City of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Canandaigua as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 494.
Parks and recreation areas — See Ch. 519.
Zoning — See Ch. 850.
[Adopted 10-16-1997 by Ord. No. 97-21 as Ch. 6.04 of the 1997 Municipal Code[1]]
[1]
Editor's Note: Prior amendments to this article include an ordinance adopted 9-26-1974 and Ord. No. 90-14, adopted 7-26-1990.
It is hereby declared that this article is adopted as a safeguard to the health of the inhabitants of the City, to prevent nuisances and generally to protect the health, welfare and well-being of the public.
[Amended 1-15-1998 by Ord. No. 97-029; 3-7-2013 by Ord. No. 2013-003]
A. 
It shall be unlawful, to harbor, house, keep, maintain, care for or stable any horse, mare, donkey, mule, cattle, sheep, swine, mink, rabbits, goats, poultry, or more than six cats per dwelling within the limits of the City without first having obtained and having in full force and effect a written permit therefor.
B. 
The limitation on the number of feral cats kept, held, or harbored shall not apply to caretakers of feral cat colonies that act pursuant to the guidelines and in accordance with the trap, neuter/spay, vaccinate, and return program of The Colony Caregivers [a 501(c)(3) corporation formed under the laws of the State of New York], if such colony has been registered with the City Manager. A colony is considered "registered" when an officer of The Colony Caregivers provides written notice (including e-mails) to the City Manager of the property location of an established feeding station. The registration of such colony in no way impedes the power and ability of the City to declare such colony a public nuisance.
Any person desiring to procure a permit under this article shall make application to the Clerk/Treasurer upon a form furnished by the City and grant to the City, its officers, servants, agents and employees, the right to enter in and upon the premises and place designated in said application for the purpose of making an inspection at any time.
[Amended 5-3-2007 by L.L. No. 1-2007]
Upon the filing of the application and the granting of the right of entry for inspection at any time, it shall be the duty of the Sanitation Inspector, or whoever the City Manager shall designate, to make an inspection of the premises and place for which the permit is requested and file his report and recommendation with the Clerk/Treasurer as to the approval or rejection of said application.
[Amended 5-3-2007 by L.L. No. 1-2007]
Upon the approval of said application by the Sanitation Inspector, the Clerk/Treasurer shall, upon the payment by applicant of a fee as set from time to time by resolution of the City Council, issue a permit good until revoked or otherwise terminated as hereinafter provided. No permit shall be assignable or transferable.
[Amended 5-3-2007 by L.L. No. 1-2007]
It shall also be the duty of the Sanitation Inspector, or whoever the City Manager shall designate, to make inspections from time to time and such other inspections as he may be directed by the City Manager of the premises and place for which permits have been issued to ascertain whether or not said premises or places are maintained in accordance with the provisions of this article.
It shall also be the Inspector's duty to report all violations of the provisions of this article and other provisions of the Code, the Public Health Law of the state, and the rules and regulations of all departments of the City, to the proper authorities.
[Amended 5-3-2007 by L.L. No. 1-2007]
The City Manager or the Sanitation Inspector shall have full power to revoke and cancel any permit issued hereunder for the holder's failure to comply with any of the provisions of this article and of any and all other provisions of this Code, ordinances, rules and regulations now existing or as may be hereafter enacted or promulgated in any manner affecting the health, comfort and welfare of the public and citizens of the City.
The premises and place where said horses, mares, donkeys, mules, cattle, sheep, swine, mink, rabbits, goats, cats in excess of six, or poultry are housed must be kept at all times in a clean, wholesome, sanitary condition and free from offensive odors. All accumulation or collection of manure and other refuse derived from the keeping of said animals, swine and fowl must be disposed of in a sanitary manner.
[Amended 5-3-2007 by L.L. No. 1-2007; 1-5-2009 by Ord. No. 2008-022; 3-7-2013 by Ord. No. 2013-003]
A. 
No owner of, or other person having the custody of, or who harbors (as defined in § 253-13), houses, keeps, maintains, or cares for any dog, cat, horse, cattle, sheep, swine, or other animal shall suffer or permit any of such animals to run at large on any property open to the public, or on any property not owned or leased by the owner, or without the property owner’s permission.
B. 
Subsection A above is specifically not applicable to caretakers of feral cat colonies that act pursuant to the guidelines and in accordance with the trap, neuter/spay, vaccinate, and return program of The Colony Caregivers [a 501(c)(3) corporation formed under the laws of the State of New York], if such colony has been registered with the City Manager. A colony is considered "registered" when an officer of The Colony Caregivers provides written notice (including e-mails) to the City Manager of the property location of an established feeding station. The registration of such colony in no way impedes the power and ability of the City to declare such colony a public nuisance.
[Amended 5-3-2007 by L.L. No. 1-2007]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days or by both such fine and imprisonment.
[Adopted 10-16-1997 by Ord. No. 97-21 as Ch. 6.08 of the 1997 Municipal Code]
[Amended 11-18-2010 by Ord. No. 2010-012[1]]
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, domestic animals and deer from dog attack and damage. This article is enacted pursuant to Article 7 of Agriculture and Markets Law.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2011.
[Amended 1-15-1998 by Ord. No. 97-030; 6-17-2004 by Ord. No. 2004-008]
As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public or is on property not owned or leased by the owner of the dog unless permission for such presence has been obtained or unless the dog has been confined to an enclosure, such as a cage or motor vehicle, in such a manner that the dog may not roam freely. No dog shall be deemed to be at large if it is: 1) a service dog actually assisting a disabled person; or 2) a police dog in use for police work.
[Amended 5-3-2007 by L.L. No. 1-2007]
COMPANION ANIMAL
Any dog or domestic cat and any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal.
[Amended 3-7-2013 by Ord. No. 2013-003]
DANGEROUS DOG
As defined in New York State Agriculture and Markets Law § 108, Subdivision 24(a).
[Amended 7-7-2005 by Ord. No. 2005-010]
DOG
Both male and female members of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the City or provided through a contract between the City and an incorporated humane society or similar incorporated dog protective association for the purpose of assisting the City with enforcement of this article.
FERAL CAT
Unsocialized cats that roam free with no indicative of individual ownership.
[Added 3-7-2013 by Ord. No. 2013-003]
HARBOR
To provide food or shelter to a companion animal or feral cat.
[Amended 3-7-2013 by Ord. No. 2013-003]
LEASHED or RESTRAINED BY A LEASH
Wearing a collar or harness to which is attached a leash not to exceed six feet in length or to a leash of the retractable lead type, both collar and harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
LICENSE TAG
A tag which sets forth an official identification number as required by the provisions of the Agriculture and Markets Law.
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors under 18 years of age shall be considered to be in the custody and control of the minor's parents or other head of household where the minor resides. Any person harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of the dog for the purposes of this article.
SERVICE DOG
Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
TETHER
Chaining, tying, leashing, or tethering a dog to any object.
[Amended 9-1-2005 by Ord. No. 2005-014]
[Amended 1-15-1998 by Ord. No. 97-030]
No person shall keep, harbor or otherwise maintain a dog within the City of Canandaigua except in conformance with the following conditions:
A. 
All dogs four months of age or older within the City of Canandaigua, unless otherwise exempted, shall be licensed by the City of Canandaigua. The owner of each dog required to be licensed shall obtain, complete, and return to the Office of the City Clerk/Treasurer 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 of Canandaigua and set forth in § 253-16. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life in which case vaccination shall not be required. Each license issued shall be valid for a period of one year and shall not be transferrable.
[Amended 11-18-2010 by Ord. No. 2010-012[1]]
(1) 
Exceptions.
(a) 
Any dog harbored within the City of Canandaigua, which is owned by a resident of New York City and licensed by New York City, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
(b) 
Dogs of any age which are held at a shelter pursuant to a contract or agreement with any county, city, town, village or duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association do not have to be licensed.
[1]
Editor’s Note: This ordinance provided an effective date of 1-1-2011.
B. 
Every dog, except while they are participating in a dog show, must wear a collar or harness with a license tag when outside their owner's property.
[Amended 11-18-2010 by Ord. No. 2010-012]
C. 
No dog shall be permitted to run at large within the City.
D. 
No dog shall be permitted to howl, bark or make objectionable sounds habitually or continuously so as to disturb the peace and quiet of other persons during the day or night.
E. 
No dog shall be permitted, even if leashed, to deposit waste on a sidewalk, street or other public property or on the private property of another person. It shall be the duty of each dog owner or person having possession, custody or control of the dog to remove any feces left by his or her dog on any sidewalk, street or other public property or on the private property of another person. This section shall not apply to the owner or person having possession, custody or control of a service dog or police dog.
[Amended 5-3-2007 by L.L. No. 1-2007]
F. 
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
G. 
The number of dogs per premises is restricted as follows:
(1) 
Single-family dwelling: three dogs. Persons living in any single-family dwelling premises may own up to three dogs more than four months of age as long as the total number of dogs at that premises does not exceed three.
(2) 
Two-family dwelling: three dogs. Persons living in any two-family dwelling may own two dogs more than four months of age as long as the total number of dogs at that premises does not exceed three.
(3) 
Multifamily dwelling: three dogs. Persons living in any multifamily dwelling may own one dog more than four months of age as long as the total number of dogs at that premises does not exceed three. Nothing in this section shall prevent a property owner from further restricting the number of dogs or from prohibiting dogs on their premises. Furthermore, while service dogs assisting the disabled shall be included in the number of dogs counted for these limits, they shall also be exempt from the limit if the limit has been reached.
[Amended 5-3-2007 by L.L. No. 1-2007]
H. 
Tethering of dogs. It is prohibited to restrain a dog or puppy by a chain or tether for more than eight hours in a twenty-four-hour period.
[Amended 9-1-2005 by Ord. No. 2005-014; 4-5-2018 by Ord. No. 2018-002]
(1) 
Any tethering system employed shall not allow the dog or puppy to leave the owner's property.
(2) 
Any tethered animal shall be arranged so that the tethering device cannot become tangled around trees, poles or other obstacles nor prevent the access to shade, food, water and shelter.
I. 
Permitting a dog or puppy to be outside for more than eight hours in a twenty-four-hour period is prohibited.
[Added 4-5-2018 by Ord. No. 2018-002[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections I through L as Subsections J through M, respectively.
J. 
No person shall own or harbor a dangerous dog unless such dog is at all times restrained and controlled so as to prevent the attack of or injury to any person or companion animal and so as to prevent such dog from putting any person in fear of immediate bodily harm, provided that such person or companion animal is peacefully conducting himself in a place where he may lawfully be.
[Amended 7-7-2005 by Ord. No. 2005-010]
K. 
No owner of a dangerous dog shall fail to confine or destroy such dog as required by an order of the court.
[Added 7-7-2005 by Ord. No. 2005-010]
L. 
A dog labeled dangerous due to an attack on a person (as opposed to an animal) must be confined in a fully enclosed pen constructed with chain link fencing or its equivalent, which must first be approved by an authorized Dog Control Officer of the Ontario County Humane Society. When not confined and on public property the dangerous dog must be restrained by a leash controlled by an adult of at least 21 years of age and muzzled in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.
[Added 7-7-2005 by Ord. No. 2005-010]
M. 
An owner of a dangerous dog shall maintain liability insurance in the amount of $100,000 for personal injury or death resulting from an attack by such dangerous dog.
[Added 7-7-2005 by Ord. No. 2005-010]
[Amended 1-15-1998 by Ord. No. 97-030; 7-7-2005 by Ord. No. 2005-010; 9-1-2005 by Ord. No. 2005-014]
Any dog that is involved in an attack upon a person or companion animal, or is in violation of the restrictions set forth above, or is found at large may be seized by the Dog Control Officer or any other duly authorized officer or representative of the City and confined and impounded in the facility provided for by the City.
A. 
After any such seizure and impounding, the owner, if known, shall be notified thereof.
B. 
Every dog so seized shall be maintained, redeemed, sold, adopted, or destroyed in accordance with Article 7 of the Agriculture and Markets Law.
C. 
An action initiated under Agriculture and Markets Law § 123 for determination of a dangerous dog shall simultaneously commence an action under this article of the Canandaigua Municipal Code.
[Amended 11-18-2010 by Ord. No. 2010-012]
D. 
A court action for violation of any restriction set forth above may be initiated by the issuance of an appearance ticket or notice of hearing by the Dog Control Officer or any police officer.
[Amended 5-3-2007 by L.L. No. 1-2007]
[Amended 1-15-1998 by Ord. No. 97-030; 1-5-2004 by Ord. No. 2003-021; 6-17-2004 by Ord. No. 2004-008; 7-7-2005 by Ord. No. 2005-010]
A. 
The annual fee, surcharges and other fees for each dog license issued pursuant to Article 7 of the Agriculture and Markets Law of the State of New York shall be:
[Amended 11-18-2010 by Ord. No. 2010-012[1]]
(1) 
License.
(a) 
Annual fees.
[1] 
Each spayed or neutered dog (altered): $14;
[2] 
Each unspayed or unneutered dog (unaltered): $20.
(b) 
Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs.
(2) 
Annual surcharge. In addition to the license fee, each applicant for a dog license shall pay a surcharge which will be remitted to the Department of Agriculture and Markets for transmittal to the State Comptroller for deposit in the population control fund of:
(a) 
One dollar if the dog to be licensed is altered;
(b) 
Three dollars if the dog sought to be licensed is unaltered.
(3) 
Enumeration fee. In addition to the above fees, during a year when an enumeration of dogs is being conducted in the City of Canandaigua, the owner of any unlicensed dog shall pay a fee of $15. Such additional fee shall be used to pay the expenses incurred in conducting the enumeration and the cost of providing replacement identification tags.
(4) 
Replacement license tags. The cost of providing replacement identification tags shall be $3 per tag.
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2011.
B. 
Any violation of Subsections A through H of § 253-14 of this article shall be deemed a violation and upon conviction shall be punishable by a fine of:
[Amended 9-1-2005 by Ord. No. 2005-014]
(1) 
First offense: at least $25 and up to $75 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.
(2) 
Second offense within five years: at least $75 and up to $150 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.
(3) 
Third offense and each subsequent offense within 10 years: not less than $200 and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.
C. 
Any violation of Subsections I through L of § 253-14 of this article by an owner of any dangerous dog shall be deemed a violation for a first or second offense and, in addition to the penalties ascribed in Article 7, § 123, of the Agriculture and Markets Law, upon conviction shall be punishable by:
[Amended 9-1-2005 by Ord. No. 2005-014; 11-18-2010 by Ord. No. 2010-012]
(1) 
First offense: a fine of $400 per dog and imprisonment in the jail of Ontario County until said fine be paid, not exceeding three days.
(2) 
Second offense within five years: a fine of $800 per dog and imprisonment in the jail of Ontario County until said fine be paid, not exceeding 10 days.
D. 
Any violation of Subsections I through L of § 253-14 of this article regarding dangerous dogs, which is the third offense in 10 years for an owner of any dangerous dog, shall be deemed a misdemeanor and, in addition to the penalties ascribed in Article 7, § 123, of the Agriculture and Markets Law, upon conviction shall be punishable by a fine of $1,000 per dog or imprisonment in the jail of Ontario County until said fine be paid, not exceeding 90 days, and/or imprisonment in the jail of Ontario County for a term not exceeding 90 days.
[Amended 9-1-2005 by Ord. No. 2005-014; 11-18-2010 by Ord. No. 2010-012]
E. 
The owner of any dog impounded from the City of Canandaigua shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified and pays a fee of at least $25 for the first impoundment; a fee of at least $35 for a second impoundment within one year of the first impoundment, of any dog owned by that person, and a fee of at least $50 for a third and each subsequent impoundment within one year of the first impoundment, of any dog owned by that person. There shall also be an additional fee of $15 for each additional twenty-four-hour period that the dog remains in impound. The owner of a dog seized under this article shall be responsible for any and all other costs and fees associated with the confinement and/or disposal of said dog as set by the Ontario County Humane Society.
[Amended 11-18-2010 by Ord. No. 2010-012]
F. 
The City may, in addition or as an alternative remedy for any violation of this article, initiate a civil action or proceeding to recover from the owner the penalties provided herein, plus statutory fees and costs.