[Derived from Art. XXI of Ch. VII of the Charter and Ordinances,
1974]
A.
This article is adopted pursuant to § 124 of Article 7 of the Agriculture and Markets Law and contains additional restrictions on the keeping of dogs within the City of Buffalo.
B.
It shall be the duty of the dog control officers of the City to issue a summons or notice of violation, in the form provided in Article V of this chapter, to any person violating a provision of this article. Allegations of violation of this article shall be adjudicated in the Parking Violations Bureau of the City of Buffalo.
A.
Each owner of a dog shall restrain such dog so as to prevent it from
leaving the premises of such owner. A dog may, however, be taken off
the premises of its owner when securely held in leash. The owner of
a dog shall be held liable for a violation of this subsection whenever
any unlicensed dog is found at large. The owner of record shall be
held liable for a violation of this subsection whenever any licensed
dog is found at large.
B.
Special events.
(1)
Notwithstanding Subsection A, no person shall bring a dog, either leashed or unleashed, to a special event held on municipal property. The owner of the dog or the owner of record shall be held liable for a violation of this subsection.
(3)
For the purposes of this subsection, "municipal property" means all
property owned by the City of Buffalo or the Buffalo Board of Education,
including but not limited to parks, playgrounds and public streets.
C.
Mandatory spaying or neutering for impounded or seized dogs. Any
dog impounded or seized, whether licensed or unlicensed, shall be
subject to mandatory spaying or neutering pursuant to this section
as follows:
[Added 11-30-2004, effective 12-10-2004]
(1)
All dogs, four months or older, impounded or seized from a property
in the City of Buffalo, and housed at the City of Buffalo Animal Shelter,
must be spayed or neutered before they are returned to their owners
or purchased through the adoption program.
[Amended 2-22-2005, effective 3-7-2005]
(2)
The owner of any dog spayed or neutered pursuant to this section
shall be responsible for the cost of said spaying or neutering.
(3)
Acceptable proof of ownership for release of any dog pursuant to
this section includes one of the following: a New York State dog license,
veterinarian/medical records, pet store proof of dog purchase and/or
County rabies clinic certificate.
Each owner of a dog which is kept on the premises, unless such
dog is in his or her immediate custody, shall keep it muzzled, securely
fastened or otherwise restrained in such manner as to prevent such
dog from biting any person lawfully entering upon or leaving such
premises.
[Added 7-17-1990, effective 7-30-1990; amended 6-14-2005, effective 6-24-2005]
A.
No owner of a dog shall keep or harbor a dog in an unclean or unsanitary
manner.
B.
No owner of a dog shall fail to provide adequate food, water or space
for such dog. "Adequate" shall mean sufficient for the age and size
of each dog on the premises, per veterinary standards.
C.
It shall be the duty of every dog owner or person having possession,
custody or control of a dog to remove any feces left by said dog on
any property within the corporate boundaries of the City of Buffalo
and deposit the feces in a sealed container lawfully used for the
disposal of refuse. The provisions of this section shall not apply
to a dog owner or person who is disabled as defined in Agriculture
and Markets Law § 108 and who has possession, custody or
control of a guide dog, hearing dog or service dog as defined in Agriculture
and Markets Law § 108.
D.
The maximum allowable number of dogs on a premises that is classified
as a single- or double-family residence or any commercial property
shall be three for the entire premises. Any premises harboring more
than three dogs over the age of four months is classified and defined
as a kennel.
E.
For premises that are classified as multiple dwellings, those properties
containing three or more units, the maximum allowable number of dogs
on the premises shall be one per household.
Each owner of a dog shall prevent such dog from disturbing the
comfort and repose of any person in the vicinity by frequent or long-continued
barking, howling or other noise. In determining whether a particular
sequence of noises constitutes a violation of this section, other
relevant factors, in addition to frequency and duration, shall be
considered, including but not limited to time of day, general noise
level of the neighborhood and proximity to residential units. A summons
may be issued for a violation of this section only upon the personal
knowledge and observation of a dog control officer.
The penalty for a violation of any provision of this article
shall be a fine of $15 for a first violation, $25 for a second violation
and $50 for a third or subsequent violation.