[Adopted 4-28-1983 by L.L. 2-1983 (Ch. 31, Art. IV, of the 1973 Code)]
The purpose of this article shall be to preserve
public peace and good order in the City of Hudson and to promote the
public health, safety and welfare of its people, by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the City of Hudson.
As used in this article, the following terms
shall have the meanings indicated:
An unleashed dog off the premises of the owner.
Both male and female dogs.
A person or persons appointed by the City of Hudson for the
purpose of enforcing this article.
[Amended 4-20-2004 by L.L. No. 3-2004]
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Include any person who keeps, harbors or has custody, care
or control of a dog. Dogs owned by minors shall be deemed to be in
custody and control of parents or other head of the household where
the minor resides. Any person harboring a dog for a period of one
week shall be deemed to be the owner of the dog for the purpose of
enforcing this article.
Any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition. The work
or tasks performed by a service animal must be directly related to
the individual's disability. Examples of work or tasks include, but
are not limited to, assisting individuals who are blind or have low
vision with navigation and other tasks, alerting individuals who are
deaf or hard of hearing to the presence of people or sounds, providing
nonviolent protection or rescue work, pulling a wheelchair, assisting
an individual during a seizure, alerting individuals to the presence
of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability
to individuals with mobility disabilities, and helping persons with
psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of
an animal's presence and the provision of emotional support, well-being,
comfort, or companionship do not constitute work or tasks for the
purposes of this definition.
[Added 3-18-2014 by L.L. No. 3-2014]
[Amended 5-21-1991 by L.L. No. 4-1991; 12-19-1995 by L.L. No. 1-1996; 4-20-2004 by L.L. No. 3-2004; 11-16-2010 by L.L. No. 5-2010]
A.
The City
Clerk shall issue dog licenses in the City.
B.
All dogs
in the City of Hudson must be licensed with the City Clerk by the
age of four months and are required to present a current certificate
of rabies at the time of licensing or the renewal of an existing license.
C.
All dog
licenses will be for a period of one year and will expire at the end
of the month one year from the date of issue.
D.
The annual
fee to be paid in connection with the issuance of each dog license
shall be established by the Common Council, along with any appropriate
state fees.
E.
The City
of Hudson does not allow the licensing of dogs by a shelter. The shelter
must send the adoptive dog owners to the City Clerk for licensing.
F.
All dog
licenses may be purchased by visiting the City Clerk or by regular
mail. If licensing or renewing by mail, the appropriate fee must accompany
the forms. There will be no refund of fees.
G.
The City Clerk shall waive the licensing fee for any service animal
upon making the following two inquiries and determining that such
animal is a service animal as that term is defined in this chapter.
In making such determination, the City Clerk may not inquire about
the nature or extent of a person's disability or require submission
of training documentation.
[Amended 3-18-2014 by L.L. No. 3-2014]
[Amended 5-21-1996 by L.L. No. 3-1996]
A.
It shall be unlawful for any owner of a dog in the
City of Hudson to permit or allow such dog to:
(1)
Run at large.
(2)
Be off the owner's property unless leashed.
(3)
Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to habitually annoy any person
other than the owner or harborer of the dog.
(4)
Cause damage or destruction to public or private property.
(5)
Defecate or otherwise create a nuisance upon property
other than property owned or leased by the owner or harborer of the
dog, except as follows: the owner or harborer of the dog shall cause
the defecation stools to be immediately removed and disposed of in
a sanitary fashion.
[Amended 7-17-2012 by L.L. No. 5-2012]
(6)
Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person
in reasonable apprehension of bodily harm or injury.
(7)
Chase, leap on or otherwise harass bicycles or motor
vehicles.
(8)
Kill or injure any dog, cat or other household pet.
(9)
Be unlicensed when four months of age or older.
[Amended 11-16-2010 by L.L. No. 5-2010]
B.
It shall be unlawful for any person to walk a dog
on a leash or otherwise accompany a dog without a device suitable
to cause the removal of the stools of such dog's defecation for sanitary
disposal under this regulation.[2]
[2]
Editor's Note: Former § 70-16.1,
regarding the muzzling of certain dogs, added 7-31-1996 by L.L. No.
5-1996, which immediately followed this section, was repealed 10-15-2002
by L.L. No. 6-2002.
C.
Confinement of companion animals in vehicles; extreme temperatures.
[Added 12-18-2018 by L.L.
No. 1-2019]
(1)
A person
shall not confine a companion animal in a motor vehicle in extreme
heat or cold without proper ventilation or other protection from such
extreme temperatures where such confinement places the companion animal
in imminent danger of death or serious physical injury due to exposure
to such extreme heat or cold.
(2)
Where
the operator of such a vehicle cannot be promptly located, a police
officer, peace officer, or peace officer acting as an agent of a duly
incorporated humane society may take necessary steps to remove the
animal or animals from the vehicle.
(3)
Police
officers, peace officers or peace officers acting as agents of a duly
incorporated humane society removing an animal or animals from a vehicle
pursuant to this section shall place a written notice on or in the
vehicle, bearing the name of the officer or agent, and the department
or agency and address where the animal or animals will be taken.
(4)
An animal
or animals removed from a vehicle pursuant to this section shall,
after receipt of any necessary emergency veterinary treatment, be
delivered to the duly incorporated humane society or society for the
prevention of cruelty to animals, or designated agent thereof, in
the jurisdiction where the animal or animals were seized.
(5)
Any person who knowingly violates the provisions of Subsection C(1) shall be guilty of a violation, punishable by a fine of not less than $250 nor more than five $500 for a first offense, and a fine of not less than $500 nor more than $1,000 for a second and subsequent offenses.
(6)
Officers
shall not be held criminally or civilly liable for actions taken reasonably
and in good faith in carrying out the provisions of this section.
[Amended 4-20-2004 by L.L. No. 3-2004]
All female dogs shall be confined to premises
of their owner while such are in season (heat) and may not be left
outside unattended. Any owner not adhering to this rule will be subject
to having the dog seized by the Dog Control Officer and removed to
a safe place of confinement.
All premises occupied or used by dogs shall
be kept in a clean, sanitary condition. Failure to provide adequate
food, water or space shall subject dogs to seizure and confinement.
"Adequate" shall mean sufficient for age, size and number of dogs
on the premises. Upon conviction of the owner or harborer, the dogs
become the property of the City of Hudson to be released to an authorized
humane society, veterinarian or kennel for adoption or euthanasia.
[Amended 4-20-2004 by L.L. No. 3-2004]
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter. The record shall include
date of pickup, breed, general description, sex, identification numbers,
time of pickup, location of release and name and address of owner,
if any.
[Amended 12-17-1991 by L.L. No. 1-1992; 4-20-2004 by L.L. No. 3-2004]
Each dog which is not identified, whether or
not licensed, shall be held for a period of five 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 fees as established
by the Common Council.
Any person who observes a dog in violation of
any section of this article may file a signed complaint, under oath,
with a Justice of the City of Hudson or with the authorized Dog Control
Officer or any peace officer, specifying the violation, the date of
the violation, the damage caused and including the place(s) the violation
occurred and the name and address of dog owner, if known.
Any person or persons who are or may be lawfully
authorized by the City of Hudson shall and all peace officers may
administer and enforce the provisions of this law and for that purpose
shall have the authority to issue summonses or appearance tickets
and to seize dogs, either on or off the owner's premises, if witnessed
to be in violation of this article.
[Amended 7-31-1996 by L.L. No. 5-1996; 10-15-2002 by L.L. No. 6-2002; 5-19-2009 by L.L. No.
3-2009; 7-17-2012 by L.L. No. 5-2012]
Each violation of this article shall constitute
a violation under the New York Penal Law and shall be punishable by
the penalty set forth herein.
A.
Each violation of § 70-4A(6) in which a person is bitten shall carry a maximum fine of $2,000 and the restitution of payment of the victim's reasonable medical fees. Every other violation of § 70-4A(6) that does not involve the biting of a person shall be punishable by a fine of not more than $150 nor less than $50 for a violation.
B.
Each violation of § 70-4A(8) shall carry a maximum fine of $1,000 and the restitution of payment of the victim's reasonable veterinarian bills.
D.
Violations
of each and every other provision of this article shall be punishable
or fined not more than $150 or less than $50 for a violation.
No person shall hinder, resist or oppose the
Dog Control Officer, peace officer or other person(s) authorized to
administer or enforce the provisions of this article in the performance
of the officer's duties under this article.
The owner or harborer of any dog so destroyed
under the provisions of this article, whether destroyed by Dog Control
Officer or peace officer or released to an authorized humane society
or veterinarian, shall not be entitled to any compensation, and no
action shall be maintainable thereafter to recover the value of such
dog or any other type of damage.
