Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-85]

§ 42-1 Title.

This Article shall be known as the "Dog Ordinance of the Town of Fort Edward" and may be referred to by that title.

§ 42-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
DOG
Includes either a male or female dog.
[Amended 6-27-1988 by L.L. No. 3-1988]
DOG HOLDING FEE
Fees for the boarding of impounded dogs as per signed contract with town and dog holding establishment.
[Added 12-13-2010 by L.L. No. 5-2010]
OWNER
Includes any person, persons, association or corporation owning, harboring, in possession of or keeping a dog or dogs within the Town of Fort Edward.

§ 42-3 License required.

[Amended 12-13-2010 by L.L. No. 5-2010]
A. 
All dogs in the Town of Fort Edward shall be licensed with the Town Clerk by the age of four months and the person applying for the license shall present a current certificate of rabies and a spay/neuter certificate at the time of licensing or the renewal of an existing license. A license may be purchased by visiting the Town offices or by regular mail. If licensing or renewing by mail, the appropriate fees, along with the certificate of rabies and certificate of spay/neutering, shall accompany the forms.
B. 
All dog licenses shall be issued for a period of one year and shall expire at the end of the month one year from the date of issue.
C. 
Prior to the redemption of a dog from a shelter facility, in addition to ensuring that all necessary fees are paid by the dog owner, the shelter shall require that a proper license for such dog has been obtained from the Town of Fort Edward.
D. 
All fees shall be used in funding the administration of the Dog Control Law of the Town of Fort Edward.

§ 42-4 Female dogs in heat.

It shall be the duty of the owner or person harboring any female dog to confine such dog to the premises of such owner or person in possession of the dog during the period when it is in heat.

§ 42-5 Running at large.

A. 
No dog, whether licensed or unlicensed, muzzled or not muzzled, shall be allowed to run at large in any street, sidewalk, lane or public place unless said dog is effectively restrained by a chain or leash, not exceeding six feet in length, affixed to the collar or harness of the dog or, in the alternative, unless said dog is in the immediate custody and control of the owner or a responsible person who is over 12 years of age.
B. 
It shall be unlawful for any owner of any dog to permit or allow such dog in the Town of Fort Edward to:
[Amended 12-13-2010 by L.L. No. 5-2010]
(1) 
Cause damage or destruction to property, or commit a nuisance by 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 has given permission therefor;
(2) 
Chase, jump on or at, or otherwise harass any person in such a manner as would reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury; or
(3) 
Attack, chase or worry any domestic, farm and or companion animal, as defined in § 108 of the Agriculture and Markets Law; or
(4) 
Habitually chase 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; or
(5) 
Be off the premises of the owner unless restrained by a leash to be held by a person of sufficient strength and ability to adequately restrain the dog. Such dog may be unleashed while off the owner's or harborer's premises only on such occasions as when such dog is on the private premises of another with the knowledge, consent and approval of such person.

§ 42-6 Howling and barking.

It shall be unlawful for any person to keep, harbor or maintain any dog which engages in unduly loud howling or barking habitually or conducts itself in such a manner as to unduly annoy any person other than the owner.

§ 42-6.1 Cruel and inhuman treatment.

[Added 3-26-1990 by L.L. No. 4-1990]
It shall be unlawful for any person to treat a dog in a cruel or inhuman manner.

§ 42-7 Complaints of damage or nuisance.

A. 
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or running at large or otherwise violating the provisions of this chapter may file a signed complaint, under oath, with the Justice Court of the Town of Fort Edward, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
B. 
Upon receipt of a complaint, the Town Justice Court may summon the alleged owner or other person harboring said dog to appear in person before the Town Justice Court. If the summons is disregarded, the Town Justice Court may permit the filing of an information and issue a warrant for the arrest of such person.

§ 42-8 Complaints of harassment or injury.

Any person who is chased or otherwise harassed by any dog in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury or any person who witnesses such offensive conduct by any dog may file a signed complaint, under oath, with the Town Justice Court, stating the specific objectionable conduct of the dog, the date thereof, the place of occurrence, a description of the dog and the name and residence, if known, of the person harassed and the owner or other person harboring said dog; or, in the alternative, the person so harassed by a dog may file with the Town Justice Court an information charging a violation of this chapter.

§ 42-9 Notice of complaint summons.

Where a complaint has been filed or an information has been filed on dogs for bodily harm or injury, the Town Justice Court shall cause notice of such complaint, and the general nature thereof, to be served upon the alleged owner or other person claimed to be harboring said dog, and the Town Justice Court may summon the alleged owner or other person claimed to be harboring said dog to appear before the Town Justice Court. If the summons is disregarded, the Town Justice Court may permit the filing of an information and issue a warrant for the arrest of such person.

§ 42-10 Hearing.

Where a complaint has been filed or an information has been filed charging a violation of any of the provisions of this chapter, the Town Judge shall hold a hearing thereon, and if satisfied, after inquiry into and investigation of the charge, that the dog's conduct was offensive and in violation of this chapter, then the Town Judge may order the owner or other person harboring said dog to confine the dog to the premises of the owner for a period of time in his discretion or impose the penalties set forth in § 42-13 of this chapter.

§ 42-11 Seizure of dogs.

Any dog found at large and not under effective restraint or in the immediate custody and control of the owner or a responsible person who is over twelve (12) years of age, as required by § 42-5, may be seized by any duly appointed Dog Warden, peace officer or duly authorized officer or representative of the Town of Fort Edward or the American Society for the Prevention of Cruelty to Animals and confined and impounded. Any dog so found at large not under effective restraint, which cannot be safely seized, may be destroyed by such Dog Warden, peace officer or other duly authorized officer.

§ 42-12 Redemption of dogs; disposal of unredeemed dogs.

A. 
Prior to releasing a dog to its owner or offering a dog for adoption, the Dog Control Officer shall deliver to the owner a statement of the number of days the dog has been in the shelter and the costs for any veterinary care, which statement shall be taken by the owner shall to the Fort Edward Town Clerk, to whom all fees due and owed dog holding fees and veterinary care shall be paid, together with the seizure and impoundment fees pursuant to § 42-19 below and any licensing fees, whereupon the Town Clerk shall give a receipt to the owner who shall then deliver it to Dog Control Officer, at which time such dog may be released to the owner.
[Amended 6-13-2005 by L.L. No. 6-2005; 12-13-2010 by L.L. No. 5-2010]
B. 
Any dog not so redeemed shall, at the option of the directors of the pound, be sold at public or private sale or destroyed by the Warden or peace officer or given to a recognized society for the care and welfare of dogs. All proceedings shall be in accordance with the provisions of the Agriculture and Markets Law of the State of New York.

§ 42-13 Penalties for offenses.

[Amended 6-27-1988 by L.L. No. 3-1988; 12-13-2010 by L.L. No. 5-2010]
An offense against any of the provisions of this article shall be deemed a violation and shall be punishable by a fine of $25 for the first violation; $50 for the second violation; and $75 for each subsequent violation or imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.[1]
[1]
Editor's Note: Former Section 15, Violation constitutes disorderly conduct, which immediately followed this section, was deleted 6-20-1988 by L.L. No. 3-1988.

§ 42-14 Seeing Eye dogs.

This Article shall not apply to Seeing Eye dogs during such times when such dogs are performing the functions for which they are trained.

§ 42-15 License fees.

[Amended 6-13-2005 by L.L. No. 6-2005; 12-13-2010 by L.L. No. 5-2010]
A. 
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $12 (which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control) and the fee for an unsprayed or unneutered dog will be $20 (which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control). Such fees shall be reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary, and listed on the Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.
B. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or not renewed at the time the enumeration is conducted. The Town Clerk shall give notice at least one month prior to the enumeration in the local newspaper and by posting on the signboard at the Town Clerk's office.
C. 
Purebred license. The Town of Fort Edward will not be issuing purebred or kennel licenses. All dogs shall be licensed individually as per the fee system stated above.
D. 
Exemptions. There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog, as those terms are defined in § 108 of Article 7 of the New York State Agriculture and Markets Law. Each copy of any license issued for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
E. 
Replacement tag. Each dog licensed pursuant to § 42-3 of this article shall be assigned, at the time the dog is first licensed, a Town identification number. Such identification number shall be carried by the dog on an identification tag that shall be affixed to a collar on the dog at all times. If lost, misplaced or stolen, a replacement tag will be issued at the cost of $3.
F. 
Change of ownership; lost or stolen dog. In the event of a change in the ownership of any dog that has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Clerk a written report of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner. If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Clerk a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article committed after such report is filed. In the case of a dog's death, the owner of record shall notify the Clerk either prior to or upon the time for renewal of the license.

§ 42-16 Issuance of appearance tickets.

[Added 6-27-1988 by L.L. No. 3-1988]
The Dog Warden, having reasonable cause to believe that a violation of this Article has been committed in his presence or upon information and belief, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of § 126 of the Agriculture and Markets Law and this Article.
[Adopted 8-28-1989 as L.L. No. 10-1989]

§ 42-17 Seizure, impoundment, redemption and adoption.

[Amended 12-13-2010 by L.L. No. 5-2010]
A. 
The Dog Control Officer or any law enforcement officer in the employ of or under contract with the Town shall seize:
(1) 
Any dog which is not identified and which is not on the owner's premises.
(2) 
Any dog which is not licensed whether on or off the owner's premises.
B. 
The Dog Control Officer or law enforcement officer in the employ of or under contract to the Town may seize any dog in violation of any local law or local law relating to the control of dogs adopted by the Town pursuant to Article 7 of the Agriculture and Markets Law.
C. 
Seized dogs may be redeemed by producing proof of licensing and by paying the impoundment fees as set forth in § 42-19.

§ 42-18 Purpose.

The purpose of this Article is to modernize and keep abreast of the costs of impounding dogs so as not to be a burden on the local taxpayer.

§ 42-19 Penalties for offenses; impoundment fees.

[Amended 7-13-1992 by L.L. No. 1-1992; 12-13-2010 by L.L. No. 5-2010]
A. 
An offense against any provision of this article shall be deemed a violation and shall be punishable by a fine of $25 plus dog holding fee per day for board for the first violation; $35 plus dog holding fee per day for board for the second violation; $45 plus dog holding fee per day for board for the third violation; and $55 plus dog holding fee per day for board for the fourth offense. A fee of $35 shall be charged for weekend pickups plus dog holding fee per day for board.
B. 
Upon presentation of proof of payment of any and all fines and/or penalties, the Dog Control Officer shall release any dog impounded to its owner or harborer, provided that the release of the dog is consistent with any court determination made with respect to the dog.