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One Town Hall Plaza | Clifton Park, NY 12065 | (518) 371-6651 |
Dog Rules and Regulations
Chapter 92 - DOGS
Part 1 - Fees
Article I
Annual License Fees
§ 92-1 Fee Increase
Part 2 - Regulation of Nuisances
Article II
Running at Large
§ 92-2 Purpose
§ 92-3 Statutory Authority
§ 92-4 Title
§ 92-5 Definitions
§ 92-6 Prohibitions
§ 92-7 Enforcement
§ 92-8 Seizure
§ 92-9 Impoundment
§ 92-10 Redemption; Adoption; Euthanization
§ 92-11 Complaint; Filing and Specifications
§ 92-12 Appearance Ticket
§ 92-13 Penalties for Offenses
Article III - Removal of Wastes
§ 92-14 Purpose
§ 92-15 Prohibitions
Part 1 - Fees
Article I
Annual License Fees
§ 92-1. Fee Increase.1 [Amended 4-6-1998 by L.L. No. 2-1998]
The annual fee established by Agriculture and Market Law §110,
Subdivision 1(a) and (b) and Subdivision 4(c), for each dog license
issued pursuant to Agriculture and Market law § 109, Subdivision 1,
shall be increased by $1, so that the annual fee shall be as
follows:
A. For each spayed or neutered dog: $3.50.
B. For each unspayed or unneutered dog under 6 months of age: $8.50.
C. For each unspayed or unneutered dog over 6 months of age: $11.50
1A resolution adopted by the Town Board 9-22-1980 provides exemption
of dogs owned by persons 65 and over from the fee increase imposed
by this article
Part 2 - Regulation of Nuisances
Article II
Running at Large
§ 92-2. Purpose.
The Town of Clifton Park, New York, finds that the running al large
and other uncontrolled behavior of dogs has caused physical harm to
persons and property and has created nuisances within the town. The
purpose of this article is t protect the health, safety, and well
being of persons and property by imposing restrictions and
regulations upon the keeping or running at large of dogs and the
seizure thereof within the town.
§ 92-3.Statutory Authority.
This article is enacted pursuant to the provisions of article 7 of
the Agriculture and Markets Law.
§ 92-4. Title.
The title of this article shall be the "Dog Control Ordinance of the
Town of Clifton Park."
§ 92-5. Definitions.
As used in this article, the following terms shall have the meanings
indicated:
AT LARGE - Any dog that is unleashed and on property
open to the public or is on private property not owned or leased by
the owner of the dog unless permission for such presence has been
obtained. No dog shall be "at large" if it is:
A. Accompanied by and under the immediate supervision and control of
the owner or other responsible person.
B. A police work dog in use for police work.
C. Accompanied by its owner or other responsible person and is
actively engaged in hunting, or training for hunting on unposted
land or on posted land with the permission of the owner of the land.
HARBOR - To provide food or shelter to any dog.
OWNER - Any person who harbors or keeps any dog. In
the event that any dog found in violation of this article shall be
owned by a person under 18 years of age, the owner shall be deemed
to be the parent of guardian of such person (or the head of the
household in which said person resides).
§ 92-6. Prohibitions.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Clifton Perk, to:
A. Be at large.
B. Engage in the habitual loud howling or barking so as to
habitually annoy any person. Barking at an intrusion or a
disturbance shall not constitute a violation of this article.
[Amended 8-17-1981]
C. Cause damage or destruction of property or commit a nuisance by
habitually defecating or urinating or scavenging through refuse upon
the premises of a person other than the owner of such dog, unless
the owner of said premises had given permission therefor. [Amended
8-17-1981]
D. Commit an overt act which causes a person who is peacefully
conducting himself in any place where he may lawfully be to be
placed in reasonable apprehension of bodily harm, together with
apparent ability in a dog to inflict such harm. [Amended 8-17-1981]
E. Habitually chase or run alongside of motor vehicles of bicycles.
[Amended 8-17-1981]
§ 92-7. Enforcement.
This article shall be enforced by any dog control officer, peace
officer, when acting pursuant to his special duties, or police
officer in the employ of or under contract to the Town of Clifton
Park.
§ 92-8. Seizure.
A dog may be seized, pursuant to the provisions in § 118 of the
Agriculture and Markets Law, only if such dog is at large or
unlicensed.
§ 92-9. Impoundment.
Every dog seized shall be properly cared for, sheltered, fed and
watered pursuant to § 118 of the Agriculture and Markets Law for a
redemption period of not less than seven days.
§ 92-10. Redemption; Adoption; Euthanization.
A. Seized dogs may be redeemed by producing proof of licensing and
identification pursuant to the provisions of article 7 of the
Agriculture and Markets Law and by paying the impoundment fees set
forth in § 118 of said article.
§ 92-11. Complaint; filing and Specifications.
Any person who observes a dog in violation of this article may file
a complaint under oath or an affirmation wit a Justice of the Town
of Clifton Park, or with the Dog Control Officer specifying the
nature of the violation, date and time thereof, a complete
description of the dog, including, for example, the breed, the
approximate size, color, markings and distinguishing
characteristics, and the name and residence, if known, of the owner
of the dog. Such complaint may serve as the basis for enforcing the
provisions of this article, except that two complaints, each
originating from separate households, shall be required as the basis
for enforcing the provisions of § 92-6B.
§ 92-12. Appearance Ticket.
Any dog control officer, peace officer, when acting in pursuant to
his special duties, or police officer in the employ of or under
contract to the Town of Clifton Park observing a violation of this
article in his presence or receiving a complaint pursuant to § 92-11
of this article, shall issue and serve an appearance ticket for such
violation.
§ 92-13. Penalties for Offenses.
Any person convicted of a violation of this Part 2 shall be deemed
to have committed a violation and shall be subject to the following
fines:
A. A minimum fine of at least $40 and not more than $60 for the
first conviction of a violation of this Part 2.
B. A minimum fine of at least $60 and not more than $100 for the
second conviction of a violation of this Part 2 within one year of
the first conviction of a violation of this Part 2.
C. A minimum fine of at least $100 and not more than $150 for the
third conviction of a violation of this Part 2 within one year of
the first conviction of a violation of this Part 2.
D. A minimum fine of at least $150 and not more than $250 for the
fourth or additional convictions of a violation of this Part 2
within one year of the first conviction of a violation of this Part
2.
Article III - Removal of Wastes
§ 92-14. Purpose.
The Town of Clifton Park, New York, herby recognizes the need and
benefit to its citizens in enhancing and maintaining the cleanliness
and beauty of property owned and/or maintained by the Town of
Clifton Park, as well as private property owned by its residents.
The purpose of this article is to enact and enforce certain
regulations concerning the activities of dogs within the town as
those activities relate to the maintenance of clean and sanitary
property.
§ 92-15. Prohibitions.
A. Any person who owns or is in charge of any dog which defecates on
property owned and/or maintained by the Town of Clifton Park shall
immediately remove said waste product and dispose of it in a sealed,
nonabsorbent, leak proof container. The waste material shall be
disposed of by said person in a container used for the disposal of
refuse.
B. This article shall also apply to private property in the Town of
Clifton Park, unless the owner of said property gives his or her
permission for the deposit of said waste on his or her property.
C. This section does not apply to a blind person with a guide dog or
otherwise disabled persons with dogs trained to assist them, nor to
service dogs.
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