[1]
Editor's Note: An ordinance adopted 7-27-1987 added provisions to this article regarding vicious dogs and was repealed 10-26-1987. For current provisions on dangerous dogs, see § 135-6.
[Added 6-9-1980]
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property and deer from dog attacks and damages pursuant to the provisions of Article 7 of the Agriculture and Markets Law, effective January 1, 1980.
[Amended 6-9-1980]
A. 
As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise, the definitions contained in Article 7, § 108, of the Agriculture and Markets Law are ordained to have the same meanings herein.
B. 
As used in this article, the following terms shall have the meanings indicated:
ADOPTION
The delivery to any individual 18 years of age or older, for the purpose of harboring as a pet, of any unredeemed dog impounded pursuant to the provisions of this article or any local law or ordinance promulgated pursuant thereto.
AT LARGE
A dog shall be deemed to be "at large" when it is off the premises of the owner and not restrained by a leash, except if it is on the premises of another person with the knowledge and consent of such other person.
CLERK
The Clerk of any town, City or village where licenses are validated or issued pursuant to this article.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by a municipality 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 a municipality to assist in the enforcement of this article.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cockfights shall not be considered "domestic animals" for the purposes of this article.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
Any dog that is trained to aid the blind and is actually used for such purpose or any dog owned by a recognized guide-dog training center located within the state during the period that such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid the deaf and is actually used for such purpose or any dog owned by a recognized training center located within the state during the period that such dog is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag which sets forth an official identification number as required by the provisions of this article.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 112 of the Agriculture and Markets Law.[1]
MUNICIPALITY
Any county, town, City or village.
OFFICIAL IDENTIFICATION NUMBER
A series or combination of letters, numbers or symbols approved and furnished by the Commissioner.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to either Subdivision 1 or 2 of § 109 of the Agriculture and Markets Law, except that if any license is issued on application of a person under 18 years of age, the "owner of record" shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the "owner of record" has filed a statement pursuant to the provisions of § 113 of the Agriculture and Markets Law,[2] the owner shall be deemed to be the "owner of record" of such dog, except that if the owner is under 18 years of age, the "owner of record" shall be deemed to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any State or Municipal Police Department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as may be required by the Commissioner.
WAR DOG
Any dog which has been honorably discharged from the United States armed services.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 111.
[2]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 112.
[Added 11-28-1988]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONFINEMENT
Includes placing the dog inside a house, barn or other building of such material and construction so as to prohibit and prevent said dog from being outside. Said dog shall only be allowed outside for the purpose of relieving itself. When said dog is allowed outside, the owner shall at all times have the dog secured on a leash not longer than three feet and said dog shall at all times be under the direct control and supervision of the owner or caretaker.
DANGEROUS DOG
Any dog, which, when unprovoked, inflicts, bites or attacks a human being or domestic animal, either on public or private property, or in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places.
DOG OFFICER
The Dog Control Officer or other designee of the Common Council.
[Amended 12-28-1992 by L.L. No. 4-1992]
PERSON
A natural person of any legal entity, including but not limited to a corporation, firm, partnership or trust.
B. 
Responsibility of owner. Upon receiving a report from any source that a dog located within the City of Hornell may be a dangerous dog, as defined herein, it shall be the duty and responsibility of the owner or person who has custody and control of said dog to follow the following procedures:
(1) 
Confine the dog for 10 days.
(2) 
Take the dog to a licensed veterinarian within 24 hours and at the end of the ten-day confinement period.
(3) 
Have the dog vaccinated for rabies, if necessary.
(4) 
License said dog within 72 hours.
(5) 
Report any changes in the dog's mood, disposition or eating habits immediately to the Hornell Humane Society or such other agency as is designated by the City of Hornell.
[Amended 12-28-1992 by L.L. No. 4-1992]
C. 
Confinement at animal shelter. Owners of dogs who are unable to confine said animal as provided for herein shall have their dog confined at the Hornell Humane Society Animal Shelter or such other place as is designated by the City of Hornell. The charge for said confinement shall be as provided in Chapter 142, Fees, per day per dog.
[Amended 12-28-1992 by L.L. No. 4-1992]
D. 
Penalty for violation of section. Any person who shall violate any of the provisions of this section shall, for each and every offense, be deemed guilty of a violation and shall, upon conviction, be imposed a fine of not less than $100 and not more than $1,000 and/or imprisonment of not more than days. Public health laws in New York State require the approval of the local Health Officer before a confined dog may be removed from the owner's premises.
A. 
No person owning or having the custody and control of a dog shall permit such dog to be at large in the City elsewhere than on the premises of the owner, except if it is on the premises of another person with the knowledge and consent of such other person.
B. 
The owner or person having the custody and control of a dog in the City which is not on the premises of the owner or upon the premises of another person with the knowledge and consent of such person shall control and restrain such dog by a leash.
C. 
Section 135-7 is to be construed as a strict liability statute, and knowledge is specifically not an element of this offense.
[Amended 6-24-2002]
[Amended 5-22-1972; 9-25-1972]
A. 
Dogs which are not restrained by leash and which are off the premises of the owner and are upon the premises of another person without the knowledge and consent of such person may be seized as hereinbefore provided, or, in the alternative, the Dog Control Officer or anyone duly authorized by the Chief of Police to enforce this article may issue a summons to the owner alleging a violation of this article and directing said person to appear before the City Judge at a time and date indicated thereon to answer said charge. A finding of guilty shall result in a fine of $25, and failure to appear at the time and date so designated may result in the issuance of a warrant by the City Judge.
[Amended 12-28-1992 by L.L. No. 4-1992]
B. 
Ownership of a dog may be proven by its dog tag number. Such identification shall be presumptive evidence of its ownership.
[Amended 9-10-1979; 10-14-1980; 12-28-1992 by L.L. No. 4-1992; 12-13-2010 by L.L. No. 2-2010]
A. 
Licensing of dogs required; rabies vaccination required.
(1) 
License.
(a) 
The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large, or that is residing in a point of shelter maintained by or under contract or agreement with the City. Except as otherwise provided in this subsection, a license shall be issued or renewed for a period of one year, provided that no license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed. All licenses shall expire on the last day of the last month of the period for which they are issued.
(b) 
Application for a dog license shall be made to the City Clerk.
(c) 
The application shall state the sex, actual or approximate age, breed, color and other identification marks, if any, and the name, address, telephone number of the residence of the owner.
(d) 
The application shall be accompanied by the license fee prescribed by § 110[1] and a certificate of rabies vaccination. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided such certificate shall not be required if the same is already on file with the Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subdivision 1 of § 110.[2]
[1]
Editor's Note: See Subsection B, License fees (§ 110); see also Agriculture and Markets Law, Art. 7, § 110.
[2]
Editor's Note: See Subsection B(1); see also Agriculture and Markets Law, Art. 7, § 110, Subdivision 1.
(e) 
Upon validation by the Clerk, the application shall become a license for the dog described therein.
(f) 
The Clerk shall:
[1] 
Provide a copy of the license to the owner;
[2] 
Retain a record of the license.
(g) 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
(2) 
The Clerk, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or another reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk shall make or cause to be made from such statement a record of such information and shall file such record with a copy of the license.
(3) 
Municipalities may provide for the establishment and issuance of purebred licenses and, in the event they do so, shall provide for the assessment of a surcharge of at least $3 for the purposes of carrying out animal population control efforts.
(4) 
No more than four dogs, who are four months or older, shall be allowed per household.
[Added 4-18-2022]
B. 
License fees. (§ 110[3])
(1) 
Spayed/neutered: $7.50.
(2) 
Unspayed/unneutered: $15.50.
[3]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 110.
C. 
Identification of dogs. (§ 111[4])
(1) 
Each dog licensed shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times, provided that a municipality may exempt dogs participating in a dog show during such participation.
(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.
[4]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 111.
D. 
Change of ownership; lost or stolen dog. (§ 112[5])
(1) 
In the event of a change in the ownership of any dog which has been licensed or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the City a written report of such change. Such owner of record shall be liable for any violation of this section until such filing is made or until the dog is licensed in the name of the new owner.
(2) 
If any dog which has been licensed pursuant to this section is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the City a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this section committed after such report is filed.
(3) 
In the case of a dog's death, the owner of record shall so notify the City prior to renewal of licensure or upon the time of such renewal as set forth by the City.
[5]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 112.
E. 
Violations. (§ 118[6])
(1) 
It shall be a violation, punishable as provided in Subsection E(2) of this section, for:
(a) 
Any owner to fail to license any dog;
(b) 
Any owner to fail to have any dog identified as required by this section.
(c) 
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;
(d) 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this section.
(e) 
Any person to furnish any false or misleading information on any form required to be filed with any municipality pursuant to the provisions of this section or rules and regulations promulgated pursuant thereto;
(f) 
The owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog;
(g) 
Any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by § 112 of this article.[7]
[7]
Editor's Note: See Subsection D; see also Agriculture and Markets Law, Art. 7, § 112.
(2) 
It shall be the duty of the Dog Control Officer or member of the City of Hornell to bring an action against any person who has committed within the City any violation set forth in Subsection E(1) of this section. The City may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either:
(a) 
Where prosecuted pursuant to the Penal Law, by a fine of not less than $25, except that:
[1] 
Where the person was found to have violated this section of this chapter within the preceding five years, the fine may be not less than $50; and
[2] 
Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both; or
(b) 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that:
[1] 
When the person was found to have violated this section or this article within the preceding five years, the civil penalty may be not less than $50; and
[2] 
Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.
(3) 
A defendant charged with a violation of any provision of this section or any local law or ordinance promulgated pursuant thereto may plead guilty to the charge in open court.
(a) 
He or she may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement:
[1] 
That he or she waives arraignment in open court and the aid of counsel;
[2] 
That he or she pleads guilty to the offense charged;
[3] 
That he or she elects and requests that the charge be disposed of and the fine or penalty fixed by the court;
[4] 
Of any explanation that he or she desires to make concerning the offense charged; and
[5] 
That he or she makes all statements under penalty of perjury.
(b) 
Thereupon, the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court; provided, however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full.
(c) 
If upon receipt of the aforesaid statement the magistrate shall deny the same, he or she shall thereupon notify the defendant of this fact, and that he or she is required to appear before said magistrate at a stated time and place to answer the charge which shall thereafter be disposed or pursuant to the applicable provisions of law.
(4) 
Any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to § 117-a of this article,[8] and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation punishable by a fine of not less than $250 where prosecuted pursuant to the Penal Law, or, where prosecuted as an action to recover a civil penalty of not more than $250.
[8]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 117-a.
[6]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 118.
[Amended 12-28-1992 by L.L. No. 4-1992]
A. 
The Dog Control Officer or any of his duly authorized assistants and the duly authorized agents of any person or corporation enforcing the Agriculture and Markets Law and the Public Health Law relating to dogs shall seize any unlicensed dog either on or off the owner's premises. This will not apply to a dog under the age of six months which is not at large.
B. 
Any Dog Control Officer or such representative shall seize any dog found at large not wearing a license.
C. 
The fact that a dog is without a tag attached to a collar as provided by law shall be presumptive evidence that the dog is unlicensed.
[Amended 6-9-1980]
Every dog seized as provided in § 135-10 shall be dealt with pursuant to § 118 of the Agriculture and Markets Law of the State of New York,[1] which provides for the seizure and redemption of dogs so seized.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 117.
A. 
An Animal Control Board is hereby established, which shall consist of the Mayor as the Chairman and two members, one of whom shall be a member of the Common Council and the other a member of the Humane Society of the City. The Board shall establish its own rules of procedure.
B. 
The purpose and function of such Board shall be for the purpose of better coordinating the efforts and facilities of the City and the Humane Society of the City with regard to control of dogs. Such Board may make recommendations in an effort to bring about a better understanding of the matters which relate to dog control.
The Mayor, with the approval of the Common Council, may enter into such agreement or agreements with the Humane Society of the City pertaining to dog control and care within the City as may be deemed advisable. This provision, however, shall not limit the City in any way in enforcing dog control by its own employees or appointees.
[Added 6-9-1980]
Pursuant to the provisions of § 119 of the Agriculture and Markets Law of the State of New York,[1] owning or harboring a dog within the City of Hornell, New York, unless the dog is licensed as required by the provisions of the Agriculture and Markets Law, shall be an offense punishable by a fine as further provided in § 119 of the Agriculture and Markets Law.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 118.
[Added 6-9-1980]
A. 
The animal enforcement officer or any peace officer shall seize any dog which is found at large within the City of Hornell in violation of this article, as well as any dog or dogs otherwise violating any of the provisions of this article or any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York, pursuant to § 119 of the Agriculture and Markets Law.[1] Any dog which is not identified shall be seized, whether on or off the owner's property, excepting dogs under the age of six months on the owner's property.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, §§ 117 and 118.
B. 
Each dog seized which is not identified, whether or not licensed, shall be held for a period of five days from the day seized.
C. 
Where a dog is identified, the record owner will be promptly 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 the 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.
D. 
Whether the dog seized is identified or not identified, the owner may redeem his dog by producing to the person seizing the dog a license for the dog and by paying to the City Clerk the fees provided in Chapter 142, Fees.
[Amended 12-28-1992 by L.L. No. 4-1992]
E. 
If not so redeemed, the owner shall forfeit all title to the dog seized at the end of the appropriate redemption period and the dog shall be sold or euthanized pursuant to the provisions of Part 77 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York. (Methods of euthanization approved by the American Veterinary Association shall be used.) In the case of sale, the purchaser must pay the purchase price to the City Clerk or the animal enforcement officer.
F. 
In addition, no dog shall be sold and delivered by adoption unless is has first been licensed prior to its release to the purchaser.
G. 
Pursuant to provisions of § 118 of the Agriculture and Markets Law,[2] no liability in damages or otherwise shall be incurred on account of seizure, euthanization of adoption of any dog pursuant to the provisions of this article.
[2]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 117.
[Added 6-9-1980]
A. 
The City of Hornell elects to prosecute as an action to recover a civil penalty for any violations noted in the provisions of § 119 of the Agriculture and Markets Law of the State of New York[1] and any violations of any additional restrictions upon the keeping or running at large of dogs and the seizure thereof as established by the City of Hornell pursuant to § 124 of the Agriculture and Markets Law of the State of New York.[2]
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 118.
[2]
Editor’s Note: Agriculture and Markets Law, Art. 7, was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now Art. 7, § 122.
B. 
The City also authorizes the issuance of an appearance ticket pursuant to the Criminal Procedure Law for any violation referred to in Subsection A of this section. Said appearance ticket may be issued by any animal enforcement officer, dog control officer or peace officer authorized by the City of Hornell to assist in the enforcement of this article for any such violation.
C. 
An answer to such appearance ticket may be made, by registered mail or certified mail, return receipt requested, within five days of any violation, following the procedure provided in Subsections C and D of this section. Said answer will be in lieu of a personal appearance at the time and court specified on the return date on said appearance ticket.
D. 
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form authorized by the municipal regulations and forward such form and appearance ticket to the office specified on such appearance ticket with a check or money order in the amount of $100; except that when the person was found to have violated this article within the preceding five years, said check or money order shall be in the amount of $150; and except that where the person was found to have committed two or more such violations within the preceding five years, the amount of the check or money order shall be in the amount of $250.
E. 
If a person charged with the violation denies any or all parts of the violation as charged in the appearance ticket, he may complete an appropriate form and appearance ticket together with security in the amount of $15 specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of such return date, and the security shall be returned upon appearance thereof. If such person shall fail to appear at a return date when such is provided for pursuant to this section, the security posted to secure the appearance shall be forfeited, and a summons shall be issued in the City Court of the City of Hornell or a warrant of arrest will be issued pursuant to the Criminal Procedure Law.
F. 
Any person found guilty of any violation of any of the provisions of this article shall be punished by a fine of not more than $25; except that when the person was found to have violated this article within the preceding five years, the penalty may not be for more than $50; and where the person was found to have committed two or more such violations within the preceding five years, the penalty may not be for more than $100.