B.
The Dog Control Officer or any other law enforcement officer in the
employ of or under contract to the Town of Kingsbury may seize any
dog in violation of any local law or ordinance relating to the control
of dogs adopted by the Town of Kingsbury pursuant to the provisions
of Article 7 of the Agriculture and Markets Law.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
Each dog which is not identified, whether or not licensed, shall be held for a period of three business days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article, and further provided that the owner pays the impoundment fee and pickup fee as required in the current fees schedule set forth in Chapter 130 of the Kingsbury Code. All impoundment fees, including all seizure and kennel fees and all fines and/or penalties levied or assessed by the Court to this article, shall be the property of the Town of Kingsbury.
All impoundment fees shall be the property of the municipality
to which they are paid and shall be used only for controlling dogs
and enforcing this article and any rule, regulation or local law or
ordinance adopted pursuant thereto.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog will be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by § 75-17 and by producing proof that the dog has been licensed.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized. Any person, other than the owner of the dog seized or a member of his or her immediate family, may apply to the impoundment facility for the adoption of the dog, provided that no such dog shall be delivered for adoption unless it has been licensed pursuant to this chapter prior to its release from the custody of a pound or shelter. Upon adoption, collection of any impoundment fees from the adoption prescribed by Chapter 130, Fees, of the Kingsbury Code, shall be waived.
The seizure of any dog shall not relieve any person from any
violation provided for by § 118 of the Agriculture and Markets
Law.
The Town of Kingsbury, its employees or agents shall not be
liable in damages or otherwise on account of the seizure, adoption
or destruction of any dog pursuant to the terms of this article.
Where necessary, words in the singular shall be interpreted
in the plural and vice versa.
