amended, of the Agriculture and Markets Law, only if such dog is
at large or unlicensed.
Every dog seized shall be properly cared for,
sheltered, fed and watered pursuant to § 117, as amended,
of the Agriculture and Markets Law for a redemption period of not
less than seven days.
[Amended 9-8-2020 by L.L.
No. 6-2020]
Any person convicted of a violation of any of the provisions of Article
II or
III of this chapter shall be guilty of a violation and shall be subject to the following:
A. For a first offense, a civil penalty not to exceed
$100.
B. For a second offense committed within a period of
one year, a civil penalty not less than $100 nor more than $250.
C. For a third or subsequent offense committed within
a period of one year, a civil penalty not less than $200 nor more
than $500.
D. Notwithstanding any other penalty imposed by a Justice of the Town Court under this section, a dog owner or responsible person shall be prohibited from being present in either the Mary Jane Row Dog Park or the Kinns Road Park with any unleashed dog, for a period of one year, after being convicted of a violation under this chapter three or more times, as a result of three or more transactions within a consecutive twelve-month period. For purposes of this Subsection
D, a "transaction" is defined as an event during which one or more appearance tickets are issued by an authorized Town enforcement officer.
E. In addition
to the penalties authorized by this section, the Town may seek, and
a court of competent jurisdiction may impose, an order of restitution
under this chapter for damages or destruction of property, or for
veterinary bills directly related to an injury or damage to pets or
domestic animals as a result of a violations of this chapter.
[Added 2-27-2023 by L.L. No. 3-2023]