Dog Control Officer

The Village of Fort Plain responds to complaints from citizens regarding dogs located within the village’s jurisdiction.  Currently the village employees one part-time Dog Control Officer (DCO), who is on call everyday.  To reach the DCO to file a complaint or ask questions, please contact the Fort Plain Police Department at (518) 993-3781 or the Montgomery County Sheriff’s Department at (518) 853-5500.

To help citizens comply with laws and regulations pertaining to their pet canines, the following is a partial list of local laws enforced by both the DCO and the Fort Plain Police Department. 

NYS Agriculture & Markets Law (Ags & Mkts Law)

Section 109, subdivision 1 - A person is guilty of HARBORING AN UNLICENSED DOG when the owner of any dog then six months older is not immediately licensed. All dogs must be licensed that are over the age of 6 months as per section 109-1 of the Ags and Mkts Law.

Section 353 - A person is guilty of OVERDRIVING, TORTURING, OR INJURING AN ANIMAL, when he overdrives, overloads, tortures, or cruelly beats or unjustifiably injures, maims, mutilates, or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food, or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to overdriven, overloaded, tortured, cruelly beaten, unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty, is guilty of a misdemeanor.

Section 353 -  A person is guilty of FALURE TO PROVIDE SUSTENANCE TO AN ANIMAL, when he or she deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes or procures, or permits any animal to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act tending to produce such cruelty.

Section 353-b, subdivision (2a) - A person is guilty of FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS when having custody and control of a dog that is left outdoors, he or she fails to provide it with shelter appropriate to it's breed, physical condition, and climate.

Section 355 - A person is guilty of ABANDONMENT OF ANIMALS, when being the owner or possessor, or having charge or custody of an animal, who abandons such animal, or leaves it to die in a street, road, or public place, or who allows such animal, if it becomes disabled, to lie in a public street, road, or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor.

Code of the Village of Fort Plain

Section 58-6, subdivision A - A person is guilty of LOOSE DOG when a person who owns or is responsible for the care and custody of a dog shall permit such dog to be at large within the Village of Fort Plain unless restrained by an adequate leash; provided, however, that dogs may be unleashed while off the owner's premises when on the private premises of another with the knowledge, consent, and approval of such other person.  

Section 58-6 subdivision D – DANGEROUS DOG - No Person who owns or is responsible for the care and custody of a dog shall permit or keep a dog which has attacked any person peaceably conducting himself in any place where such a person may lawfully be or which has attacked, chased, unreasonably annoyed or killed any domestic animal, as defined in the Agriculture and Markets Law of the State of  New York, or any cat or other dog while such animal is an any place where it may lawfully be.

Section 58-6, subdivision F - A person is guilty of BARKING DOG when a person who owns or is responsible of the care and custody of a dog shall permit or keep on the premises occupied by such person any dog which, by its barking, howling or whining or other frequent or long continued noises, shall unreasonably disturb the comfort or repose of any person other than the owner of such dog.  Such barking, howling, whining or other noises when occurring for ½ hour or more at any one time in a frequent manner shall be deemed to unreasonably disturb the comfort or repose of other persons. 

Section 58-15 - Removal of feces required. Any person owning, or having possession, custody or control of any animal which soils, defiles, defecates on or commits any such nuisance on any street, gutter, common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk upon any pubic property whatsoever or upon any private property without the permission of the owner of said property shall immediately remove all feces deposited by any such animal by any sanitary method.

Section 58-19 - Possession of device for removal of feces. Any person in charge of an animal having such animal off of the property of either the owner or such person in charge shall have in his or her possession an appropriate mechanical device or bag to enable such person to remove any feces so that same can be disposed of in a sanitary manner.