[HISTORY: Adopted by the Town Board of the Town of Greenfield 11-11-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
Editor's Note: This local lawr also superseded former Ch. 45, Dogs, adopted 2-12-1981, as amended.
The Town Board of the Town of Greenfield finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and damage to property and have created nuisances within the Town. The purpose of this chapter is to protect the health, safety and well being of persons and property by imposing restrictions and regulations upon the keeping and running at large of dogs and the seizure thereof within the Town.
This chapter 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.
The title of this chapter shall be the "Dog Control Law of the Town of Greenfield."
As used in this chapter, the following words shall have the following respective meanings:
- Male and female, licensed and unlicensed, members of the species canis familiaris.
- Person entitled to claim lawful custody and possession of a dog and 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 the filing of any complaint charging a violation of this chapter shall be held and deemed to be the owner of any dog found to be in violation of this chapter.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
- The Town of Greenfield.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
Run at large. All dogs must be accompanied by and under the immediate supervision and full control of the owner or other responsible person. A dog or dogs hunting in the company of a hunter or hunters does not constitute running at large.
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Cause damage or destruction to vegetables, lawns, flowers, garden beds or other property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner or person harboring such dog.
Chase, jump upon or at, or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run alongside of 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.
Bite, attack or cause injury to a person.
All dogs in the Town of Greenfield 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.
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $8 (which includes the assessment of a $1 surcharge for the purpose of carrying out animal population control). The fee for an unspayed or unneutered dog will be $15 (which includes the assessment of a $3 surcharge for the purpose of carrying out animal population control). Fees shall be reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.
Purebred license. The Town of Greenfield will not be issuing purebred licenses. All dogs will be licensed individually as per the fee system stated above.
Service dogs. The Town of Greenfield will require a license for any guide dog, service dog, hearing dog or detection dog as those terms are defined by § 108 of the Agriculture and Markets Law; however, no license fee shall be charged.
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 at the time the enumeration is conducted.
The Town of Greenfield shall contract with the Saratoga County Animal Shelter to license dogs adopted by residents of the Town of Greenfield.
All dog licenses may be purchased 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.
Any dog found in violation of the provisions of § 45-5 may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 117 of the Agriculture and Markets Law.
If any dog is seized or impounded for a violation of this law, the impoundment fee for the first offense will be $10 plus $5/day. For a second offense, the impoundment fee will be $50 plus $5/day. In addition, if a dog is euthanized, the dog owner shall be responsible for such euthanization charges.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
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 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this chapter may file a complaint under oath with the Dog Control Officer of the Town of Greenfield specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this chapter.
A Dog Control Officer designated by the Town Board, as provided by § 113 of the Agriculture and Markets Law, may enforce the provisions of this chapter and may also investigate and report to the Town Justice of any dangerous dog, as described in § 123 of the Agriculture and Markets Law, and see that the order or orders of the Town Justice in such case are carried out.
Any person convicted of a violation of this chapter shall be deemed to have committed a violation and shall be subject to the penalties set forth as follows: $25 for a first violation; $50 for a second violation and $75 for each subsequent violation.
Each separate provision of this chapter shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This chapter shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Greenfield, and they shall be, upon the effectiveness of this chapter, null and void.
This chapter shall be effective January 1, 2011, after filing with the Secretary of State.