[HISTORY: Adopted by the Town Board of the Town of Fort Edward 10-15-1991
as L.L. No. 4-1991. Amendments noted where applicable.]
A.
It is the purpose of this chapter to conserve and protect the public health, safety and general welfare by the creation of Chapter 43 of the Code of the Town of Fort Edward, Washington County, New York (hereinafter the "town").
B.
Said Chapter 43 of the Code of the town shall set forth controls on all dog kennels within the town.
C.
The town notes the expansion of the dog population within
the town and the potential for danger where several dogs are housed in one
(1) residence.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule of the State of New York.
As used in this chapter, the following terms shall have the meanings
indicated:
Housing for dogs while outside of a residential building.
A.
Any residence or single parcel of land that is a non-multiple
residence, "multiple residence" being three (3) or more residences on a single
parcel of land, shall have a kennel for the outdoor housing of dogs where
there are four (4) or more adult dogs over the age of six (6) months.
B.
Any preexisting kennels or kennels coming into existence
after the adoption of this chapter will conform to the following restrictions
within ninety (90) days from the effective date of this chapter.
(1)
Fence. Each kennel, either preexisting or coming into
existence after the adoption of this chapter, shall have a fence surrounding
said kennel with the following requirements:
(a)
Each fence will be a minimum of six (6) feet in height
and a maximum of six (6) feet six (6) inches in height and is to be of consistent
height.
(b)
Each fence shall be set back at least eight (8) feet
from adjoining property lines, roads, sidewalks or highways.
(d)
Each fence shall be of such construction so as to be
capable of confining said dog or dogs at all times.
(2)
When any dog is outside the residential building, off
a leash and not under the direct control of a responsible adult or the owner,
in a residence or parcel of land where a kennel is necessary under this said
chapter, said dog or dogs shall be confined to said kennel.
Any person violating any provision of this chapter of the Code of the
town shall be fined a minimum of one hundred dollars ($100.) and a maximum
of one hundred fifty dollars ($150.) for the first offense. For each offense
after the first, there shall be a minimum fine of one hundred fifty dollars
($150.) and a maximum fine of two hundred fifty dollars ($250.).
