[HISTORY: Adopted by the City Council of the City of Lackawanna as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-1987 as Ch. 54 of the 1978 Code]
This article shall be known and may be cited as the "Animal and Fowl Ordinance of the City of Lackawanna, New York."
A. 
No person shall breed, raise, harbor or maintain any bees, poultry, chickens, turkeys, ducks, geese or any other fowl or reptiles, or any swine, horses, cows, mules, goats, sheep or any other animals or reptiles within the City except domesticated pets.
B. 
"Domesticated pets" are hereby defined to mean any animals, birds, reptiles or fish customarily kept in the home or place of residence which are not vicious, dangerous, or otherwise obnoxious, offensive or objectionable.[1]
[1]
Editor's Note: Former Section 54.3, Animals obstructing sidewalks, which immediately followed this section, was deleted 2-22-2005 by L.L. No. 2-2005.
A. 
As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
AT LARGE
Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
(1) 
A guide dog actually leading a blind person;
(2) 
A police work dog in use for police work; or
(3) 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the City to assist in the enforcement of this article, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the City to assist in the enforcement of this article.
OWNER
Any person who harbors or keeps any dog.
B. 
All other words and phrases used in this article shall for the purpose of this article have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law.
The purpose of this article shall be to preserve the public peace and good order in the City, and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of other residents of the City.
A Dog Control Officer appointed or designated by the City to enforce this article who shall have all the powers and duties contained in § 114 of the Agriculture and Markets Law.
A. 
No dog shall be permitted to run at large within the City of Lackawanna, New York.
B. 
No unspayed female dog in season shall be permitted to be outside a building or a fenced enclosure.
C. 
No person owning, harboring or having the care, custody or charge of any dog, whether male or female or whether licensed or not, shall allow or permit such dog at any time to run at large within the City unless such dog shall be effectively restrained, by a chain or leash not exceeding eight feet in length, by a competent person.
D. 
No dog shall be allowed at any time to be in/on playgrounds, athletic fields, senior center property, cemeteries or school property.
[Added 7-18-2006]
E. 
Dogs shall not be used for guard or attack dog purposes.
[Added 7-18-2006]
F. 
Any person owning or having the care, custody or charge of any dog, which is kept on the owner's premises or the premises of others, shall, unless said dog is in his/her immediate custody or within a fenced enclosed area, keep said dog muzzled or securely fastened in such manner as to prevent said dog from biting any person lawfully entering or leaving such premises.
[Added 7-18-2006]
G. 
The owner of each dog must reside at the premises where the dog is licensed.
[Added 7-18-2006]
H. 
No dog shall be secured, tethered or fenced within 25 feet of a public right-of-way unless the dog is on a leash held by a competent person 16 years of age or older.
[Added 3-22-2011]
A. 
Prohibited. No owner or harborer of a dog and no owner or operator of a duly approved kennel within the City shall suffer or permit any dog to create any unreasonably loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individual. Dogs shall be housed and confined in places constructed so as to prevent any disturbing and unnecessary noise which may result from the habitual or continual barking of such dogs.
B. 
Declared nuisance. Any unreasonably loud or disturbing noise prohibited herein is hereby declared to be a public nuisance.
C. 
Construction of section. The provisions of this section shall be liberally construed so as to prevent excessive, unreasonable, disturbing and unnecessary noise, due consideration being given to the circumstance, time of day, particular location of each violation and the demands of the public health, safety and welfare.
The Dog Control Officer and any other peace officer authorized by the City to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, pursuant to the Criminal Procedure Law.
Any dog which shall attack any person or domestic animals within the meaning of Article 7, § 121 of the Agriculture and Markets Law shall be dealt with in accordance with such section.
[Amended 9-7-2011]
Any dog in violation of this article may be seized, impounded and redeemed pursuant to § 118 of the Agriculture and Markets Law; provided, however, that the impoundment fee shall be $25 for the seizure and $16 per each day or portion thereof after seizure. A person who has had a dog seized or impounded for a violation of this article within the preceding five years shall pay a fee of $50, for the seizure and $16 per each day or portion thereof after seizure. A person who has had a dog seized or impounded for a violation of this chapter twice or more within the preceding five years shall pay a fee of $100 for the seizure and $16 per each day or portion thereof after seizure.
No person shall hinder, resist or oppose the Dog Control Officer, any police officer, agent or employee or representative of the City in the performance of his or her duties under this article. Such interference by any person shall constitute a violation punishable by a fine of no more than $50.
A. 
No person owning, harboring, keeping, walking or in charge of any dog shall cause or allow such dog to soil, defile, defecate on or commit any nuisance on any sidewalk, gutter, street, play area, park or other public area nor on any private property without the permission of the owner of such property. The prohibition in this section shall not apply to that portion of a street lying between the curblines, which portion may be used to curb such dog under the following conditions: any person who so curbs a dog shall immediately remove all feces left by such dog as follows:
(1) 
Feces shall be picked up with a scoop, shovel, broom, tong or similar implement and shall be placed directly in an airtight container, plastic or otherwise, and then deposited in a container used for the disposal of refuse.
(2) 
In no event shall any feces be deposited in any storm sewer or drainage ditch.
B. 
Exclusion. The provisions of this section shall not apply to a guide dog accompanying any blind person.
[Amended 2-22-2005 by L.L. No. 2-2005; 10-2-2012]
Except as otherwise provided for in Agriculture and Markets Law § 119, any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be liable to a fine of not more than $100 and/or imprisonment for not more than 15 days for a first violation; not more than $150 and/or imprisonment for not more than 15 days for the second violation; and not more than $250 and/or imprisonment for not more than 15 days for the third violation and all subsequent violations occurring within 18 months of the first violation.
[Added 12-21-1992; amended 3-7-2005; 7-18-2006; 9-7-2011]
A. 
Licensing of dogs. All dogs within the City of Lackawanna being four months of age or older shall be licensed by the City Clerk's office. The owner of each dog required to be licensed shall obtain, complete and return to the City Clerk's office a dog license application, together with the license application fee, any applicable license surcharges and such additional fees as may be established by the City Council and the City of Lackawanna. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies, and, if applicable, spaying and neutering papers are required. Each license shall be valid for one year and shall not be transferable.
B. 
License fees and surcharges.
(1) 
The annual fee for each dog license issued shall be:
(a) 
For each spayed/neutered dog: $12; $10 for senior citizens.
[Amended 9-5-2017]
(b) 
For each unspayed/unneutered dog: $20; $18 for senior citizens.
[Amended 9-5-2017]
(c) 
Surcharge for each dog license not renewed in the specific renewal month: $5 for each month past the specific renewal month.
[Amended 9-9-2015]
(d) 
For each replacement tag: $3.
(2) 
In the event that an owner of a dog which is licensed by another municipality in New York State moves into the City of Lackawanna, he/she must obtain an identification tag from the City Clerk's office. In such instance, there will be no additional fee owing to the City of Lackawanna until such time as the license from the other municipality expires.
C. 
Identification of dogs.
(1) 
Each dog licensed by the City shall be assigned, at the time the dog is first licensed, a license tag and identification number. Such license tag shall include the identification number and shall be affixed to a collar on the dog at all times. The identification number relates to the ownership, current rabies status and a description of the dog.
(2) 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
(3) 
Any dog found in the City, whether on or off the owner's premises, leashed or unleashed, which is not wearing a license tag shall be considered a stray or stolen dog and is subject to seizure under Article 7 of the New York State Agriculture and Markets Law.
D. 
Exceptions. Any dog for which a statement from a licensed veterinarian is provided stating that vaccination for rabies would endanger the dog's health shall not be required to be vaccinated.
E. 
The owner of each dog shall be personally liable and accountable for his/her dogs. The owner of each dog shall provide proof of liability insurance to cover accountability for the property where the dog is housed. No license shall be issued or renewed for a dog without said proof of insurance. An owner who fails to comply with the provisions of this section shall be subject to a fine not to exceed $250.
[Added 2-3-2014; amended 7-17-2018]
[Added 4-19-2004; amended 7-18-2006]
A. 
The fee for the Animal Control Officer to trap and remove nuisance wildlife (woodchucks, skunks, feral cats, opossums, squirrels, snakes, etc.) from the home or property of a resident in the City of Lackawanna shall be $25.
B. 
The fee for the City to trap and remove nuisance wildlife, including woodchucks, skunks, feral cats, opossums, squirrels, snakes, etc., from the home or property of a resident in the City of Lackawanna shall be $25 plus $10 per animal.
C. 
The fee for the City to dispose of any dead dog at owner's request is $25 for a group burial fee. If the dog needs euthanasia and group burial, the fee will be $50.
[Added 7-18-2006; amended 1-16-2007]
A. 
No one property address shall keep more than two dogs, four months of age or older, on any residence in the City of Lackawanna. The City Clerk shall not issue any dog licenses in any instance where more than two dogs, four months of age or older, will be kept on the premises in the City of Lackawanna.
B. 
Exceptions. Subsection A shall not apply to any person who secures a purebred license.
[Added 7-18-2006; amended 12-20-2010]
Dogs currently licensed under the previous kennel licenses shall be exempt from the ordinance passed by the City Council on January 16, 2007,[1] which limits the number of dogs to two per household; however, no additional dogs will be allowed to be kennel licensed after January 1, 2011. All kennel-housed dogs in the City must be licensed individually.
[1]
Editor's Note: See § 66-16, Number of dogs permitted.
[Added 7-18-2006]
A. 
According to law, all dogs, cats and ferrets shall be vaccinated against rabies. No cat or ferret is allowed outside any building without a reasonable identification tag including the owner's name and address.
B. 
All chimneys should be capped to prevent birds or squirrels from falling in and raccoons from nesting.
C. 
The property owner(s) shall be personally liable and accountable for his/her tenant's animals. Property owners shall provide proof of liability insurance to cover accountability for rental property where animals are housed. Said insurance must cover the breed of the animal housed. No license, if required, shall be issued or renewed for an animal without said proof of insurance. A property owner who fails to comply with the provisions of this section shall be subject to a fine not to exceed $250.
[Amended 9-10-2013]
D. 
A tenant shall be personally liable and accountable for his/her animals. Tenants shall provide proof of liability insurance to cover accountability for animals housed in rental property. Said insurance must cover the breed of the animal housed. No license, if required, shall be issued or renewed for an animal without said proof of insurance. A tenant who fails to comply with the provisions of this section shall be subject to a fine not to exceed $250.
[Amended 9-10-2013]
[Added 5-7-2007]
A. 
Any person owning, harboring, walking or in charge of a dog who allows the dog to defecate on public property or on any private property without the permission of the property owner shall remove all feces immediately after they are deposited by the dog. All feces removed in accordance with this section shall be placed in a suitable bag or other container which closes. The bag or closed container shall then be deposited in a receptacle for the disposal of refuse.
B. 
The provisions of this section shall not apply to blind persons using dogs as guides.
C. 
Any police officer of the City of Lackawanna or its Animal Control Officer or other designee of the City Council who observes a violation of this section is hereby authorized to issue an appearance ticket setting forth a brief description of the circumstances of the violation.
D. 
Any person who observes a violation of this section may appear before the Chief of Detectives and sign an information (criminal complaint). The City Judge shall summon the person who allegedly violated this section of this article to appear in person before him/her at a hearing, at which both the complainant and the alleged violator shall have an opportunity to be represented by counsel and to present evidence.
E. 
A conviction under this section shall be a violation and punishable in accordance with § 1-3 of the City Code.
[Added 10-2-2012[1]]
A. 
It shall be deemed unlawful for any person to provide food or feed any nondomestic animal, including, but not limited to, birds, deer, rabbits, squirrels, turtles, ferrets and stray cats or dogs.
B. 
The use of bird feeders, wildlife feeders and/or outdoor pet food bowls shall be prohibited.
[1]
Editor's Note: This ordinance also repealed former § 66-19.1, Feeding of wild birds, added 2-22-2011.
[Adopted 8-17-2010]
The purpose and intent of this article shall be to preserve the public peace and good order in this City and to promote the general welfare and the preservation and protection of the property and the person of residents of this City by the enforcement of regulations and restrictions on activities of stray cats within the municipality.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person appointed by the Mayor of the City of Lackawanna for the purpose of enforcing this article. For purposes of this article, an Animal Control Officer shall be deemed a peace officer.
AT LARGE
Any stray cat off the premises of the owner, except as otherwise specifically provided by this article.
CAT
Both male and female of the species.
CITY
The City of Lackawanna, New York.
OWNER
Includes any person who owns, keeps, harbors or has the care, custody or control of a cat. Cats owned by minors under the age of 18 years shall be deemed to be in the custody and control of the minor's parents or head of the household where such minor resides.
All cats and cat owners within the City shall be subject to the following regulations and restrictions:
A. 
No person owning or having the care and custody of a cat shall permit such cat to be at large within the City elsewhere than on the premises of the owner, except on the premises of another person with the knowledge and consent of such other person.
B. 
The fact that a cat is at large within the City elsewhere than on the premises of the owner or the premises of another person consenting thereto shall be presumptive evidence that the cat has been permitted to be at large with the knowledge of the owner.
C. 
A premises shall not contain more than three adult cats regularly residing upon the premises.
The owner of a cat shall not permit such cat to do any of the following acts:
A. 
Damage or deface property not belonging to the owner.
B. 
Deposit waste or commit a nuisance on the property of a person other than that of the owner.
C. 
Howl so as to disturb or annoy any person or persons.
A. 
Any cat found at large within the City may be seized and confined by any duly appointed Animal Control Officer, peace officer or duly authorized officer or representative of the City. Any cat which, when found at large, cannot, in the opinion of the Animal Control Officer, peace officer or duly authorized representative of the City, be safely seized may be destroyed.
B. 
Any cat seized pursuant to the provisions of this article shall be fed, cared for and disposed of in the same manner as dogs, in accordance with the provisions of § 118 of the New York State Agriculture and Markets Law, except as cats are not licensed, the owner of record need not be determined or notified.
Any person violating the provisions of this article shall be subject to a fine and/or imprisonment the same as that provided for in § 66-13 and as set forth in § 119 of Article 7 of the New York State Agriculture and Markets Law.
In the event that any portion of this article shall be declared invalid, the remainder thereof shall not be affected thereby and shall remain in full force and effect.
This ordinance shall take effect immediately.