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.
[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.