[Amended by Ord. No. 80-11, eff. 4-2-1980; Ord. No. 80-24, eff. 10-1-1980; Ord. No. 81-15, eff. 4-7-1981; 4-1-1987 by Ord. No. 87-7; 6-13-1987 by Ord. No. 87-15; 8-5-1987 by Ord. No. 87-22; 3-6-1996 by Ord. No.
96-1; 7-15-1997 by Ord. No. 97-7; 12-1-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2011.
When used in this article, unless otherwise expressly stated,
the following terms shall have the meanings indicated:
That the dog will respond to the command, order or signal
of the owner or other responsible person, and that the owner or other
responsible person shall at all times by his command, order or signal
prevent his dog from bothering, worrying, annoying, chasing or barking
at any person or animal.
Any dog of either sex and of any age unless otherwise indicated
herein.
The person appointed to assist in the enforcement of this
article.
Any person owning, harboring or keeping a dog within the
limits of the City and the parent, guardian or other adult person
with whom a minor dog owner resides.
To move about, over, across or upon any public or private
property, premises, street, alley or thoroughfare other than that
of the owner.
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.
All dogs in the City of Geneva, unless otherwise exempted by
New York State Agriculture and Markets law, must be licensed with
the City Clerk of the City of Geneva by the age of six months. The
owner of each dog required to be licensed shall, for new applications
and renewal applications, obtain, complete and return to the City
Clerk:
A.
The owner of any dog then six months of age on the effective date
of this section or older shall immediately make application for a
dog license. Said license shall be renewed after a period of one year,
but no greater than three years, beginning with the first day of the
month following the date of issuance and shall be renewable annually
or every three years thereafter prior to said expiration date.
B.
Application for a dog license shall be made to the City Clerk and
such application shall state the sex, actual or approximate age, breed,
color and official identification number of the dog and other identification
marks, if any, and the name, address, telephone number, county and
town, City or village of residence of the owner.
C.
The application shall be accompanied by the license fee and certificate
of rabies vaccination. In case of a spayed or neutered dog, every
application shall be accompanied by a certificate signed by a licensed
veterinarian or an affidavit signed by the owner, showing that the
dog has been spayed or neutered, provided such certificate or affidavit
shall not be required if the same is already on file with the Clerk
or authorized dog control officer.
D.
Upon validation by the Clerk or authorized dog control officer, the
application shall become a license for the dog described therein.
Once an application has been validated, no refund therefor shall be
made.
E.
No license shall be transferable.
The fees and surcharges for issuing dog licenses shall be fixed
by the City Council. Such fees and surcharges may from time to time
be changed as the City Council may determine. These fees and surcharges
may include:
A.
The license fee for a spayed or neutered dog;
B.
The license fee for an unspayed or an unneutered dog (such fee having
to exceed the fee for a license for a spayed or neutered dog by such
amount as mandated by the New York State Agriculture and Markets Law);
C.
In addition to the license fee authorized by this law and established
by the City Council of the City of Geneva, a surcharge if the dog
to be licensed is altered (Such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law.);
D.
In addition to the license fee authorized by this law and established
by the City Council of the City of Geneva, a surcharge if the dog
to be licensed is not altered (Such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law.);
E.
In addition to the license fee authorized by this law and established
by the City Council of the City of Geneva, a surcharge to recover
and defray the cost of an enumeration of dogs living within the City
of Geneva.
F.
There shall be no fee for any license issued for any guide dog, war
dog or police work dog.
A.
The owner of any dog shall not allow, suffer or permit his/her dog
to run at large within the City at any time except when such dog is
restrained by a leash and under the immediate and full control of
the owner or person in charge thereof. All dogs in the City of Geneva
are hereby required to be restrained by a leash while off the premises
of the owner of said dog; provided, however, that dogs are permitted
to be unleashed when on the premises of another person with such person's
consent. No person who owns, keeps, harbors or has the care, custody
or control of any dog in the City of Geneva shall permit such dog
to be unleashed or at large in the City except as permitted by this
chapter.
B.
No unspayed female dog in season shall be permitted to be outside
a building or a fenced enclosure.
No person being the owner or agent of any dog shall permit such
dog to commit any nuisance within the City or cause damage to the
person or property of others. The following are declared public nuisances
and are set forth herein for explanatory purposes only and are not
to be considered as excluding other types of nuisances:
A.
Engage in loud howling or habitual barking or to conduct itself in
such a manner so as to disturb the public peace.
B.
Habitually chase and/or bark at moving vehicles or persons on foot.
C.
Jumping upon any person or knocking any person over.
D.
Being found upon the schoolyard of any of the schools of the City
during the time of year when said schools are open between one hour
prior to commencement of the school day to one hour after end of the
school day.
E.
To run together in a pack or to in any way form a pack. For the purposes
of this article, the word "pack" is hereby defined to mean three or
more dogs.
F.
Causing damage to property of others.
G.
No dog shall be allowed at any time in any City-owned cemetery for
any purpose.
H.
It shall be the specific responsibility of the owner of a dog or
the person having control of a dog to clean the property of another
on which a dog owned by or in the control of them has defecated.
Each dog licensed pursuant to this article 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. 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.
A.
The Dog Warden, any peace officer of the City or designated representative of the Commission of Agriculture and Markets shall seize any dog which is found at large in violation of §§ 77-13 and 77-14, 77-15, 77-16 or 77-17 of this article or any other provision of Article 7 of the Agriculture and Markets Law.
B.
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 appropriate impoundment fees.
C.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
The owner may redeem such dog upon payment of the impoundment fees
and by producing proof that the dog has been licensed.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York shall be dealt with in accordance with Article 7
of the Agriculture and Markets Law.
Any Judge of the City Court of Geneva shall have jurisdiction
to hear all complaints under this article and of all actions and proceedings
hereunder and of all prosecutions for the violation of this article.
The position of Dog Warden is hereby created. Said Dog Warden
shall be appointed by the City Council and shall be removable at the
pleasure of the City Council. It shall be the duty of the Dog Warden
to enforce the provisions of this article, as well as the Agriculture
and Markets Law of the State of New York, with respect to dogs in
the City of Geneva, and to seize all dogs found at large in violation
of this article or which are ordered seized by a Judge of the City
Court of Geneva, and for the purposes of this article such a Dog Warden
is deemed to be a peace officer.
Any person who observes or has knowledge of a dog causing damage
to property of a person other than its owner, or violating any section
of this article, or permitting a nuisance upon the premises of a person
other than its owner, may file a signed complaint under oath with
the Dog Warden of the City of Geneva, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, the description
of the dog and the name of residence, if known, of the owner or other
person harboring said dog.
Upon receipt by the Dog Warden of any complaint against the
conduct of any particular dog for a violation of any provision of
this article, or in the event any dog is found by the Dog Warden of
the City of Geneva to be in violation of any provision of this article,
the Dog Warden may summon the alleged owner or other person harboring
said dog to appear before the Judge of the City Court of the City
of Geneva, said summons to be issued by the Dog Warden or other peace
officer of the City and to state the name and residence, if known,
of the owner or other person harboring said dog, the complainant,
the date and time of the alleged violation, the nature of the violation
and the time and place at which the owner of said dog is required
to appear in Court. If the summons is disregarded, the Dog Warden
may file an information with the Judge of the City Court of Geneva
and such Court shall then issue a warrant for the arrest of such person.
B.
It shall be a violation punishable as provided in Subsection C of this section for:
(1)
Any owner to fail to license any dog.
(2)
Any owner to fail to have any dog identified as required by this
chapter.
(3)
Any person to knowingly affix to any dog any false or improper identification
tag or purebred license tag.
(4)
Any person to fail to comply with any further provisions of the Agriculture
and Markets Law of the State of New York insofar as the same is applicable
to identification, licensing, rabies vaccination and euthanasia.
C.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed, within the City, any violation set forth in Subsection B of this section. Violation of Subsection B of this section shall be prosecuted pursuant to the Penal Law and shall be punishable by a fine of not more than $25 for the first offense, $50 for a second offense within five years and $100 or imprisonment for not more than 15 days, or both, for two or more violations within the preceding five years.
