Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[Adopted 12-20-2010 by L.L. No. 9-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. II, Running at Large, adopted 3-23-1981, as amended, and provided for the renumbering of former §§ 92-14 through 92-18 as §§ 92-16 through 92-20, respectively.
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:
A. 
Be at large.
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.
A. 
Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article.
B. 
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection A of this section whether or not such owner chooses to redeem his or her dog.
C. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 117, as amended, of the Agriculture and Markets Law.
Any person who observes a dog in violation of this article may file a complaint under oath or an affirmation with a Justice of the Town of Clifton Park or with an 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, specifying the nature of the violation, the date and time thereof, a complete description of the dog, including, for example, the breed, the approximate size, color, markings and distinguishing characteristics, and the name and residence, if known, of the owner of the dog. Such complaint may serve as the basis for enforcing the provisions of this article.
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 observing a violation of this article in his presence or receiving a complaint pursuant to § 92-13 of this article, shall issue and serve an appearance ticket for such violation.
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 fine not to exceed $100, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment;
B. 
For a second offense committed within a period of one year, a fine not less than $100 nor more than $250, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment;
C. 
For a third or subsequent offense committed within a period of one year, a fine not less than $200 nor more than $500, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.
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 an offense 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.