[HISTORY: Adopted by the Town Board of the Town of Queensbury 9-19-1994 by L.L. No. 8-1994. Amendments noted where applicable.]
Dog control — See Ch. 73.
The Town Board of the Town of Queensbury finds that, in recent years, complaints and/or concerns from citizens concerning nuisance, stray, running at large, sick, disabled, injured or dead animals have increased to a point where there is a need to have a particular position or office in the Town capable of responding to the complaints from and concerns raised by citizens. In addition, the Town Board of the Town of Queensbury notes that nuisance, stray, sick, injured and/or dead wild animals on public roadways and upon public grounds are of particular concern and can be dangerous or hazardous. Finally, the Town Board notes that the position will include the duties and responsibilities of the previously authorized Dog Control Officer position and provide the Town with flexibility in dealing with concerns about rabies and any other concerns that may arise in the future concerning animals.
This chapter is enacted pursuant to and by virtue of the provisions of Town Law § 20, Agriculture and Markets Law Article 7 and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be "Animal Control Officer."
As used in this chapter, the following words or phrases shall have the following respective meanings:
- Includes every living creature except a human being.
- ANIMAL CONTROL OFFICER
- An individual appointed by the Town Board of the Town of Queensbury, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated animal protective association under contract with the Town to provide animal control services, who has the authority and responsibility set forth in this chapter and who shall bear the additional authority and responsibility to assist in the administration and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury and who, for these purposes, shall also be titled or known as "Dog Control Officer."[Amended 3-21-2016 by L.L. No. 2-2016]
- DOG CONTROL OFFICER
- Shall be deemed to be inclusive within the title and position known as "Animal Control Officer."
- RUN AT LARGE
- To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
- The Town of Queensbury.
Any word or phrase, other than the foregoing, used in this chapter and which is defined in Agriculture and Markets Law Article 7 shall be interpreted as having such definition.
[Amended 2-10-2014 by L.L. No. 1-2014; 3-21-2016 by L.L. No. 2-2016]
Authorization of position. There is hereby authorized to be created and established in the Town an officer and position to be known as "Animal Control Officer," which position shall be under the direction and administration of the Town Supervisor.
Term of office. The Animal Control Officer shall serve at the pleasure of the Town Board, subject to civil service law requirements, if any.
Salary and hours. The position of Animal Control Officer shall be a full-time position. Work hours, wages, salaries and/or rate of pay shall be established by the Town Board of the Town of Queensbury by resolution and subject to civil service law requirements, if any.
Conditions, qualifications and/or requirements for appointment/employment.
As a condition of employment, any individual employed as Animal Control Officer shall have the following credentials or meet the following requirements and be able to demonstrate compliance with the same within one year from the date of hiring:
Rabies pre-exposure vaccination.
Satisfactory completion of courses held in connection with Animal Control Academy.
Keep, maintain and wear such uniforms and/or other symbols or cards of identification as may be designated by the Town Board of the Town of Queensbury by resolution.
Keep, maintain and utilize such paging or other communication devices as may be provided and required by Town Board resolution.
Editor's Note: Former Subsection D(2)(f), regarding not carrying a firearm or similar device, which immediately followed this subsection, was repealed 2-10-2014 by L.L. No. 1-2014.
Authorization of contract. In lieu of appointing an individual to act as Animal Control Officer, the Town Board may enter into a contract with an incorporated humane society or similar incorporated animal protective association for animal control services. Authorized officers, agents or employees of such entity shall have the authority, responsibilities, powers and duties set forth in this chapter for the Animal Control Officer as they may be revised by the contract. The details of such animal control services shall be set forth in the contract and the provisions of Subsections B through D above shall not be applicable to the officers, agents or employees of such entity.
The Animal Control Officer is hereby authorized and empowered and is assigned and delegated the following duties and responsibilities:
Patrolling the Town of Queensbury by vehicle and on foot and receiving all complaints from citizens by telephone, in person or through the mail concerning nuisance, stray, running at large and/or sick, disabled, injured or dead animals.
Responding to observations of or complaints concerning nuisance, stray, running at large animals and/or sick, disabled, injured or dead animals as follows:
In the case of animals under the regulation and affected by Agriculture and Markets Law Article 7 and Chapter 73 of the Code of the Town of Queensbury, entitled "Dogs and Other Animals," the Animal Control Officer shall have all power, authority, duties and/or responsibilities set forth in those aforesaid laws, and the Animal Control Officer shall generally assist in, administrate and enforce the provisions of those laws.
In the case of nuisance, stray, sick, disabled or injured wild animals on public roadways or located upon public grounds, report the location and identity of the same to appropriate state and/or county authorities and obtain assistance, permits or instructions as to the proper handling and disposition of such wild animals and thereafter act in accordance with such guidance or authorization.
In the case of nuisance, stray, sick, disabled, injured, dead, wild and/or domestic animals on private property, responses shall include direct intervention if it is felt that a concern for rabies exposure is present; and if no concern for rabies exposure is present, responses shall be to refer the individuals to the proper public agencies or private entities that provide services of assistance with regard to such animals.
In the case of dead animals existing along state, county and Town roadways or upon public properties, assist in or arrange for the picking up and disposing of the dead animals in accordance with the requirements of the Environmental Conservation Law and other laws of the State of New York. The Town Board of the Town of Queensbury shall, by resolution, further clarify and identify the exact responsibilities of the Animal Control Officer and other Town departments with regard to this task.
In the case of animals that are seized or captured in accordance with the provisions of this chapter, or the Agriculture and Markets Law Article 7 or Chapter 73 of the Code of the Town of Queensbury, assist in arranging for the care and disposition of the same in accordance with the aforesaid laws or, if no guidance is found in said laws, by turning the same over to the proper animal pound, animal hospital or humane society or other appropriate institution.
In the case of animals that are seized or dead animals that are disposed of in accordance with the terms of this chapter, determine whether the animals are marked or carry some sort of identification indicating the identity of the owners and, if such identification is present, notify the owners of the status of the animal.
Assisting in the arrangement of a quarantine or the removal for impounding and testing of any domestic or wild animal when concerns for rabies exposure is present.
Maintaining records of work performed, including a record of all animals impounded, at the Officer's direction, and/or those dead animals picked up and disposed of.
Enforcing the provisions of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury by issuing appearance tickets, pursuant to § 120.20 of the Criminal Procedural Law, serving a summons and serving and executing any other order or process in the execution of the provisions of said Chapter 73 and Agriculture and Markets Law Article 7. The Animal Control Officer shall also assist in the filing of complaints by persons other than the Animal Control Officer, as provided for by Chapter 73 of the Code of the Town of Queensbury.
Being responsible to perform routine maintenance work on any vehicles or other equipment used or assigned for use by the Animal Control Officer. The duties and responsibilities include keeping the vehicles and equipment in satisfactory condition by washing, cleaning and disinfecting, as may be necessary. In addition, in the event that any repairs are needed to the vehicles, the Animal Control Officer shall arrange for the repair or maintenance in accordance with the policies, procedures, rules or regulations adopted by the Town Board of the Town of Queensbury.
Performing such other additional and further duties that the Town Board may determine by resolution. Additional duties may include duties unrelated to dog and animal control or other duties assigned herein.