Article II Dogs

Without justification attacks a person or domestic animal, as defined in this chapter, and causes 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 or domestic animal, or without justification attacks a working dog and causes physical injury or death.

The term "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.

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.

HARBOR

To provide food or shelter to any dog.

IDENTIFICATION TAG

A tag issued by the City of Ithaca 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.

OWNER

If the dog is licensed, the owner is considered the person who purchased the dog license or in whose name the dog was last licensed. If a dog is not licensed, the term "owner" shall designate and cover any person who has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the City limits. 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 violation of this article.

PERSON

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

UNALTERED

Any dog that is not spayed or neutered.

WORKING DOG

Any dog that is trained as a guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog as defined by Article 7 of the New York State Agriculture and Markets Law.

§ 164-7 Prohibited acts.

Except as otherwise set forth in this section, any owner of a dog or any other person who harbors any dog in the City of Ithaca shall be in violation of this article if such dog:

Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog.

Engages in unreasonable howling and/or barking or other noise, audible beyond the property line of the property where the dog is harbored, that disturbs or annoys any person of reasonable sensitivities other than the person owning or harboring such dog. Unreasonable howling or barking or other noise shall include, but not be limited to, the following:

(a)

Howling, barking or other noise made by a dog and continuing for more than three cumulative minutes in any sixty-minute period; or

(b)

Howling, barking or other noise made by a dog which is determined to be unreasonable, taking into account the following factors:

[1]

The proximity of the noise to residential property.

[2]

The time of the day or night when the noise occurs.

[3]

The time duration of the noise.

[4]

Whether the noise is repetitive.

[5]

The volume of the noise.

[6]

The existence of complaints concerning the noise from persons living or working in the vicinity of the noise and who are affected by it.

[7]

Malicious provocation resulting from such activity as trespass, vandalism or badgering.

Causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog) or otherwise commits a nuisance on public or private property other than on the property of the person owning or harboring such dog. This provision shall not apply for a service animal for people with disabilities in performance of its trained duties.

Chases or otherwise harasses any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury when not on the property of the person owning or harboring such dog.

§ 164-11 Minor owner; responsibility of head of household.

Chases, leaps on or otherwise harasses:

(a)

Any bicycle, motorcycle, automobile or any other vehicle or device used by persons for travel or as a conveyance or any riders or occupants thereof.

(b)

Any cat, dog, or domestic animal.

(6)

Is unlicensed when four months of age or older or unlicensed due to failure to renew a dog license.

(7)

Is not wearing a current and valid dog license identification tag while at large, whether or not restrained by an adequate collar and leash.

(8)

Is not redeemed within five days after the owner has been notified, either personally or by mail, that said dog has been seized and impounded pursuant to the Agriculture and Markets Law § 118.

(9)

Harasses, attacks, annoys or otherwise interferes with a service animal for people with disabilities which provides assistance for mobility and other major life functions to people with disabilities.

Exemption. Effective as of January 1, 2009, Subsection A(1) above shall not apply to owners whose dogs are off leash in the fenced portion of the area owned by the City (and managed by New York State pursuant to an agreement between the City and the state) and known as the "Festival Lands," which lands are adjacent to Allan H. Treman State Marine Park and which are shown as Parcel B on a survey map of Cass Park dated August 15, 2001, by T.G. Miller, PC (which fenced area subject to this exemption may extend onto immediately adjacent state parklands), provided that such owners are in compliance with all rules and regulations duly established for such off-leash area.

§ 164-8 Enforcement.

All peace officers in the City, the Tompkins County Society for the Prevention of Cruelty to Animals and its employees, pursuant to contract with the City, and all employees of any Dog Control Officer appointed by the Common Council shall administer and enforce the provisions of this article and for such purpose shall have the authority to issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law. Appearance tickets may require payment by mail of a designated fine or appearance in Ithaca City Court and shall be in such form as may be prescribed by the Judge of the Ithaca City Court. In assessing penalty, the Judge of the Ithaca City Court may take into account the status, upon proper documentation or other supporting evidence, of an attacked animal as a service animal for people with disabilities which provides assistance in mobility, and other major life functions, to people with disabilities.

§ 164-9 Filing of complaints.

Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with the City Judge of the City of Ithaca, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.

§ 164-10 Appearance before City Judge.

Upon receipt by the City Judge of any complaint against the conduct of any particular dog, the City Judge may summon the alleged owner or other person harboring said dog to appear in person before him/her. If the summons is disregarded, the City Judge may permit the filing of an information and issue a warrant for the arrest of such person.

In the event that any dog found to be in violation of this article is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and responsible for the acts of said dog for purposes of this article.

§ 164-12 Presumption.

The fact that a dog is at large in the City of Ithaca elsewhere than on the premises of the owner or person harboring such dog or in the area described in § 164-7B above, shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog.

§ 164-13 Licensing.

All dogs being harbored in New York State are required to be licensed pursuant to Article 7 of the New York State Agriculture and Markets Law.

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's Office. 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 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 of Ithaca 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. Such certificate or affidavit shall not be required if the same is already on file with the clerk 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, or if 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 of all documentation shall be forwarded to the City Clerk. Such records shall be kept on file by the City Clerk and be made available upon request for rabies and other animal disease control efforts.

Spay/neuter certificates. In the case of an altered 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 he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog.

License. Upon receiving a complete application, the required documents and the fee, the City Clerk shall issue a license and identification tag.

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 was issued.

License renewal.

The City Clerk will mail the license renewal to the dog owner prior to the license's month of expiration.

A new rabies certificate shall be required if the one on record has either expired or will expire within 30 days of the date of renewal.

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.

Renewing licenses early or late will 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. Licensing fees will not be prorated, refunded, or waived when accommodating such a request.

Upon renewal, the City Clerk shall provide the owner with a validated license, which license is valid for a period of one year and which shall expire on the last day of the month of the period for which it was issued.

License fees.

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

All revenue derived from such fees shall be used for controlling dogs, enforcing this article and Article 7 of New York State Agriculture and Markets Law, and to subsidize education programs and the spaying or neutering of dogs.

License fees are not 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.

An additional fee of $5 shall be charged for all dogs that are identified as unlicensed during an enumeration. Such additional fee shall be used to pay the expenses incurred while conducting the enumeration.

An assessment of $3 for each unaltered dog and $1 for each altered dog shall be collected for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law. This assessment is included in the license fee determined by Common Council.

Identification of dogs.

When a dog is originally licensed, a City of Ithaca identification number will be assigned, and an identification tag shall be issued, which shall be worn by the dog at all times.

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

Working dogs shall be assigned a special tag for identifying the designation of such dog in addition to the City of Ithaca identification tag. Both tags shall be worn by the dog at all times.

Lost tags shall be replaced at the expense of the owner at a fee set by the City of Ithaca Common Council.

Change of address/change of ownership.

When there is a change of address for the owner of record, the owner shall notify the City Clerk's Office of such change.

In the event of a change in the ownership of any dog licensed in the City of Ithaca, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the City Clerk's Office of the change of ownership. 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.

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

Purebred licenses.

The owner of two or more purebred dogs registered by a nationally recognized registry association may make an application to the City Clerk for a purebred license in lieu of the individual licenses.

At the time of application, the City Clerk shall assign a purebred license identification number.

Application for a purebred license shall be on a form provided by the City Clerk and shall include rabies vaccination certification for every dog listed on the license. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required. All dogs over four months of age must be listed and included in the purebred license.

Purebred licenses shall be issued for one year and renewed annually.