As used in this article, the following terms
shall have the meanings indicated:
To provide food or shelter to any domesticated pets.
Any person who harbors or keeps any domesticated pets. In
the event that any such animal found in violation of this article
shall be owned by a person under 18 years of age, the owner shall
be deemed to be the parent, guardian or head of household of such
person.
A.
It shall be unlawful for any owner of any dog to permit
or allow such dog, in the City of Oneonta, to be at large. All dogs
shall be restrained upon a leash not over six feet in length while
off the owner's premises.
B.
It shall be unlawful for any owner of any dog to permit
or allow such dog, in the City of Oneonta, to engage in habitual and/or
continuous howling, barking or crying for an unreasonable length of
time to the annoyance of person other than the owner.
C.
Any person who is the owner, keeper, harborer, person
in charge of or person walking a dog within the City of Oneonta shall
immediately pick up any feces expelled by such dog on any property,
the owner of which has not given permission therefor, and deposit
them in a container lawfully used for the disposal of refuse. In no
event shall any feces be deposited in sewers or drains, whether storm
or sanitary.
D.
It shall be unlawful for any owner of any unneutered
or unspayed cat to permit or allow such cat to be at large within
the City of Oneonta. A violation of this section shall be deemed to
have occurred upon the impoundment of such a described cat or upon
investigation and determination by the Animal Control Officer (ACO)
of such a violation.
E.
It shall be unlawful for any owner of any ferret to
permit or allow such ferret to be at large within the City of Oneonta.
F.
It shall be unlawful for any person, other than the
owner or person with permission of the owner, to remove from any domesticated
pet within the City of Oneonta any collar, tag or other identification,
except when removal is necessary to ensure the immediate health and/or
safety of the animal.
G.
It shall be unlawful for any person to interfere with,
hinder, molest or abuse any Animal Control Officer, Health Officer
or other official in the performance of their duties under this article.
Any police officer, peace officer, when acting
pursuant to his/her special duties, Dog Control or Animal Control
Officer employed by or under contract to the City of Oneonta is hereby
authorized or empowered to enforce this article and to receive and
act upon citizen complaints in reference thereto.
A.
Any dog found in violation of the provisions of this
article may be seized pursuant to the provisions of Agriculture and
Markets Law.
B.
Any cat, ferret or other domesticated pet other than
a dog believed to be strayed from or abandoned by its owner, and thereby
at risk of death by starvation, predation, traffic or other hazard,
may be seized by City police officers or animal control officers.
If any such animal is seized by persons other than the above, such
person shall contact the City Animal Control Department immediately
or during the business hours immediately following such seizure to
report such "found" animal.
C.
The owner of any domesticated pet which has attacked
or injured a human being shall, upon demand, deliver the possession
of such animal to any officer authorized below to seize the same.
Failing such delivery, the Health Officer, County Public Health Official,
City Dog Control or Animal Control Officer and any police officer
of the City, or person authorized by the aforementioned, is hereby
authorized to seize such animal which is reported to have attacked
or injured a human being. Such animal may be confined for such length
of time as may be directed by the Health Officer or Public Health
Official for the purpose of determining whether such animal is affected
by rabies and, if so affected, may be humanely destroyed by the direction
of and in the manner prescribed by such authority. Such animals may
be released after a negative determination by the authorization of
the above officers, provided that the redemption conditions prescribed
in this article are met.
D.
The Health Officer, County Public Health Official,
City Dog Control or Animal Control Officer and any police officer
of the City, or person authorized by the aforementioned, is hereby
authorized to use any and all reasonable means necessary to seize
and impound any of the animals described below.
E.
Every animal seized shall be properly cared for, sheltered,
fed and watered for the duration of the redemption periods set forth
in this article and pursuant to the provisions of Agriculture and
Markets Law.
A.
Seized dogs may be redeemed by producing proof of
licensing pursuant to the provisions of Agriculture and Markets Law
and by paying the impoundment fees as set forth from time to time
by the Common Council of the City of Oneonta.
B.
Seized cats, ferrets and other domesticated pets may
be redeemed by producing sufficient proof of ownership, proof of compliance
with any state laws regarding the harboring of such animals, including
but not limited to proof of rabies vaccination if required, and by
paying impoundment fees as set forth from time to time by the Common
Council of the City of Oneonta.[1]
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter, for current fees.
C.
If the owner of any impounded dog, cat, ferret or
other domesticated pet be known, such owner shall be required to pay
the impoundment fees incurred, regardless of whether such owner chooses
to redeem his or her animal.
D.
Any animal unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of Agriculture and Markets Law.
[Amended 8-16-2016 by Ord. No. 5-2016]
It shall be the duty of each owner or person having custody of an animal within the City of Oneonta to conform to the provisions of this article, and any said owner or custodian of any animal seized pursuant to the provisions of this article shall be liable to the penalty imposed for a violation of this article as set forth in § 68-14. In addition to the foregoing, the owner or person having custody of an animal, whose animal has been seized or impounded within the City of Oneonta, will be subject to the following redemption periods and required to pay the City of Oneonta impoundment fees when the animal is reclaimed from the City facility.[1] Any and all fees incurred by the City of Oneonta will
be paid by the owner. Redemption periods shall be counted from the
day of impoundment, whether or not the animal shall be impounded in
a City facility, a shelter contracted with or by the City or any combination
thereof.
A.
Dogs. The redemption periods for dogs shall be as follows, with stipulations
as defined in the Agriculture and Markets Law:
B.
Cats.
(1)
Redemption periods for cats shall be no less than five days and shall
be counted from the day of impoundment, whether the cat is harbored
at the City facility, a shelter contracted with or used by the City
or a combination thereof.
(2)
Impoundment and boarding fees for cats reclaimed at the City facility
shall be determined by whether the cat is spayed or neutered, identified
and does or does not have a current rabies vaccination and shall be
as set from time to time by the Common Council of the City of Oneonta.[2]
[2]
Editor's Note: See Appendix A, included as an attachment to this chapter, for current fees.
C.
Ferrets and other domesticated pets. Redemption periods for ferrets
and other pets shall be no less than five days. Sufficient proof of
ownership and compliance with state and local laws must be shown to
the satisfaction of the Animal Control Officer. Redemption fees shall
be as set from time to time by the Common Council of the City of Oneonta.
D.
Other charges for all impounded animals.
(1)
Further, in addition to the foregoing, the owner or person having
custody of an animal whose animal was seized within the City of Oneonta
and impounded will be required to reimburse the City of Oneonta for
any disbursements made by the City for the humane care and treatment
of the animal, including but not limited to veterinarian's services
and any necessary treatment directed by the Health Officer or Public
Health Official.
(2)
Dogs and cats over three months of age will not be released without
proof of current rabies vaccination as long as the county declaration
is in effect. A fee will be added to any reclaim fees of any dog or
cat that requires a rabies vaccination prior to release.
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter, for current fees.
Consistent with New York State Agriculture and
Markets Law, local license fees shall be set from time to time by
the Common Council of the City of Oneonta, with no less than a five-dollar
differential between fees for neutered or unneutered dogs.[1] No such fee shall at any time be in excess of the maximum
fee authorized under New York State Law.
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter, for current fees.
A violation of this article shall be punishable as prescribed in § 1-18 of this Code.
