[Adopted 6-4-1998 by Ord. No. 1666]
As used in this article, the following terms
shall have the meanings indicated:
Any dog:
Which, when unprovoked, chases or approaches
a person upon the streets, sidewalks or any public or private property
in a menacing fashion or apparent attitude of attack;
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger or
threaten the safety of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal or household pet without
provocation, on public or private property; or
Which is owned or harbored primarily or in part
for the purpose of dog fighting, or any dog trained for dog fighting.
No dog may be declared vicious if the threat, injury or damage was sustained by a person who, at the time such threat, injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, and in accordance with the procedures set forth in § 108-10, find the dog to be vicious.
No dog may be declared vicious if it is used
by law enforcement officials for law enforcement work.
A fence of at least six feet in height, or other structure,
such as a pen, forming or causing an enclosed area suitable to prevent
the entry of young children, or any part of their bodies, and suitable
to confine vicious dogs in conjunction with other measures which may
be taken by the owner or the keeper, such as the tethering of a vicious
dog. Such other structure shall be securely enclosed and locked and
designed with secure sides, top and bottom, and shall be designed
to keep the animal from escaping therefrom. If the pen or other structure
has no bottom secured to the sides, the sides must be embedded in
the ground no less than one foot.
Taken into custody or the public pound used by the City of
Watervliet.
A natural person or any legal entity, including but not limited
to a corporation, partnership or trust.
A.
An animal control officer who has probable cause to
believe that a dog is vicious, as defined in this article, shall immediately
demand that possession of the dog be forthwith relinquished to said
animal control officer, who shall impound said dog and notify the
owner of said impoundment. The owner of such dog may request the City
Court to conduct a hearing within 15 days from the notification of
the dog's impoundment, to determine if the dog is vicious. Upon such
hearing, all interested persons shall have the opportunity to present
evidence on the issue of the dog's viciousness. If no such hearing
is requested within 15 days from the notification of the dog's impoundment,
the dog shall become the property of the city.
B.
After a finding that the dog is vicious as defined
in this article, it is in the Court's discretion to order the dog
destroyed or to return the dog to the owner upon satisfaction of the
following conditions:
(1)
The owner obtained general liability insurance in
the amount of $100,000 for any injury which the dog may cause, naming
the City of Watervliet as an additional for the purpose of receiving
notification of termination. It shall be the duty of said dog owner
to maintain such insurance policy in force so long as the dog shall
be present in the City of Watervliet.
(2)
The owner shall obtain a conspicuously colored collar
identifying the dog as dangerous. Said collar shall remain on the
dog at all times.
[Amended 4-7-2016 by L.L.
No. 2-2016]
(3)
The owner shall obtain a leash and muzzle for said
dog. Such leash shall have a maximum length of three feet and shall
have a minimum tensile strength of 300 pounds. It shall be unlawful
at all times thereafter to allow said dog to leave the owner's home
or secure enclosure as defined herein upon the owner's property unless
said dog is muzzled, collared and tethered and under the control of
a person at least 18 years of age.
(4)
Registration. The City Clerk or his/her designee shall require the
owner of a vicious dog to register such dog with the City Clerk. The
application for such registration shall contain the name and address
of the owner; the breed, age, sex, color and any other identifying
marks of the dog; the location where the dog is kept, if not at the
address of the owner; and any other information which the City Clerk
or his/her designee shall require. The application for registration
pursuant to this subsection shall be accompanied by a registration
fee of $150. Each dog registered pursuant hereto shall be assigned
an official registration number by the City Clerk. The certification
of registration shall be of such form and design and shall contain
such information as the City Clerk shall prescribe and shall be issued
to the owner upon payment of the registration fee and presentment
of sufficient evidence that the owner has complied with all of the
orders of the City Clerk and as prescribed at the determination hearing.
[Amended 4-7-2016 by L.L.
No. 2-2016]
(5)
The owner or keeper shall display a sign on his or
her premises warning that there is a dangerous dog on the property.
This sign shall be visible and capable of being read from the public
highway or street.
(6)
The owner of the dog shall have the dog sterilized
and microchipped.
[Amended 4-7-2016 by L.L.
No. 2-2016]
(7)
The dog shall not be returned to any person under
the age of 18.
(8)
Payment of all expenses, including but not limited to shelter, food
and veterinary expenses, necessitated by the seizure of the dog within
10 days of the Court's determination.
[Added 4-7-2016 by L.L.
No. 2-2016]
(9)
The owner shall obtain an evaluation of the dog by a certified applied
behaviorist, a board-certified veterinary behaviorist, or another
recognized expert in the field and completion of training or other
treatment as deemed appropriate by such expert.
[Added 4-7-2016 by L.L.
No. 2-2016]
(10)
Secure, humane confinement of the dog for a period of time and
in a manner deemed appropriate by the Court but in all instances in
a manner designed to prevent escape of the dog, to protect the public
from unauthorized contact with the dog, and to protect the dog from
the elements pursuant to § 353-b of the Agriculture and
Markets Law. Such confinement shall not include lengthy periods of
tying or chaining.
[Added 4-7-2016 by L.L.
No. 2-2016]
C.
An animal control officer who has probable cause to believe that a dangerous dog is being possessed in violation of this article or in violation of any conditions imposed by the City Court pursuant to § 108-10B shall immediately demand that possession of the dog be forthwith relinquished to said animal control officer, who shall impound said dog. A hearing may be requested by the owner as set forth in § 108-10A. If it is determined that the owner has failed to comply with the City Court's conditions, the City Court shall order the dog destroyed.
[Amended 4-7-2016 by L.L.
No. 2-2016]
If any dangerous or vicious dog causes injury
to a person or domestic animal or damage to property while out of
or within the enclosure of the owner of the dog, or while off the
property of the owner, whether or not the vicious dog was on a leash
and securely muzzled or whether the vicious dog escaped without the
fault of the owner, the owner shall be liable to the person aggrieved
by the injury for all damages sustained, to be recovered in a civil
action.
The owner shall notify the animal control officer
immediately, but in no event more than 24 hours, if a vicious dog
is loose, unconfined, has attacked another animal, has attacked a
human being or has died.
No person shall own or harbor any dog for the
purpose of dog fighting or shall train, torment, badger, bait or use
any dog for the purpose of causing or encouraging the dog to unprovoked
attacks upon human beings or domestic animals.
No person shall possess with intent to sell,
offer for sale, give away, breed, buy, attempt to buy or receive as
a gift within the City any dangerous or vicious dog.
A.
Any person violating the provisions of this article
shall be punished by a fine of not more than $1,000, or 30 days in
jail, or both. Each separate offense shall constitute an additional
violation.
B.
Any person found guilty of violating this article
shall pay all expenses, including shelter, food and veterinary expenses,
necessitated by the seizure of any dog for the protection of the public
and such other expenses as may be required for the destruction of
such dog.
C.
The owner of any dog found to be vicious under this article shall
be required to pay all expenses, including but not limited to shelter,
food and veterinary expenses, necessitated by the seizure of the dog
and, if the dog is ordered to be destroyed, such expenses as may be
required to have the dog destroyed. A dog found to be vicious but
not ordered to be destroyed shall not be returned to its owner or
any other person unless said expenses are paid within 10 days of the
City Court's determination. If it is determined by the City Court
that the owner has failed to timely pay said expenses, the City Court
shall order the dog destroyed.
[Added 4-7-2016 by L.L.
No. 2-2016]
The provisions of this article shall not supersede but rather shall be supplementary to the provisions of law contained in Article 7 (§ 106 et seq.), of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation and successor laws, ordinances, rules and regulations.
