[HISTORY: Adopted by the Town Board of the
Town of Fort Edward as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-13-85]
This Article shall be known as the "Dog Ordinance
of the Town of Fort Edward" and may be referred to by that title.
As used in this Article, the following terms
shall have the meanings indicated:
Includes either a male or female dog.
[Amended 6-27-1988 by L.L. No. 3-1988]
Fees for the boarding of impounded dogs as per signed contract
with town and dog holding establishment.
[Added 12-13-2010 by L.L. No. 5-2010]
Includes any person, persons, association or corporation
owning, harboring, in possession of or keeping a dog or dogs within
the Town of Fort Edward.
[Amended 12-13-2010 by L.L. No. 5-2010]
A.
All dogs
in the Town of Fort Edward shall be licensed with the Town Clerk by
the age of four months and the person applying for the license shall
present a current certificate of rabies and a spay/neuter certificate
at the time of licensing or the renewal of an existing license. A
license may be purchased by visiting the Town offices or by regular
mail. If licensing or renewing by mail, the appropriate fees, along
with the certificate of rabies and certificate of spay/neutering,
shall accompany the forms.
B.
All dog
licenses shall be issued for a period of one year and shall expire
at the end of the month one year from the date of issue.
C.
Prior to
the redemption of a dog from a shelter facility, in addition to ensuring
that all necessary fees are paid by the dog owner, the shelter shall
require that a proper license for such dog has been obtained from
the Town of Fort Edward.
D.
All fees
shall be used in funding the administration of the Dog Control Law
of the Town of Fort Edward.
It shall be the duty of the owner or person
harboring any female dog to confine such dog to the premises of such
owner or person in possession of the dog during the period when it
is in heat.
A.
No dog,
whether licensed or unlicensed, muzzled or not muzzled, shall be allowed
to run at large in any street, sidewalk, lane or public place unless
said dog is effectively restrained by a chain or leash, not exceeding
six feet in length, affixed to the collar or harness of the dog or,
in the alternative, unless said dog is in the immediate custody and
control of the owner or a responsible person who is over 12 years
of age.
B.
It shall
be unlawful for any owner of any dog to permit or allow such dog in
the Town of Fort Edward to:
[Amended 12-13-2010 by L.L. No. 5-2010]
(1)
Cause
damage or destruction to property, or commit a nuisance by 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;
(2)
Chase,
jump on or at, or otherwise harass any person in such a manner as
would reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury; or
(3)
Attack,
chase or worry any domestic, farm and or companion animal, as defined
in § 108 of the Agriculture and Markets Law; or
(4)
Habitually
chase or bark at motor vehicles, motorcycles or bicycles while on
a public street, highway or place, or upon private property without
the consent or approval of the owner of such property; or
(5)
Be off
the premises of the owner unless restrained by a leash to be held
by a person of sufficient strength and ability to adequately restrain
the dog. Such dog may be unleashed while off the owner's or harborer's
premises only on such occasions as when such dog is on the private
premises of another with the knowledge, consent and approval of such
person.
It shall be unlawful for any person to keep,
harbor or maintain any dog which engages in unduly loud howling or
barking habitually or conducts itself in such a manner as to unduly
annoy any person other than the owner.
[Added 3-26-1990 by L.L. No. 4-1990]
It shall be unlawful for any person to treat
a dog in a cruel or inhuman manner.
A.
Any person who observes a dog causing damage or destruction
to property of a person other than its owner or committing a nuisance
upon the premises of a person other than its owner or running at large
or otherwise violating the provisions of this chapter may file a signed
complaint, under oath, with the Justice Court of the Town of Fort
Edward, specifying the objectionable conduct of the dog, the date
thereof, the damage caused, a description of the dog and the name
and residence, if known, of the owner or other person harboring said
dog.
B.
Upon receipt of a complaint, the Town Justice Court
may summon the alleged owner or other person harboring said dog to
appear in person before the Town Justice Court. If the summons is
disregarded, the Town Justice Court may permit the filing of an information
and issue a warrant for the arrest of such person.
Any person who is chased or otherwise harassed
by any dog in such a manner as reasonably to cause intimidation or
to put such person in reasonable apprehension of bodily harm or injury
or any person who witnesses such offensive conduct by any dog may
file a signed complaint, under oath, with the Town Justice Court,
stating the specific objectionable conduct of the dog, the date thereof,
the place of occurrence, a description of the dog and the name and
residence, if known, of the person harassed and the owner or other
person harboring said dog; or, in the alternative, the person so harassed
by a dog may file with the Town Justice Court an information charging
a violation of this chapter.
Where a complaint has been filed or an information
has been filed on dogs for bodily harm or injury, the Town Justice
Court shall cause notice of such complaint, and the general nature
thereof, to be served upon the alleged owner or other person claimed
to be harboring said dog, and the Town Justice Court may summon the
alleged owner or other person claimed to be harboring said dog to
appear before the Town Justice Court. If the summons is disregarded,
the Town Justice Court may permit the filing of an information and
issue a warrant for the arrest of such person.
Where a complaint has been filed or an information has been filed charging a violation of any of the provisions of this chapter, the Town Judge shall hold a hearing thereon, and if satisfied, after inquiry into and investigation of the charge, that the dog's conduct was offensive and in violation of this chapter, then the Town Judge may order the owner or other person harboring said dog to confine the dog to the premises of the owner for a period of time in his discretion or impose the penalties set forth in § 42-13 of this chapter.
Any dog found at large and not under effective restraint or in the immediate custody and control of the owner or a responsible person who is over twelve (12) years of age, as required by § 42-5, may be seized by any duly appointed Dog Warden, peace officer or duly authorized officer or representative of the Town of Fort Edward or the American Society for the Prevention of Cruelty to Animals and confined and impounded. Any dog so found at large not under effective restraint, which cannot be safely seized, may be destroyed by such Dog Warden, peace officer or other duly authorized officer.
A.
Prior to releasing a dog to its owner or offering a dog for adoption, the Dog Control Officer shall deliver to the owner a statement of the number of days the dog has been in the shelter and the costs for any veterinary care, which statement shall be taken by the owner shall to the Fort Edward Town Clerk, to whom all fees due and owed dog holding fees and veterinary care shall be paid, together with the seizure and impoundment fees pursuant to § 42-19 below and any licensing fees, whereupon the Town Clerk shall give a receipt to the owner who shall then deliver it to Dog Control Officer, at which time such dog may be released to the owner.
[Amended 6-13-2005 by L.L. No. 6-2005; 12-13-2010 by L.L. No.
5-2010]
B.
Any dog not so redeemed shall, at the option of the
directors of the pound, be sold at public or private sale or destroyed
by the Warden or peace officer or given to a recognized society for
the care and welfare of dogs. All proceedings shall be in accordance
with the provisions of the Agriculture and Markets Law of the State
of New York.
[Amended 6-27-1988 by L.L. No. 3-1988; 12-13-2010 by L.L. No. 5-2010; 12-10-2018 by L.L. No. 3-2018]
An offense against any of the provisions of
this article shall be deemed a violation and shall be punishable by
a fine of up to $75 for the first violation; $150 for the second violation;
and $250 for each subsequent violation, or imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. In no
instance shall any offense against any of the provisions of this article
be punishable by amounts less than the amounts stated in § 118
of the Agriculture and Markets Law.
This Article shall not apply to Seeing Eye dogs
during such times when such dogs are performing the functions for
which they are trained.
[Amended 6-13-2005 by L.L. No. 6-2005; 12-13-2010 by L.L. No.
5-2010]
A.
Fees for licensing of dogs. The fee for a spayed or
neutered dog will be $12 (which includes the assessment of a surcharge
of $1 for the purpose of carrying out animal population control) and
the fee for an unsprayed or unneutered dog will be $20 (which includes
the assessment of a surcharge of $3 for the purpose of carrying out
animal population control). Such fees shall be reviewed by the Town
Board periodically and may be changed by a resolution of the Town
Board, if deemed necessary, and listed on the Fee Schedule.[1]
B.
Enumeration fee. When the Town Board determines the
need for a dog enumeration, a fee of $5 will be assessed to all dogs
found unlicensed or not renewed at the time the enumeration is conducted.
The Town Clerk shall give notice at least one month prior to the enumeration
in the local newspaper and by posting on the signboard at the Town
Clerk's office.
C.
Purebred license. The Town of Fort Edward will not
be issuing purebred or kennel licenses. All dogs shall be licensed
individually as per the fee system stated above.
D.
Exemptions.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog or therapy dog, as those terms are defined in § 108
of Article 7 of the New York State Agriculture and Markets Law. Each
copy of any license issued for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may
be appropriate, by the Clerk.
E.
Replacement tag. Each dog licensed pursuant to § 42-3 of this article shall be assigned, at the time the dog is first licensed, a Town identification number. Such identification number shall be carried by the dog on an identification tag that shall be affixed to a collar on the dog at all times. If lost, misplaced or stolen, a replacement tag will be issued at the cost of $3.
F.
Change
of ownership; lost or stolen dog. In the event of a change in the
ownership of any dog that has been licensed pursuant to this article
or in the address of the owner of record of any such dog, the owner
of record shall, within 10 days of such change, file with the Clerk
a written report of such change. Such owner of record shall be liable
for any violation of this article until such filing is made or until
the dog is licensed in the name of the new owner. If any dog which
has been licensed pursuant to this article is lost or stolen, the
owner of record shall, within 10 days of the discovery of such loss
or theft, file with the Clerk a written report of such loss or theft.
In the case of a loss or theft, the owner of record of any such dog
shall not be liable for any violation of this article committed after
such report is filed. In the case of a dog's death, the owner of record
shall notify the Clerk either prior to or upon the time for renewal
of the license.
[Added 6-27-1988 by L.L. No. 3-1988]
The Dog Warden, having reasonable cause to believe
that a violation of this Article has been committed in his presence
or upon information and belief, shall issue and serve an appearance
ticket for such violation. The appearance ticket shall be in the form
prescribed by this Board by resolution in accordance with the provisions
of § 126 of the Agriculture and Markets Law and this Article.
[Adopted 8-28-1989 as L.L. No. 10-1989]
[Amended 12-13-2010 by L.L. No. 5-2010]
The purpose of this Article is to modernize
and keep abreast of the costs of impounding dogs so as not to be a
burden on the local taxpayer.
[Amended 7-13-1992 by L.L. No. 1-1992; 12-13-2010 by L.L. No. 5-2010; 12-10-2018 by L.L. No. 3-2018]
An offense against any provision of this article shall be deemed
a violation and shall be punishable by a fine of $25 plus a dog holding
fee per day for board for the first violation; $50 plus a dog holding
fee per day for board for the second violation; $100 plus a dog holding
fee per day for board for the third violation; and $250 plus a dog
holding fee per day for board for the fourth offense.
