[HISTORY: Adopted by the Town Board of the Town of Queensbury 10-18-2010 by L.L. No. 12-2010. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 73, Dogs and other animals, consisting of Art. I, Control of Dogs, adopted 6-10-1980 by L.L. No. 1-1980, as amended.
The Queensbury Town Board finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and damage to property and has created nuisances within the Town. The purpose of this chapter is to protect the health, safety and well-being of the persons and property by imposing restrictions on the keeping and running at large of dogs within the Town and to ensure compliance with Article 7 of the New York State Agriculture and Markets Law regarding the licensing, identification and control of dogs.
This chapter is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be "Dog Control Law of the Town of Queensbury."
As used in this chapter, the following words shall have the following respective meanings:
- ANIMAL CONTROL OFFICER
- The individual appointed by the Town Board to enforce the
Town's Animal Control Law and Article 7 of the Agriculture and Markets
Law of the State of New York, 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. The authority of such individual shall include
the powers and duties identified as those of a Dog Control Officer
under the Agriculture and Markets Law.[Amended 3-21-2016 by L.L. No. 2-2016]
- Male and female, licensed and unlicensed, members of the species Canis familiaris.
- Person entitled to claim lawful custody and possession of a dog 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 animal 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 person, 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 such dog for the purpose of this chapter. In the event that the owner of any dog found to be in violation of this chapter shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and 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 Queensbury.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this chapter, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
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.
Chase, jump upon 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.
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.
If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.
All dogs in the Town of Queensbury must be licensed with the Town Clerk by the age of four months and are required to present a current rabies certificate at the time of licensing or the renewal of an existing license.
All dogs' 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. Effective for all licenses obtained or renewed on or after January 1, 2011, the fee for a spayed or neutered dog will be $6, which shall include a $1 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for an unspayed or unneutered dog will be $13, which includes a $3 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for replacing a lost license tag will be $2.
Licensing fees for senior citizens, age 65 and over. Effective for all licenses obtained or renewed on or after January 1, 2011, the reduced fee for a spayed or neutered dog will be $2, which shall include a $1 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for an unspayed or unneutered dog will be $7, which includes a $3 surcharge for the purpose of carrying out the New York State Animal Population Control Program. The fee for replacing a lost license tag will be $2.
Purebred license. The Town of Queensbury will not be issuing purebred or kennel licenses. All dogs must be individually licensed as set forth above.
Service dogs. Any guide dog, service dog, hearing dog or detection dog, as those terms are defined at § 108 of Article 7 of the New York State Agriculture and Markets Law, must be licensed but are exempt from license fees.
All licenses for dogs sheltered within the Town of Queensbury must be obtained from the Town Clerk. No shelter, kennel or other entity is authorized to issue dog licenses. Any shelter placing a dog for adoption must refer the adoptive dog's owners to the Town Clerk to obtain a license. All shelters within the Town must maintain a record of all dogs sold or adopted and must provide such information to the Town Clerk upon request.
All dog licenses may be purchased by visiting the Town Clerk's Office or by mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees.
All fees will be used in funding the administration of the Dog Control Law of the Town of Queensbury.
Fees for seizure of dogs. If any dog is seized and impounded for violation of this chapter, a fee shall be imposed for a first offense of $20 per dog. For a second offense the fee shall be $35 per dog, and for a third or subsequent offense, the fee shall be $50 per dog. In addition to the impoundment fees, the dog owner shall pay the daily room and board for the dog(s). In the case of a dog that is euthanized, the dog owner shall be responsible for such fees in addition to all other fees.
The Animal Control Officer may seize:
Any unlicensed dog whether on or off the owner's premises;
Any dog not wearing a tag, not identified and which is not on the owner's premises;
Any dog previously determined by a court to be a dangerous dog under § 123 of Article 7 of the Agriculture and Markets Law if such dog is not maintained consistent with the conditions imposed by the Court.
The Animal Control Officer observing a violation of this chapter may issue and serve an appearance ticket for such violation.
Any person who observes a violation of this chapter may file a complaint, under oath, with the Animal Control Officer on forms provided by the Animal Control Officer. The Animal Control Officer, in his/her sole discretion, may use such complaint as the basis for pursuing a violation of this chapter in the Town Justice Court for the Town of Queensbury. Any individual who files a complaint with the Animal Control Officer may be required to appear in the Town Justice Court and testify regarding the alleged violation.
Any person convicted of a violation of this chapter shall be liable for a civil penalty of $50 for a first violation; $75 for a second violation, and $100 for each subsequent violation.