City of Cortland, NY Dogs

Without justification attacks a person, companion animal, farm animal, or domestic animal, as defined in this section, and causes serious physical injury or death; or

Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or

NEW YORK STATE AGRICULTURE AND MARKETS LAW

Without justification attacks a guide dog, hearing dog, service dog, working search dog, war dog, detection dog, police work dog, or therapy dog and causes serious physical injury or death.

"Dangerous dog" does not include a police work dog while being used to assist one or more law enforcement officers in the performance of their official duties.

DETECTION DOG

Any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.

DOG

Any member of the species Canis familiaris.

DOG CONTROL OFFICER

Any individual appointed by the City to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the City to assist in the enforcement of this article.

DOMESTIC ANIMAL

Any domesticated sheep, horse, cattle, fallow deer, red deer, Sika deer, whitetail deer which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article.

FARM ANIMAL

Any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in the New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur-bearing animals shall not include dogs or cats.

GUIDE DOG

Any dog that is trained to aid a person who is blind and is actually used for such purpose or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose.

HARBOR

To provide food or shelter to any dog.

HEARING DOG

Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose.

IDENTIFICATION TAG

A tag issued by the City or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate.

IDENTIFIED DOG

Any dog carrying an identification tag.

MUNICIPALITY

Any county, city, town or village.

The Agriculture and Markets Law of the State of New York in effect as of the effective date of January 1, 2011, and as amended thereafter.

OWNER

Any person who harbors or keeps any dog. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought, or comes within the City. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event any dog found to be in violation of this article shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violations of this article.

OWNER OF RECORD

The person purchasing the license or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older.

PERSON

Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.

POLICE WORK DOG

Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.

RECOGNIZED REGISTRY ASSOCIATION

Any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as may be required of any registry association by the Commissioner of Agriculture.

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.

THERAPY DOG

Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.

UNALTERED

Refers to any dog that is not spayed or neutered.

WAR DOG

Any dog which has been honorably discharged from the United States Armed Services.

WORKING SEARCH DOG

Any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the Department; provided, however, that such services provided by said dog shall be performed without charge or fee.

§ 74-18 Licensing.

The City Clerk of Cortland is solely authorized to issue licenses for the City. The pound, shelter or Dog Control Officer is not authorized under this article to issue dog licenses for dogs redeemed or adopted.

Application for original license.

The owner of any dog reaching the age of four months shall immediately make application to the City Clerk for a dog license, on a form provided by the City Clerk. No license shall be required for any dog which is under the age of four months and which is not at large, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association.

In the case of a dog being redeemed or a dog being adopted from a shelter or pound, the City Clerk and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the City and the shelter or pound.

Rabies vaccination required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or, because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. In the case of a dog being redeemed or adopted from a shelter, copies shall be forwarded to the City Clerk. Such records shall be kept on file by the City Clerk and shall be made available upon request for rabies and other animal disease control efforts.

Spay/neuter certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian, stating that they have examined such dog and found such dog to be altered. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection F of this section.

Expiration of license. An original license shall be issued for a period of one year and shall expire on the last day of the month of the period for which it is issued.

Application for renewal license.

License renewal forms shall be mailed by the City Clerk.

A new rabies certificate shall be required if the one on file has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be kept on file by the City Clerk.

A spay/neuter certificate shall not be required if one is already on file with the City Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the City Clerk in order to receive the reduced fee for an altered dog. Such certificate shall be kept on file by the City Clerk.

The renewal shall expire on the last day of the month in the same month that it was originally issued.

(5)

Renewing early or late shall not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the City Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waved when accommodating such a request.

(6)

Upon renewal, the City Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration.

License fees.

All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Common Council.[1] The total fee for an unaltered dog shall be at least $5 more than the total fee for an altered dog.

[1]

Editor's Note: Current fees are on file in the City Clerk's office.

All revenue derived from such fees shall be the sole property of the City and shall be used only for controlling dogs and enforcing this article and Article 7 of the New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and public humane education programs in responsible dog ownership.

No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license.

In addition to the fees set by the Common Council, an assessment of $3 for each unaltered dog and $1 for each altered dog shall be charged for the purpose of carrying out animal population control efforts as mandated by Article 7 of the New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of the New York State Agriculture and Markets Law.

Exemptions from license fees.

Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the City Clerk.

Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from the assessment mandates of Article 7 of the New York State Agriculture and Markets Law.

Appropriate documentation for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog must be presented to the City Clerk for an exemption to a license fee.

Identification of dogs.

When a dog is originally licensed, a City of Cortland identification number will be assigned, and an identification tag shall be issued which shall be worn by the dog at all times. The tag issued by the City will identify the City of Cortland, the identification number, the State of New York, and contact information, including the telephone number of the municipality and such other information as the City deems appropriate.

Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a City of Cortland identification number, and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipal tag shall be surrendered to the City Clerk, and the City of Cortland tag shall be worn by the dog at all times.

A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show.

No identification tag shall be affixed to the collar of any dog other than the dog to which it was assigned.

(5)

Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag issued by the City. Such tag shall be a different color, shape and imprint than the City identification tag and may be provided by the City at the expense of the owner.

(6)

Lost tags shall be replaced at the expense of the owner, at a fee set by the Common Council. Such replaced tags will contain the same information as required by Subsection H(1).

Change of address. When there is a change of address for the owner of record, the owner shall notify the City Clerk within 10 days of such change. If the address is still within the City, the City Clerk will make the appropriate updates to the dog license record. If the address is located outside the City, the City Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in their municipality.

Change of ownership. In the event of a change in the ownership of any dog licensed in the City, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the City Clerk of the change of ownership within 10 days of such change. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.

Lost, stolen or deceased dogs. If any dog which has been licensed in the City is lost, stolen or deceased, the owner of record shall notify the City Clerk within 10 days of the discovery of such loss, theft or death.

Lists of licensed dog owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes.

§ 74-19 Enumeration.

Should an enumeration be conducted within the City of Cortland and should a dog be identified as unlicensed during such enumeration, an additional fee shall be charged. The fee shall be the property of the City and shall be used to pay the expenses incurred by the City in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the City in conducting the enumeration in any year, such excess fees may be used by the City for enforcing licensing, identification and control of dogs; for spaying and neutering of animals; and for offsetting costs associated with licensing, identification and control of dogs and replacement of identification tags. The additional fee may be established by resolution of the Common Council.

§ 74-20 Prohibited acts.

It shall be unlawful for:

Any owner to allow any dog to run at large.

Any owner to fail to restrain any dog by an adequate collar and leash, unless it is accompanied by its owner or a responsible person able to control it by command, when not on the property of the owner.

Any owner to allow any dog to engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog.

Any owner to allow any dog to cause damage or destruction to property or to defecate, urinate, dig or otherwise commit a nuisance, other than on the property of the owner of such dog.

(5)

Any owner to allow any dog to chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.

(6)

Any owner to allow any dog to chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device.

(7)

Any owner to fail to license any dog at the age of four months or older, or allow any dog to be unlicensed due to failure to renew a dog license.

(8)

Any owner to fail to have any dog identified by a valid and current City dog license and identification tag.

(9)

Any person to knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog.

(10)

Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article or Article 7 of the New York State Agriculture and Markets Law.

(11)

Any person to furnish any false or misleading information on any license or form required by the City, the City's Dog Control Officer, or any shelter or pound servicing the City.

(12)

Any owner to fail to notify the City Clerk of any change of ownership, change of address, death or loss of any dog licensed in the City.

(13)

Animal harboring: the keeping of more than three dogs, or more than four cats, or any number of horses, cattle, pigeons, fowl, reptiles, sheep, goats, pigs, or other domestic or wild animals, or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet stores. Nothing in this chapter shall prohibit the possession of rabbits, gerbils, guinea pigs, hamsters, or fish in a private residence, providing such animals are at all times kept within the residence.

[Added 12-17-2019 by L.L. No. 8-2019]

Establishment of the fact or facts that a dog has committed any of the acts prohibited by this article shall be presumptive evidence against the owner of such dog that they have failed to properly confine, leash or control their dog.

§ 74-21 Conditions for keeping dogs.

All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this section, "adequate" shall mean sufficient for age, size and number of dogs on the premises and for prevailing weather conditions.

§ 74-22 Female dogs.

All female dogs, while in season (heat), shall be confined to the premises of their owner and may not be left outside unattended. Any owner not adhering to this section shall be subject to having the dog seized by the City's Dog Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee.

§ 74-23 Liability of owner.

If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog(s), the owner of said domestic, farm or companion animal shall be liable for damage. The owner of such injured or killed animal may make a complaint to the City's Dog Control Officer or a police officer who shall proceed pursuant to the "dangerous dogs" section of Article 7 of the New York State Agriculture and Markets Law.[1]

[1]

Editor's Note: See § 123, Dangerous dogs, of said Agriculture and Markets Law.

In no event shall the City of Cortland or the County of Cortland be held liable for any damage done by any dog(s).

§ 74-23.1 Dangerous dogs.

The determination of a dangerous dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of the New York State Agriculture and Markets Law.

In the event that a dog is determined by the Cortland City Court to be a dangerous dog, the Court shall give written notice to the City Clerk of such determination. The City Clerk will make note within such dog's record, if applicable.

§ 74-23.2 Enforcement; appearance tickets.

Any Dog Control Officer or other person or persons who are or may be lawfully authorized by the City shall, and all peace officers may, administer and enforce the provisions of this article, and for such purpose shall have the authority to issue appearance tickets.

§ 74-23.3 Seizure; impoundment; redemption; adoption.

Any dog belonging to a person found in violation of any of the provisions of this article may be seized pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law.

Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized and impounded.

Any dog may be seized and impounded which has been judged to be a dangerous dog pursuant to Article 7 of the New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said dangerous dog.

Every dog impounded shall be properly cared for, sheltered, fed and watered for the duration of said seizure, impoundment, redemption and/or adoption.

Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this article and shall pay an impoundment fee to the City Clerk.

The owner of such dog seized and impounded shall pay to the City Clerk the following impoundment fees:

For the first impoundment of such dog owned by that person: $25 for the first 24 hours or part thereof and an additional $5 for each 24 hours or part thereof;

For the second impoundment within one year of the first impoundment of such dog owned by that person: $50 for the first 24 hours or part thereof and an additional $5 for each 24 hours or part thereof; or

For the third and subsequent impoundments within one year of the first impoundment of such dog owned by that person: $75 for the first 24 hours or part thereof and an additional $5 for each 24 hours or part thereof.

In the case of an identified dog, the owner of record shall be promptly notified, by the City's Dog Control Officer, of the seizure and the procedure for redemption by personally serving such owner or a member of the family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be adopted or destroyed pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law unless redeemed within the period herein provided.

Any owner of a dog seized and impounded may redeem the dog within five days (12 days if the dog bears a license tag) by paying to the City Clerk the impoundment fee.

If not redeemed, the owner of a dog seized and impounded shall forfeit all title to the dog, and the dog shall be sold or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law. In the case of sale, the purchaser shall pay the purchase price of said dog to the shelter where the dog is seized and impounded and must also obtain a license for the dog.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by this section.

The seizure of any dog shall not relieve any person from any violation of this article or Article 7 of the New York State Agriculture and Markets Law.

The owner of any City dog seized and impounded which is also unlicensed shall pay to the City Clerk the fee for being unlicensed.

§ 74-23.4 Complaints.

Any City-designated Dog Control Officer or agency having reasonable cause to believe that a violation of this article has been committed in their presence shall issue and serve upon such person an appearance ticket for such violation.

Any person who observes a dog in violation of this article may file a complaint, under oath, with a City-designated Dog Control Officer or agency, specifying the nature of the violation, the date thereof, a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.

Upon receipt by the City-designated Dog Control Officer or agency of any such complaint, that Officer or agency shall issue an appearance ticket, to the alleged owner of the dog, to appear before the Cortland City Court at a date and time specified by such Court.

§ 74-23.5 Penalties for offenses.

[Amended 10-1-2013 by L.L. No. 4-2014]

A plea or conviction of a violation of this article shall be prosecuted, pursuant to the Penal Law, by a fine of not less than $25, except that:

Where a person is found to have violated this article or any prior City of Cortland Dog Law, the fine may be not less than $25 and not more than $50; and