[Adopted 7-7-1987 by Ord. No. 3-1987; amended in its entirety 10-2-2006 by L.L. No. 13-2006]
The intent of this article is to control the
running at large of dogs, and to minimize other obnoxious animal behavior
which may be a nuisance to residents of the Town.
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person appointed by the Town Board to assist in the enforcement
of the Agriculture and Markets Law generally, and to enforce the provisions
of this article. There may be more than one Animal Control Officer.
AT LARGE
The condition of an animal of being unleashed and on public
property or on private property not owned or leased by the owner of
the dog unless permission for such unleashed condition has been obtained.
No animal shall be deemed to be "at large" if it is:
[Amended 5-2-2016 by L.L.
No. 5-2016]
A.
A police work dog being used for police work.
B.
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
with the consent of the landowner.
OWNER
Any person who owns, harbors or keeps an animal.
SERIOUS PERSONAL INJURY
Physical injury which creates a substantial risk of death,
or which causes death, serious and protracted disfigurement, scarring,
protracted impairment of health or protracted loss or impairment of
the function of any bodily organ.
[Amended 11-3-2010 by L.L. No. 10-2010]
The Animal Control Officer, to be designated
by the Town Board of the Town of Malta as provided by § 114
of the Agriculture and Markets Law, may enforce the provisions of
this article or of the Agriculture and Markets Law and may also investigate
and report to a Town Justice of the Town of Malta any dangerous dog,
as described in § 121 of the Agriculture and Markets Law,
and may enforce orders of the Town Justice issued pursuant to such
section.
[Added 11-3-2010 by L.L. No. 10-2010]
Clean-up of waste. The owner of a dog, whether said dog is tagged
or not tagged or licensed, shall be responsible for removing and cleaning
any waste or excrement deposited by said dog, upon public or private
property not belonging to the owner of the dog. All such waste and
excrement shall be removed and cleaned by placement in a plastic or
metal bag or container and thereafter discarded in the same manner
as garbage and refuse are to be discarded. This section shall not
apply to those individuals considered legally blind.
[Added 11-3-2010 by L.L. No. 10-2010]
A. All dogs in the Town of Malta must be licensed with the Town Clerk
by the age of four months and a current certificate of rabies vaccination
is required to be presented at the time of licensing or the renewal
of an existing license.
B. All dog licenses will be for a period of one year and will expire
at the end of the 12th month from date of issue.
C. A late fee will be charged for all dog licenses not renewed within
one month of the expiration date of the license.
[Amended 5-2-2016 by L.L.
No. 5-2016]
D. An additional fee will be charged for any dog to be found unlicensed
by the Animal Control Officer.
[Added 5-2-2016 by L.L.
No. 5-2016]
E. All fees relating to the licensing of dogs shall be set forth in Schedule A to Chapter
88.
[Added 5-2-2016 by L.L.
No. 5-2016]
In the event that the Town of Malta has, either
directly or from a third party (including, but not limited to, the
Saratoga County Animal Shelter), taken into its care and custody an
animal subject to this article due to or following a violation of
the requirements of this article, the Town of Malta shall be entitled
to collect from the owner of such animal any out-of-pocket expenses
incurred by the Town, including any veterinary or kenneling costs,
on behalf of such animal. At the discretion of the Animal Control
Officer, the Town may refuse to return such animal to the owner until
and unless the animal is redeemed by the owner by payment of such
costs and expenses and may, if payment is refused, have the animal
held at a public or private kennel or the Saratoga County Animal Shelter
at the owner's expense or, if the owner refuses to redeem the animal
from the Town, have made available for adoption or euthanized pursuant
to the provisions of, and to the extent provided by, § 118
of the Agriculture and Markets Law.