[Derived from Art. II of Ch. LXI of the Charter and Ordinances,
1974]
[Amended 6-14-2005, effective 6-24-2005]
The following terms and words, when used in this article, shall
have meaning and effect as follows:
Any member of the species canis familiaris.
Any person appointed by the City of Buffalo to assist in
the enforcement of the dog control laws of New York State and local
laws adopted pursuant thereto.
To provide food or shelter to any dog.
Any premises on which four or more dogs over four months
of age are kept.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant to Article 7 of the Agriculture and Markets Law, except that, if any license is issued on an application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to § 113 of Article 7 of the Agriculture and Markets Law, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
Includes any individual, corporation, partnership, association
or other organized group of persons or other legal entity.
Any house or building, along with its grounds.
The violation of any law or ordinance regulating the keeping
of dogs and their control within the City of Buffalo.
The Parking Violations Bureau shall hear and administratively determine charges of violation of Article 7 of the Agriculture and Markets Law or of any ordinance adopted pursuant thereto relating to the licensing, identification and control of dogs. This additional jurisdiction is conferred by the local law adopted pursuant to Chapter 497 of the Laws of 1980.
The personnel of the Parking Violations Bureau shall have and
perform such additional duties as will ensure that violations adjudicated
pursuant to this article are heard and determined in the same manner
as charges of parking violations and that a person charged with any
such violation is afforded all the rights to a hearing, administrative
adjudication and judicial review which a person charged with a parking
violation has.
The Parking Violations Bureau shall have the following additional
functions, powers and duties:
A.
To accept pleas to and to hear and determine charges of violation of Article 7 of the Agriculture and Markets Law and local laws or ordinances adopted pursuant thereto.
B.
To provide for civil penalties, which shall not exceed the amounts set out in Article 7 of the Agriculture and Markets Law, for violations of the aforementioned dog control laws in accordance with a schedule of fines; provided, however, that such penalties shall become effective 45 days after the first Council meeting on which they appear on the agenda as an item of business, during which period the Council may disapprove them or modify them, in which latter case they shall become effective in their modified form.
C.
To adopt rules and regulations not inconsistent with any applicable
provision of law to carry out the purposes of the local law adopted
pursuant to Chapter 497 of the Session Laws of the State of New York
of 1980, being an act in relation to the adjudication of violations
relating to licensing, identification and control of dogs in the City
of Buffalo, including but not limited to rules and regulations prescribing
the internal procedures and organization of the Bureau, the manner
and time of entering pleas, the conduct of hearings and the amount
and manner of payment of penalties.
D.
To issue subpoenas to compel the attendance of persons to give testimony
at hearings and to compel the production of relevant books, papers
and other things.
E.
To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil acts
in any court of competent jurisdiction or any other place provided
for the entry of civil judgment within the State of New York.
F.
To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the Bureau and to furnish
such transcripts to the person charged at said person's own expense
upon timely request and upon said person complying with the regulations
of the Bureau.
G.
To remit to the City Treasurer, on or before the 15th day of each
month, all monetary penalties or fees received by the Bureau during
the prior calendar month, along with a statement thereof, and at the
same time to file duplicate copies of such statement with the City
Comptroller.
H.
To answer within a reasonable period of time all relevant and reasonable
inquiries made by a person charged with a dog control law violation
or his attorney concerning the notice of violation (summons) served
on that person. The Bureau must also furnish within a reasonable period
of time to the person charged, on his request and upon complying with
the regulations of the Bureau, a copy of the original notice of violation
(summons), including all information contained thereon. Failure of
the Bureau to comply with the provisions of this subsection within
75 days of such inquiry, forwarded to the Bureau by certified or registered
mail, return receipt requested, will result, upon the request of the
person charged, in an automatic dismissal of all charges relating
to and only to that notice of violation (summons) to which the inquiry
was made.
I.
To prepare and issue a notice of violation in blank to the dog control
officers in the Department of Street Sanitation and to any peace officers
authorized by the City to assist in the enforcement of this Article.
The notice of violation (summons) or duplicate thereof, when filled
in and sworn to or affirmed by such designated officers and served
as provided in this Article, shall constitute notice of the violation
charged.
A.
The notice of violation (summons) shall contain information advising
the person charged of the manner and the time in which he may plead
either guilty or not guilty to the violation alleged in the notice.
Such notice of violation (summons) shall also contain a warning to
advise the person charged that failure to plead in the manner and
time provided shall be deemed an admission of liability and that a
default judgment may be entered thereon. The form and wording of the
notice of violation (summons) shall be prescribed by the Director.
A duplicate of each notice of violations (summons) shall be served
on the person charged in the manner hereinafter provided. The original
or a facsimile thereof shall be filed and retained by the Bureau and
shall be deemed a record kept in the ordinary course of business and
shall be prima facie evidence of the facts contained therein.
B.
A notice of violation (summons) shall be served personally upon the
owner of a dog who is present at the time of service, and his name
and address, together with the description of the dog and its license
number, if any, shall be inserted therein. Any person of suitable
age and discretion may accept such notice of violation on behalf of
the owner upon properly identifying themselves, providing the name
and address of the owner and executing an affidavit acknowledging
personal liability to prosecution for any false or misleading statements
made in regard to the ownership of the dog. In such case, the name
and address of the alleged owner shall be entered on the notice of
violation (summons) along with the other required information. For
the purposes of this Article, any person having the temporary custody
of a dog with the express or implied permission of the owner shall
be deemed to be the agent of such owner to receive notice of violation
(summons), and service made on such person as herein provided shall
be deemed to be lawful service upon such owner.
C.
No dog seized for a violation may be released to any person unless
such person has accepted notice of the violation either as owner of
record or as agent of the owner of record and has complied with all
other applicable requirements of law.
[Amended 11-3-2004, effective 11-4-2004]
D.
Service of notice of violation by mail shall constitute valid service.
If service is made by mail, the extensions of time mandated by the
Agriculture and Markets Law shall apply. Service by mail shall be
addressed to the owner of record or the owner of the dog. When service
by mail is addressed to the owner of the dog, reasonable efforts shall
be made to ascertain the full name of such owner. If, after reasonable
effort, the name of the owner has not been ascertained, then notice
may be sent addressed to the "owner of the dog described herein,"
with a full description of such dog entered on the face of the notice
of violation.
[Amended 2-4-1992, effective 2-18-1992; 3-8-1994, effective 3-18-1994; 7-20-2004, effective 8-2-2004]
Penalties shall be as follows:
|
Offense
|
Initial Fine
|
Additional Penalty
|
Maximum Penalty
|
Total
| |
|---|---|---|---|---|---|
|
Class A
| |||||
|
Unlicensed dog
|
$25
|
$25
|
$60
|
$60
| |
|
Dog off premises without tag
|
$25
|
$25
|
$60
|
$60
| |
|
Knowingly affixing improper tag
|
$25
|
$25
|
$60
|
$60
| |
|
Furnishing false information on:
| |||||
|
License application
|
$25
|
$25
|
$60
|
$60
| |
|
Change and transfer report
|
$25
|
$25
|
$60
|
$60
| |
|
Noncompliance with dangerous dog order
|
$25
|
$25
|
$60
|
$60
| |
|
Noncompliance with night quarantine order
|
$25
|
$25
|
$60
|
$60
| |
|
Dog running at large
|
$25
|
$25
|
$60
|
$60
| |
|
Failure to:
| |||||
|
Present dog upon lawful request
|
$25
|
$25
|
$60
|
$60
| |
|
Restrain dog on premises
|
$25
|
$25
|
$60
|
$60
| |
|
Class B
| |||||
|
Failure to file notice of:
| |||||
|
Transfer of dog
|
$20
|
$20
|
$43
|
$53
| |
|
Loss or theft of dog
|
$20
|
$20
|
$43
|
$53
| |
|
Death of dog
|
$20
|
$20
|
$43
|
$53
| |
|
Address change
| |||||
|
Class C
| |||||
|
Creating nuisance of long- continued or frequent noise of dog
|
$25
|
$25
|
$50
|
$69
| |
|
Caused nuisance by improper keeping of dog (unwholesome condition)
|
$25
|
$25
|
$50
|
$69
| |
|
Dog in park or on parkway
|
$25
|
$25
|
$50
|
$69
| |
[Amended 11-3-2004, effective 11-4-2004]
B.
Upon the filing of a dangerous dog complaint in Buffalo City Court
regarding a dog seized by a dog control officer, the Buffalo Animal
Shelter may hold said dog in its custody pending the outcome of a
dangerous dog hearing pursuant to Agriculture and Markets Law § 121,
or determination by the Buffalo City Court regarding the dangerousness
of said dog.
C.
The Buffalo Animal Shelter may charge the owner of record a fee in
the amount of $11 per day, per dog held in custody pending the outcome
of a dangerous dog complaint and/or dangerous dog hearing by a Buffalo
City Court Judge.
