City of Buffalo, NY Article IV Control of Dogs

[Derived from Art. XXI of Ch. VII of the Charter and Ordinances, 1974]

§ 78-16 Legislative authority; enforcement.

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.

§ 78-17 Definitions.

The definitions set forth in § 78-22 of Article V shall also apply to this article.

§ 78-18 Running at large; special events.

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.

(2) For the purposes of this Subsection B, a "special event" includes all entertainments, exhibitions or performances described in Chapter 75 and other events on municipal property which require a permit or permission of the City of Buffalo or the Buffalo Board of Education.

(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.

(4) If ownership cannot be proven pursuant to Subsection C(3) above, then the City of Buffalo Animal Shelter shall follow the procedures set forth by the City of Buffalo regarding an abandoned dog.

§ 78-19 Restraint on premises.

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.

§ 78-19.1 Restrictions on keeping dogs.

[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.

F. Any violations of this section shall be punishable pursuant to Chapter 137.

§ 78-20 Noise.

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.

§ 78-21 Penalties for offenses.

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.