[Adopted 4-19-1978 by L.L. No. 1-1978]
It is recognized that the running at large of dogs and the lack
of proper control over dogs has resulted in damage to property and
has endangered the health, safety and general welfare of residents
of the City of Rensselaer, Rensselaer County, New York, and that the
health, safety and general welfare of the residents of the City of
Rensselaer, Rensselaer County, New York, will be promoted by legislation
at the City level prohibiting the running at large of dogs and otherwise
regulating the keeping of dogs within the confines of the City. It
is not the intent of this article to supersede Article 7 of the New
York State Agriculture and Markets Law. This Article is enacted under
the general powers of the City of Rensselaer, Rensselaer County, New
York, to enact local laws for the protection of the inhabitants of
said City and pursuant to §§ 114-a and 126 of the New
York State Agriculture and Markets Law.[1]
As used in this article, the following terms shall have the
meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
[Added 12-1-2010 by L.L. No. 3-2010]
The City of Rensselaer, Rensselaer County, New York.
The Clerk of the City of Rensselaer, New York, authorized
to issue dog licenses.
[Amended 12-1-2010 by L.L. No. 3-2010]
The Common Council of the City of Rensselaer, Rensselaer
County, New York.
Includes male and female.
[Amended 12-1-2010 by L.L. No. 3-2010]
Includes "dog license" and "dog tag."
[Amended 12-1-2010 by L.L. No. 3-2010]
Includes "dog warden" and "animal control officer."
[Amended 12-1-2010 by L.L. No. 3-2010]
Includes a person harboring or keeping a dog.
To be, or being, on premises other than premises owned or
occupied as a residence or business by the owner of the dog or a member
of such owner's family without the permission of the owner of
the property while not controlled by either a leash not exceeding
eight feet in length or by a responsible person capable of controlling
such dog, or to be, or being, on any public sidewalk, street, highway
or road while not controlled by either a leash not exceeding eight
feet in length or by a responsible person capable of controlling such
dog.
It shall be unlawful for any owner of any dog to permit such
dog, while in the City, to:
A.
Run at large.
B.
Chase or otherwise harass any person other than a trespasser.
C.
Habitually chase or bark at motor vehicles or bicycles.
D.
Habitually create any unreasonable loud or disturbing noise of such
an intensity and duration as to reasonably annoy any person.
E.
Cause damage to the property of any other person.
[Added 12-1-2010 by L.L. No. 3-2010]
A.
With the elimination of New York State Department of Agriculture
and Markets dog licensing function, as of January 1, 2011, it will
be the responsibility of the City of Rensselaer to conduct dog license
procedures. The City of Rensselaer is required to establish local
fees and policies prior to January 1, 2011.
B.
The City Clerk's Office will issue two different types of dog
licenses:
(1)
Regular licenses for altered and unaltered dogs; and
C.
Dog license requirements.
(1)
When
licensing a dog in the City of Rensselaer, the dog owner must provide
the following:
(a)
All dogs in the City of Rensselaer must be licensed with the
City Clerk at the age of four months and are required to present a
current certificate of rabies vaccination at the time of licensing
or the renewal of an existing license.
(b)
A certificate of spayed or neutered dogs from the humane society
or veterinarian.
(2)
All dog licenses will be for a period of one year, and licenses will
expire at the end of the month one year from the date of issue.
(3)
All dog licenses may be purchased and obtained at the Rensselaer
City Clerk's Office or by regular mail. When licensing or renewing
a license by mail, the appropriate fee must accompany the forms. Fees
are nonrefundable.
(4)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
(5)
Change of ownership; lost or stolen dogs.
(a)
Upon the transfer of ownership of any dog, the new owner shall
immediately make application for a license for such dog. The original
issued identification tag shall remain the same for the life of the
dog (if the tag is still with the dog) or a new tag will be issued.
(b)
In the event of a change in ownership of any dog which has been
assigned an official identification number or in the event of a change
of address of the owner of record of any such dog, the owner of record
shall, within 10 days of such change, notify the City Clerk's
Office.
(c)
If any dog which has been assigned an official identification
number is lost or stolen, the owner of record shall, within 10 days
of discovery of such loss or theft, notify the City Clerk's Office.
(d)
In case of a dog's death, the owner of record shall so
notify the City Clerk either prior to renewal of license or upon the
time of such renewal.
(6)
Fees. The City of Rensselaer may, by resolution, change any of the
fees if deemed necessary.
A.
The Dog Warden/Animal Control Officer or any police officer shall seize any dog found running at large within the City. Every dog so seized shall be properly fed and cared for at the expense of the City until disposition of such dog is made as provided in this section of this article. If the dog seized bears a license tag, the Dog Warden/Animal Control Officer or police officer seizing such dog shall ascertain the owner of the dog and shall give immediate notice of such seizure to such owner by personally serving such owner, or an adult member of such owner's family, with a written notice stating that the dog has been seized and will be destroyed as provided by § 118 of the New York State Agriculture and Markets Law. The owner of any dog impounded by the City of Rensselaer shall be entitled to redeem within five business days, provided that the owner produces proof the dog is licensed and pays all expenses for feeding, boarding, shots and any other medical expenses, incurred due to the seizure, as well as a fee of $20 for the first impoundment, with a fee of $3 for each additional twenty-four-hour period; a fee of $30 for the second impoundment; with a fee of $3 for each additional impoundment; and a fee of $40 for a third and each subsequent impoundment.
[Amended 12-1-2010 by L.L. No. 3-2010]
B.
The Common Council shall, from time to time, by appropriate resolution,
provide for the purchase price for dogs sold pursuant hereto or the
method by which such prices shall be arrived at.
C.
Any dog seized pursuant to this section of this article shall be
held for sale not less than five days nor more than 10 days after
the expiration of the period of redemption and, if not sold within
such time, shall be destroyed. The Dog Warden or other person so destroying
any such dog shall immediately dispose of the carcass thereof and
make and file a report thereof with the City Clerk. No action shall
be maintained to recover the possession or value of a dog or for damages
for injury or for compensation for destruction of a dog destroyed,
sold or otherwise disposed of pursuant to the provisions of this section
of this article.
D.
All fees and receipts collected pursuant to this section of this
article by the Dog Warden or any other representative of the City
other than the City Clerk shall be immediately paid over to the City
Clerk by such Dog Warden or other representative, and all moneys collected
pursuant to this section shall be added to the general funds of the
City.
E.
Notice of the seizure of a dog running at large who does not bear
a license tag may be given to the owner thereof, advising such owner
of the period of redemption. The failure to give such notice shall
not give cause to any action to recover the possession or value of
such dog or for damages for injury or for compensation for destruction
of such a dog seized, destroyed or otherwise disposed of in accordance
with the provisions of this article.
No person shall hinder, resist or oppose the Dog Warden, any
police officer or any agent or representative of the City in the performance
of his duties under this article.
[Amended 8-15-1990 by L.L. No. 4-1990]
Any violation of this article shall be an offense, and conviction
thereof shall be punishable by a fine of not more than $250 or 15
days' imprisonment, or both.
The City Court of the City of Rensselaer, Rensselaer County,
New York, 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. This section shall not be construed
so as to deprive any other court of jurisdiction if such court would
otherwise have jurisdiction.
This article shall supersede the ordinance of the City of Rensselaer,
Rensselaer County, New York, providing for certain regulations and
restrictions on the activities of dogs and owners of dogs adopted
by the Common Council of the City of Rensselaer, Rensselaer County,
New York,[1] and known as the "Dog Ordinance of the City of Rensselaer,"
and the same is repealed as of the effective date of this article.
Such repeal shall not affect any proceedings under such ordinance
pending as of the effective date of such repeal.
[1]
Editor's Note: This ordinance was adopted 4-17-1974.
This article shall be entitled "Local Law of the City of Rensselaer,
Rensselaer County, New York, Prohibiting the Running at Large of Dogs
and Otherwise Regulating the Keeping of Dogs." This article may be
cited accordingly. This article may also be cited as a local law of
the City of Rensselaer, Rensselaer County, New York, by year and number
of passage.
