Proposed Local Law No. 2 of 2018

Local Law No. 2 of 2018

A Local Law in Relation to the Redemption Period for Seized Dogs

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF COPAKE AS FOLLOWS:

Section 1. Legislative Intent.

WHEREAS, Chapter 85 of the Code of the Town of Copake and Article 7 of the New York State Agriculture and Markets Law govern the control, licensing, seizure, impoundment, and redemption of dogs; and

WHEREAS, section 117 of the NYS Agriculture and Markets Law provides for specified periods of redemption for seized dogs and the process for their disposition; and

WHEREAS, section 85-7 of Chapter 85 of the Code of the Town of Copake provide that seized dogs shall be kept and disposed of in accordance with the provisions of Article 7 of the NYS Agriculture and Markets Law, but section 85-10.5 of the Code of the Town of Copake provides for redemption period in excess of the periods provided by such Article 7, this local law establishes consistency among these provisions of the Copake Code and Article 7 of the NYS Agriculture and Markets Law.

Section 2.

Subdivision (E.) of section 85-10.5 of Article II of Chapter 85 of the Code of the Town of Copake is amended to read as follows:

  1. 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 day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine 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 in section 85-10.5(D.)(1) through (3) of this article and by producing proof that the dog has been duly licensed.

Section 3. Statement of Authority.

This law is enacted pursuant to the authority of the NYS Municipal Home Rule Law, including but not limited to M.H.R.L. sections 10, 20 and 27, and Article 7 of the NYS Agriculture and Markets Law.

Section 4. Effective Date.

This local law shall become effective immediately upon filing with the Secretary of St