[Adopted 5-13-1996 by L.L. No. 1-1996]
The intent of this article is to preserve the public peace and good order of the Village of Ballston Spa by controlling the running at large of animals and to control other additional obnoxious behavior which may be a nuisance to the residents and occupants of this Village.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
The position created by this article, the purpose of which is to assist in the enforcement of the Agriculture and Markets Law generally and to enforce the provisions of this article specifically.
AT LARGE
Other than on the premises of the owner, or on the premises of another person without the knowledge, consent or approval of the other person.
OWNER
Any person who harbors or keeps any dog or cat.
PERSON
Any individual, corporation, partnership, association or other organized group of persons or other legal entity.
SEVERE INJURY
Any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery.
[Added 3-13-2006 by L.L. No. 2-2006]
There is hereby created in the Village of Ballston Spa the position of Animal Control Officer. Such person shall have the authority, duty and obligation to issue appearance tickets to enforce the provisions of the Agriculture and Markets Law generally and this article specifically.
A. 
Dogs.
[Amended 9-13-2004 by L.L. No. 4-2004; 3-13-2006 by L.L. No. 2-2006]
(1) 
It shall be unlawful and a violation of this article for any owner or any person harboring any dog in the Village of Ballston Spa to permit or allow such dog to:
(a) 
Run at large while not being restrained by a leash, chain or other suitable device under six feet in length unless the failure to utilize restraint by leash, chain or other suitable device is pursuant to the rules or guidelines established during the conduct of a sanctioned competitive dog show, approved by the Village Board, or any ancillary activity associated with such sanctioned event.
(b) 
Engage in habitual loud barking or howling or to conduct itself in a manner as to habitually annoy any person other than the owner or person harboring the dog.
(c) 
Cause damage or destruction to property or commit a nuisance on the premises of another.
(d) 
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such a person in reasonable apprehension of harm or injury.
(e) 
Cause severe injury to a person or domestic animal.
(f) 
Habitually chase or bark at motor vehicles or cycles.
(2) 
Excused behavior. It shall be a defense to a prosecution under this article if the injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog.
(3) 
The use of extendable-type leashes shall be prohibited.
B. 
It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat, while in the Village of Ballston Spa, to:
(1) 
Be vicious or to spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
(2) 
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
(3) 
Remain in the Village of Ballston Spa unless vaccinated currently against feline rabies.
A. 
This article shall be enforced by the Animal Control Officer or by the Village Police Department or any other enforcement officer.
B. 
Any person who witnesses or suffers from a violation of the restrictions of this article may file verified information with the Animal Control Officer, who shall issue and serve an appearance ticket based upon such information. The appearance ticket shall conform with the requirements of the New York State Criminal Procedure Law.
[Amended 3-13-2006 by L.L. No. 2-2006]
[Amended 3-13-2006 by L.L. No. 2-2006]
A. 
The owner of an animal who is issued an appearance ticket pursuant to this article herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B. 
If the person charged with the violation admits to the violation as charged in the appearance ticket, he/she may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket.
C. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he/she may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and/or trial. If a person shall fail to appear at a return date when such is provided for pursuant to this subsection, a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
[Amended 3-24-2003 by L.L. No. 1-2003; 3-13-2006 by L.L. No. 2-2006]
A. 
Unless otherwise provided for in the Agriculture and Markets Law, a violation of this article shall be punishable as follows:
(1) 
A first offense shall be punishable by a fine of $250 and/or a sentence of 15 days' imprisonment.
(2) 
A second offense within 10 years shall be punishable by a fine of $500 and if said second offense includes a violation of § 81-22A(1)(c) or 81-22A(1)(e) by a fine of $750 and/or a sentence of 15 days' imprisonment.
(3) 
A third offense within 10 years shall be punishable by a fine of $750 and if said third offense includes a violation of section § 81-22A(1)(c) or 81-22A(1)(e) by a fine of $1,500 and/or a sentence of 15 days' imprisonment.
(4) 
A fourth offense within 10 years shall be punishable by a fine of $1,500 and if said fourth offense includes a violation of § 81-22A(1)(c) or 81-22A(1)(e), by a fine of $5,000 and/or a sentence of 15 days' imprisonment.
B. 
In addition to the penalties set forth in Subsection A of this section, restitution for all damages and expenses must be awarded as part of any sentence.
[Added 3-13-2006 by L.L. No. 2-2006]
A dedicated fund shall be established from the collection of fines pursuant to § 81-25 of this article for the purpose of establishing and promoting dog bite prevention education and awareness programs within the community. Additionally, said funds will be used to sponsor and fund animal licensing initiatives and rabies vaccination clinics.