This article shall be known as the "Dog Control
Ordinance."
For the purposes of this article, the following
definitions shall apply:
A person or persons appointed by the City for the purpose
of enforcing this article, and for the purposes of this article, such
animal control officer is deemed to be a peace officer.
[Amended 10-2-2003 by L.L. No. 4-2003]
A dog shall be deemed to be at large if it is elsewhere than
on the premises of the owner while not in the control of the owner
or the owner's agent and without the knowledge, consent or approval
of the owner of such lands.
[Amended 10-2-2003 by L.L. No. 4-2003]
Dog owner does not renew existing dog license on or before
the due date, or did not license dog at four months of age as required
by Article 7 of the Agriculture and Markets Law of New York State
§ 121.
[Added 7-8-2010 by Ord. No. 5]
Both male and female dogs, except where the context requires
otherwise.
A fenced-in area within a City-owned property designated
and approved for dog exercise where dogs are allowed off leash while
under the supervision of their owner(s). Owners are subject to all
New York State Agriculture and Markets Law and all municipal rules
and regulations that govern the ownership of such animal. Fencing
is to be installed to meet the standards of dog park fencing throughout
New York State, under the guidelines of the American Kennel Club.
[Added 8-6-2009 by Ord. No. 4]
That the dog is equipped with a collar or harness to which
is attached a leash, both collar or 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.
Includes any person who owns, keeps, harbors, or has the
care, custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of the minor's parents or other head
of the household where the minor resides.
[Amended 8-6-2009 by Ord. No. 4]
The purpose and intent of this article shall
be to preserve the public peace and good order of the City and to
contribute to the public welfare and the preservation and protection
of the property and the person of the inhabitants of the City by declaring
and enforcing certain regulations and restrictions on activities of
dogs and owners of dogs within the City. Further, it is the purpose
and intent of the Troy City Council to advance the promotion of dog
parks within City parks. Although the Code currently prohibits dogs
in City parks, many residents allow their dogs to run, unleashed,
in Troy City parks. This type of situation causes unsafe conditions
for dogs and humans alike.
[Amended 8-6-2009 by Ord. No. 4]
All dogs in the City are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises when on the premises of another person with such other person's consent, and no person who owns, keeps, harbors or has the care, custody or control of any dog in the City shall permit such dog to be at large or unleashed in the City except as permitted by this article. This section shall not apply to dogs that are within a dog park that has been designated a dog park area by § 124-22, entitled "Designated dog parks."
No person shall keep or harbor a dog which howls
or barks habitually or continuously so as to disturb the peace and
quiet of other persons.
Any female dog shall be confined to the premises
of the owner while such female dog is in season.
[Amended 9-3-1987; 3-3-1988; 7-1-1993; 12-5-2002 by Ord. No. 4; 1-2-2003 by Ord. No. 7; 10-2-2003 by L.L. No.
4-2003; 5-4-2006 by Ord. No. 1]
A.
Definition. As used in this section, "dangerous dogs"
shall mean and include:
(1)
Any dog with known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or animals; or
(2)
Any dog which attacks, threatens or endangers a human
being or animal without provocation; or
(3)
Any dog owned or harbored primarily or in part for
the purpose of dog fighting or any dog trained for dog fighting.
B.
Dangerous dogs.
(1)
No person owning or harboring or having the care or
custody of a dangerous dog shall suffer or permit such dog to go unconfined
on the remises of such person. Under this section a dangerous dog
is unconfined if such a dog is not securely confined indoors or confined
in a securely enclosed and locked pen or a dog run area upon the premises
of said person. Such pen or dog run area must also have either sides
six feet high or a secure top. If the pen or structure has no bottom
secured to the sides, the sides must be imbedded into the ground no
less than one foot.
(2)
No person owning or harboring or having the care of
a dangerous dog shall suffer or permit such dog to go beyond the premises
of such person unless such dog is securely muzzled and restrained
with a chain having a minimum tensile strength of 300 pounds and not
exceeding three feet in length.
(3)
No person shall own or harbor any dog for the purpose
of dog fighting, or train, torment, badger, bait or use any dog for
the purpose of causing or encouraging said dog to unprovoked attacks
upon human beings or domestic animals.
(4)
No person shall possess with the intent to sell, offer
for sale, breed or buy or attempt to buy within the City any dangerous
dog.
(5)
Any person owning, harboring, or having the care or
custody of a dangerous dog shall display a sign on his/her premises
warning that there is a dangerous dog on the premises. Said sign shall
be visible and capable of being read from the public right-of-way.
(6)
Any person owning, harboring or having care or custody
of a dangerous dog shall provide liability insurance in the amount
of at least $100,000 covering any damages or injury caused by such
dangerous dog.
(7)
Registration. The City Clerk or his/her designee shall require the
owner of a dangerous dog to register such dog with the City Clerk.
The application for such registration shall contain the name and address
of the owner, the breed, age, sex, color and any other identifying
marks of the dog, the location where the dog is kept if not the address
of the owner and any other information which the City Clerk or his/her
designee shall require. The application for registration pursuant
to this subsection shall be accompanied by a registration fee of $30.
Each dog registered pursuant hereto shall be assigned an official
registration number by the City Clerk. The certificate of registration
shall be of such form and design and shall contain such information
as the City Clerk shall prescribe and shall be issued to the owner
upon payment of the registration fee and presentment of sufficient
evidence that the owner has complied with all the orders of the City
Clerk as prescribed at the determination hearing.
[Amended 7-12-2018 by Ord. No. 42]
(8)
Any person owning, harboring or having care or custody of a dangerous
dog shall spay/neuter the dog, and have the dog microchipped, at the
owner's expense.
[Added 7-12-2018 by Ord.
No. 42]
C.
Enforcement. In the event a law enforcement officer has probable cause to believe that a dangerous dog is being harbored or cared for in violation of Subsection B, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog pending trial. In the event that a law enforcement officer has probable cause to believe that a dangerous dog is being harbored or housed in violation of Subsection B(2) and (3), the law enforcement officer may seize and impound the dangerous dog pending trial.
D.
Penalty.
(1)
Any person violating this section shall be punished
by a mandatory fine. Said fine shall be set at no less than $500 and
no more than $1,000 and/or a minimum of 30 days in jail. Each separate
offense shall constitute an additional violation.
(2)
Any dangerous dog which attacks a human being or animal
may be ordered destroyed.
[Amended 12-6-2018 by Ord. No. 129]
(3)
Any person found guilty of violating this section
shall pay:
(4)
Any person who is convicted under this section will
be permanently precluded, at the discretion of the Troy Police Department
and the Troy Animal Control Officer, from owning, possessing or harboring
any other dog within City limits. All violators shall be subject to
the penalties expressed in this section.
The owner of a dog shall not permit such dog,
even though leashed, to do any of the following acts:
A.
Enter public buildings, restaurants, stores or cemeteries,
except seeing eye dogs, hearing dogs, service dogs, war dogs or police
work dogs properly trained, when such dogs are actually being used
by persons for the purpose of aiding them;
[Amended 10-2-2003 by L.L. No. 4-2003]
B.
Damage or deface property not belonging to the owner
of the dog;
C.
Deposit waste or commit a nuisance on the private
property of a person or party other than that of the owner of the
dog.
A.
The Animal Control Officer or any peace officer is
hereby authorized to seize or direct the confinement of any dog which
is reported to have attacked or injured a human being. Any such dog
shall be confined by the owner for such length of time as may be necessary
for the purpose of determining whether such a dog is affected by rabies
and, if so affected, it may be destroyed.
B.
The owner of such a dog shall upon demand deliver
the possession of such dog to the Animal Control Officer, or any officer
authorized to seize the same, and shall upon demand pay to the City
the cost of confinement and treatment of the dog.
Any peace officer or the Animal Control Officer
of the City shall seize any dog found at large not wearing the license
tag required by Article 7 of the Agriculture and Markets Law of the
state.
[Amended 12-5-1991; 7-7-1994; 5-3-2001 by Ord. No. 7; 10-2-2003 by L.L. No. 4-2003; 7-8-2010 by Ord. No. 5]
Per Article 7 of the Agriculture and Markets Law of New York
State § 117 Seizure of dogs; redemption periods; impoundment
fees; adoption:
B.
After complaint and hearing, the police court judge of the City may direct any dog owner who is in violation of §§ 124-6, 124-7, 124-8. 124-9, 124-10 and 124-11 to dispose of the offending dog outside the City, or, if the dog is not in the custody of the City, to deliver the same to the Animal Control Officer for humane destruction.
C.
Every dog so seized shall be properly fed and cared
for at the expense of the City until disposition thereof, as herein
provided, and in accordance with the applicable provisions of the
Agriculture and Markets Law of the State of New York.
D.
If a dog is seized for a violation of § 124-6 only, and the dog is wearing a license tag, the animal control or police officer shall ascertain the owner of the dog and shall give immediate notice to the owner, or an adult member of his family, with a notice in writing stating that the dog has been seized and will be destroyed or offered for adoption unless redeemed as herein provided.
E.
Redemption fees. Any dog seized for any violation
of this chapter or Article 7 of the Agriculture and Markets Law may
be redeemed by the owner at the place of impoundment within seven
days for licensed dogs and five for unlicensed dogs by producing a
valid license, proof of ownership, court deposition if applicable
and paying the required redemption fees, impoundment fees, delinquency
fees, court fees and any other fees required.
(2)
Impoundment fee. Dog owners of seized dogs must pay an impoundment
fee, per Article 7 of the Agriculture and Markets Law of New York
State, § 117.
[Amended 7-12-2018 by Ord. No. 45]
(a)
For the first impoundment of any dog owned by that person: $50.
(b)
For the second impoundment within three years of the first impoundment
of any dog owned by that person: $100.
(c)
For the third and subsequent impoundment within three years
of the first impoundment of any dog owned by that person: $150.
(3)
Delinquency fee. If a dog is seized and the dog is not licensed or
the dog license has expired, there will be an additional fee of $50
at the time of licensing, per Article 7 of the Agriculture and Markets
Law of New York State, § 117.
[Amended 7-12-2018 by Ord. No. 45]
F.
Forfeiture of title; disposition of unredeemed dogs. If an owner is entitled to redeem a dog pursuant to Subsection E above, and if not so redeemed, the owner shall forfeit all title to the dog and the dog shall be sold, offered for adoption or caused to be destroyed. In the case of sale, the purchaser must pay the purchase price to the facility impounding the dog and, if the dog is not licensed, obtain a license for such dog.
G.
Transport fee. Dog owners of seized dogs must pay a transport fee
of $25 per dog to the City of Troy for the transfer of their dog to
the impoundment facility.
[Added 7-12-2018 by Ord.
No. 45]
The Judge of the Police Court of the City 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.
It shall be the duty of the Animal Control Officer
to enforce the provisions of this article and to seize all dogs found
at large in violation of this article or which are ordered seized
by a Judge of the Police Court of the City.
Any person who observes or has knowledge of
a dog causing damage or destruction to property of a person other
than its owner, or violating any section of this article, or committing
a nuisance upon the premises of a person other than its owner, may
file a signed complaint under oath with the Clerk's office of the
Police Court of the City, specifying the objectionable conduct of
the dog, the date thereof, the damage caused, a description of the
dog, and name and residence, if known, of the owner or other person
harboring such dog.
Upon receipt by the Clerk of the Police Court
of any complaint against the conduct of any particular dog, the Clerk
may summon the alleged owner or other person harboring such dog to
appear in person before him/her; if the summons is disregarded, the
Clerk may permit the filing of an information and issue a warrant
for the arrest of such person.
[Amended 9-3-1987; 12-5-2002 by Ord. No. 4; 1-2-2003 by Ord. No. 7; 10-7-2010 by Ord. No. 10]
Any person who violates or knowingly permits the violation of any section of this article, other than § 124-9, shall be deemed to have committed an offense against this article and subject to a mandatory fine of $100 or imprisonment for not more than 25 days. Each separate offense shall constitute a separate additional violation, subject to a mandatory fine of $100 plus an additional incremental fine of $50 for each separate additional violation. This section shall not apply to violations of § 124-9, which provides for penalties therein.
[Amended 4-20-1982; 6-7-1984; 10-7-2010 by Ord. No. 10]
With the elimination of New York State Agriculture and Markets dog licensing functions, as of January 1, 2011, it will be the responsibility of municipalities to conduct dog license procedures. Local governments are required to establish local fees and policies prior to January 1, 2011, via legislation. This ordinance amends Chapter 124, § 124-19 of the City Code to read as follows:
B.
Exemptions will be allowed for:
(1)
Guide or service dogs will be exempt from licensing fees as mandated
by § 110 of the New York State Agriculture and Markets Law.
(2)
Dog shows. Dogs will be exempt from wearing license tags during the
period of dog shows conducted within the City limits of Troy.
(3)
Senior citizens, living within the City limits of Troy, will pay
reduced licensing fees for their dog(s) as provided for below.
C.
In the absence of licensing fees formerly prescribed by New York
State Article 7 § 110 of the Agriculture and Markets Law,
the annual "local" fee for each dog license issued in the City of
Troy shall be:
(1)
For each spayed or neutered dog: $15 ($1 applied to New York State
Animal Population Control Fund surcharge).
(2)
For each unspayed or unneutered dog: $20 ($3 applied to New York
State Animal Population Control Fund surcharge).
(3)
Senior citizens: $7.50 ($1 for altered applied to New York State
Animal Population Control Fund surcharge and $3 for unaltered applied
to New York State Animal Population Control Fund surcharge).
D.
The City of Troy maintains the thirty-day licensing exemption for
out-of-state dogs.
E.
Dog license requirements. When licensing a dog in the City of Troy,
the dog owner must provide:
(1)
Proof of dog ownership, i.e., bill of sale from a licensed animal
company, or veterinary records documenting the owner's address;
(2)
Valid New York State driver's license or nondriver's license ID;
(3)
Proof of current rabies vaccination, per Article 7 of the Agriculture
and Markets Law of New York State, § 109, Subdivision 2.
[Amended 7-12-2018 by Ord. No. 44]
F.
The licensing municipality must provide dog control and shelter services
under the New York State Agriculture and Markets Law. All monies collected,
less the deduction for the New York State Animal Population Control
Fund as provided for above and related to dog licensing procedures,
will be placed in an account established for expenses incurred by
the City of Troy.
G.
All shelters and/or veterinary clinics under contract with the City
of Troy must:
(1)
Ensure a dog license has been issued by the Troy City Clerk's office
as of January 1, 2011, prior to such dog being released from their
facility into the City limits of Troy;
[Amended 7-6-2000 by Ord. No. 13]
The owner of a dog, whether said dog is tagged
or not tagged or licensed, shall be responsible for removing and cleaning
any waste or excrement deposited by said dog upon public or private
property not belonging to the owner of the dog. All such waste and
excrement shall be removed and cleaned by placement in a plastic or
metal bag or container and thereafter discarded in the same manner
as garbage and refuse are to be discarded. Said bag or container shall
be conspicuously displayed or carried in plain view at all times while
walking or exercising said dog. This section shall not apply to those
individuals considered legally blind.
[Added 12-5-2002 by Ord. No. 4; amended 1-2-2003 by Ord. No.
7]
A.
No person or persons shall own, harbor or keep more
than three dogs which are more than four months of age in any premises
containing three or fewer dwelling units, or more than one dog more
than four months of age in any dwelling unit in a premises containing
four or more dwelling units, except in pet shops, veterinary hospitals
and kennels established in accordance with the Zoning Ordinance.[1]
B.
This section shall not apply to dogs licensed before
December 31, 2002, and harbored at a single dwelling unit or premises;
provided, however, that this exemption shall apply only to such licensed
dogs and only so long as they remain properly licensed, and this exemption
shall not allow for replacement of or addition to any such dogs until
such time as the replacement or addition will not raise the total
number of dogs at a dwelling unit or premises to a number which is
in violation of this section.
C.
Nothing in this section shall prevent an owner from
further restricting the number of or prohibiting dogs on a premises.
[Added 8-6-2009 by Ord. No. 4; amended 2-7-2013 by Ord. No.
10]
The following are hereby designated as dog park areas:
|
Beman Park
|
|
Kinloch Park
|
|
Prospect Park
|
[Added 8-6-2009 by Ord. No. 4]
A.
Article 7 of the Agriculture and Markets Law, all those provisions
set forth in the Code of the City of Troy applicable to dogs and their
owners and those rules and regulations for dog parks established by
the Department of Parks and Recreation shall be enforced by the City
of Troy's Animal Control Officer and the Troy City Police Department.
B.
A sign entitled "Dog Park Rules," which sets forth those rules and
regulations established by the Department of Parks and Recreation,
shall be placed in a conspicuous place near the entrance of the dog
park.
