Article II Dogs

This article shall not apply to a dog owned by a nonresident while passing through the City nor to a dog brought into the City for a period not exceeding 30 days if entered in any exhibition in any dog show and confined and in the immediate charge of the exhibitor. A dog belonging to a nonresident and detained under this article may be redeemed without penalty upon satisfactory proof furnished to a dog control officer of the nonresidency of the owner.

This article shall not apply to dogs actually confined to the premises of incorporated societies devoted to the care or hospital treatment of lost, strayed or homeless animals or confined to the premises of public or private hospitals devoted to the treatment of animals or confined for the purposes of research to the premises of colleges or other educational or research institutions.

Sec. 2-5-29 Appointment of dog control officers.

All existing laws of the City, insofar as they may be inconsistent with the provisions of this article, are deemed not to apply.

The Mayor or his designee shall appoint dog control officers as needed pursuant to the appropriate statutes of the state.

Sec. 2-5-30 Enforcement.

It shall be the duty of dog control officers as well as of the police and all other peace officers within the City to enforce the appropriate provisions of this article as well as of the Agriculture and Markets Law with respect to dogs in the City. The dog control officers, police officers or other peace officers shall seize any dog found to be in violation of any portion of this article as well as any dog otherwise required to be seized under and by virtue of the Agriculture and Markets Law.

All complaints concerning alleged violations of this article shall be communicated to a dog control officer. Complaints shall be investigated, and the dog control officer shall, in the appropriate case, proceed with civil or criminal enforcement of this article or any other provision of the law pertaining to this article.

Sec. 2-5-31 Use of fees.

Any fees required under this article received by the City Clerk or dog control officer shall be paid to the City Comptroller and shall be used for the expenses of executing and enforcing this article.

Sec. 2-5-32 Complaints.

Any person who observes or has knowledge of a dog causing damage to property of a person other than its owner or violating any section of this article or permitting a nuisance upon the premises of a person other than its owner may file a signed complaint under oath with the dog control officer, specifying the objectional conduct of the dog, and the name or residence, if known, of the owner or other person harboring the dog.

Sec. 2-5-33 Seizure of unlicensed, untagged dogs; redemption.

Upon receipt of any complaint against the conduct of any particular dog for a violation of any provision of this article or if any dog is found by the dog control officer to be in violation of any provision of this article, the dog control officer may summon the alleged owner or other person harboring the dog to appear before the Judge of the City Court.

(Note: Agriculture and Markets Law, § 122 and enforced pursuant to the provisions set forth therein and Section 2-5-35.)

It shall be lawful for any person to detain and deliver to a dog control officer any dog not tagged or leashed, as provided by this article, if found at large in any street, highway, land, alley or public place in the City at any time.

Sec. 2-5-34 Redemption of seized dogs. [1]

The redemption and disposition of a seized dog shall be in conformance with and pursuant to the provisions of the Agriculture and Markets Law, both as to licensed and unlicensed dogs.

Every dog seized shall be properly sheltered, watered, fed and cared for at the expense of the City until disposition thereof can be made as provided in this section. The redemption of a seized doe shall be in conformance with and pursuant to Agriculture and Markets Law, § 117 and Section 2-5-35 as to licensed and unlicensed dogs.

Upon the redemption of a seized dog, the owner of the dog shall pay to the City Clerk the following impoundment fees:

For the first impoundment, the owner of any impounded dog shall pay $35 for the first 24 hours or part thereof and $20 for any additional 24 hours or part thereof.

For the second impoundment within one year of the first impoundment, the owner of any impounded dog shall pay $75 for the first 24 hours or part thereof and $20 for each additional 24 hours or part thereof.

For the third and subsequent impoundments within one year of the first impoundment, the owner of any impounded dog shall pay $150 for the first 24 hours or part thereof and $20 for each additional 24 hours or part thereof.

The owner of a dog seized not bearing a valid state or municipal dog identification tag shall redeem the dog within three days of seizure. The owner of a dog bearing a valid state or municipal dog identification tag shall redeem the dog within seven days of said owner being notified of the seizure. Redemption may be made by paying to the City Clerk the impoundment fees and producing proof of licensing of the dog. The impoundment fee for the first impoundment shall be $35 and a fee of $20 for each additional twenty-four-hour period; a fee of $75 for the second impoundment and a fee of $20 for each additional twenty-four-hour period; a fee of $150 for a third and each subsequent impoundment and a fee of $20 for each additional twenty-four-hour period. The progressive impoundment fees shall be levied against any person who owns any dog which is seized pursuant to this section. No distinction shall be made if subsequent dogs impounded are different from previously impounded dogs owned by the same person. In addition to the redemption costs, the owner of an unlicensed dog shall be required to purchase a municipal dog license (with appropriate paperwork) for the dog prior to obtaining its release.

If the dog is not redeemed within the time periods set forth by law and the dog is sold or destroyed, the owner at the time of seizure shall pay the cost of seizure and impoundment fees to and including the day of sale or destruction.

Editor's Note: See Agriculture and Markets Law, § 117.

Sec. 2-5-35 License required; fee. [1]

Any person owning or harboring a dog four months of age or older within the City shall annually cause such dog to be licensed for one year by the City Clerk. The owner of each dog required to be licensed shall obtain, complete and return to the City Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the City. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required. A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance and shall be renewed annually thereafter prior to the expiration date. The City Clerk shall receive for such service the local license fees as set forth in Section 2-5-35. The owner shall cause such dog to wear around its neck a collar, which shall include a tag distinctly marked with a registration number to be furnished by the City Clerk, and which shall be recorded in the office of the City Clerk.

The annual fee for each dog license issued by the City Clerk shall be as follows:

Fifteen dollars for each spayed or neutered dog.

Twenty-five dollars for each unspayed or unneutered dog.

Any violation of Subsection (a) of this section shall be an offense which may be prosecuted in the City Court. The penalty for owning or harboring an unlicensed dog in the City shall be as provided in Agriculture and Markets Law § 118. This penalty shall be exclusive of those set forth in Section 2-5-35, the latter penalty provisions not to apply to unlicensed dog violations. All fines collected for any offense pursuant to this section shall be the property of the City of Utica and shall only be used for doe control purposes, funding low-cost spay/neuter programs and subsidizing humane education programs.

Any dog harbored within the City of Utica which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this code.

The City of Utica authorizes Stevens-Swan Humane Society of Oneida County, Inc., at the time of the adoption of a dog from the Stevens-Swan Humane Society of Oneida County, Inc., provided that such application is made in accordance with Section 2-5-35 of this Code and the license fee, any additional fee and surcharge shall be remitted to the City Clerk of the City of Utica on or before the third day of the month following the month in which the license fee and additional fee and surcharge is received. All dogs shall be licensed prior to release from Stevens-Swan Humane Society of Oneida County, Inc.

(f)

Once an application for a dog license has been issued, no refund therefor shall be made.

(g)

If dog owner fails to renew yearly dog license the City Clerk can charge for up to two years in back renewal fees.

Editor's Note: See Agriculture and Markets Law, § 107, Application; § 109, Licensing of dogs required; rabies vaccination required; and § 119, Disposition of fines.

Sec. 2-5-36 Running at large.

No person owning, keeping, harboring or having the care, custody or control of any dog shall permit the dog to be at large in the City unless the dog is under leash not exceeding eight feet in length, other than when on the premises of the person or upon the premises of another with the knowledge, consent and approval of the owner of the premises. No dog shall be tied within 25 feet of any public thoroughfare.

The fact that a dog is at large in the City, other than on the premises of the owner, shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person having custody and control of the dog.

Sec. 2-5-37 Miscellaneous prohibitions.

No dog, whether leashed or unleashed, shall be in any grocery or commercial establishment which sells food for human consumption or in any cemetery, except Seeing-Eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

It shall be unlawful for any person owning, possessing, harboring or having the care, charge, control or custody of any dog to allow the dog to deposit waste or fecal matter deposited by the dog upon any street, sidewalk, park or upon any other public property or upon any private property without the consent of the owner or tenant of the private property.

It shall be unlawful for any person owning, possessing, harboring or having the care, charge, control or custody of any dog to permit the dog to destroy or damage property of any kind or to permit the dog to commit a nuisance on public or private property.

No person who owns a dog shall permit the premises, structures or enclosures in which the dog is kept to be unclean or unsanitary.

No female dog in season shall be permitted to be outside a building or a fenced enclosure.

Sec. 2-5-38 Vicious dogs.

Definitions. In this section:

DOMESTIC ANIMAL

A dog other than a vicious dog.

LAW ENFORCEMENT AGENT

A dog control officer, peace officer acting pursuant to special duties or police officer.

OWNER

Any person having a possessory or property right in a dog or who harbors, cares for, exercises control over or knowingly permits any dog to remain on premises owned or occupied by the owner. If the owner or keeper of the vicious dog is a minor, the parent or guardian of that minor shall be responsible for compliance with the provisions of this section.

VICIOUS DOG

A dog meeting any of the following criteria:

Any dog with a known propensity, tendency or disposition to attack unprovoked or to cause injury to or otherwise endanger the safety of human beings or domestic animals. The propensity to be vicious shall be known if the owner has any notice that the dog has, on any occasion, inflicted bites or attacked a human being or other animal, either on public or private property, or, in a vicious or terrorizing manner, approached any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places or when the person is lawfully on private property.

Any dog which attacks a human being or domestic animal without provocation.

Any dog owned or harbored primarily or in part for the purposes of dogfighting or any dog trained in dogfighting.

Any dog that would be a dangerous dog pursuant to § 121 of the Agriculture and Markets Law.

"Vicious dog" does not include a dog that bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it.

Provisions supplemental to state law. The provisions of this section shall not supersede, but rather shall be supplementary to the provisions of law contained in Article 7 (§ 106 et seq.) of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation.

Enforcement. If a law enforcement agent or citizen has probable cause to believe that a vicious dog is being harbored or cared for in violation of this section, the law enforcement agent or citizen may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog pending trial. If a law enforcement agent has probable cause to believe that a vicious dog is being harbored or housed in violation of Subsection (f) or (g) and presents a clear and present danger to persons or domestic animals, the law enforcement agent may seize and impound the vicious dog immediately and shall, within 48 hours, seek court order of impoundment.

Liability of owner. If any vicious dog causes injury to a person or domestic animal or damage to property while out of or within the enclosure of the owner of the dog or while off the property of the owner, whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without the fault of the owner, the owner shall be liable to the person aggrieved by the injury for all damages sustained, to be recovered in a civil action. It shall be presumed as a matter of law that the owning, keeping or harboring of a vicious dog in violation of this section is a nuisance.

Penalty. Any person who violates this section shall be guilty of a misdemeanor and, in addition to the penalty imposed in Section 2-1-7, shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog pursuant to this section and such other expenses as may be required for the destruction of the dog.

(f)

Confinement. No person owning or harboring or having the can of a vicious dog shall suffer or permit the dog to go unconfined on the premises of the person. A vicious dog is unconfined if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of the person. The pen or dog run area shall be of such design and construction to prevent the entry by young children and to prevent the animal from escaping. As a minimum, the pen or dog run area shall either have sides six feet high or a secured 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. The structure must be constructed of chain-link fencing or other material of such strength and construction that the dog cannot chew through or break out of the enclosure. Any gates or entrances to the structure must be of similar construction and be securely locked. The area of enclosure shall be no less than 225 square feet with no less than 15 feet per side.

(g)

Muzzling and restraint when off premises. No person owning or harboring or having the care of the vicious dog shall suffer or permit the dog to go beyond the premises of the person unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.

(h)

Safeguards. Any person owning, possessing or harboring a vicious dog shall, at all times, exercise due care in safeguarding the public from attack by the animal.

(i)

Tattoos. The owner shall, at the owner's expense, have the licensing number assigned to the dog or such other number as the licensing authority shall determine tattooed upon the vicious dog by a licensed veterinarian or person trained as a tattooist and authorized as such by the appropriate state, city or town authority. The dog control officer may, in the officer's discretion, designate the particular location of the tattoo.

(j)

Warning signs. The owner shall display a sign on the premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or street. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.

(k)

Dogfighting; training to attack. No person shall own or harbor any dog for the purpose of dogfighting or shall train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

(l)

Selling, breeding or buying. No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy within the City any vicious dog.

(m)

Destruction of dog. Any vicious dog may be ordered destroyed when, in the court's judgment, the vicious dog represents a continuing threat of serious harm to human beings or other domestic animals. In making the determination, the court should consider the owner's conduct in complying with the provisions of this section.

Sec. 2-5-39 License fee exemptions. [1]

Exempt from payment of the license fee are applications submitted for police dog, war dog, guide dog, work dog, hearing dog and service dog.

Editor's Note: See Agriculture and Markets Law, § 110, License fees.

Sec. 2-5-40 Change of ownership; lost or stolen dog. [1]

In the event of a change in the ownership of any dog which has been licensed pursuant to this article, or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the municipality in which the dog is licensed a written report of such change. Such owner of record shall be liable for any violation of 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 pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft file with the City Clerk in which the dog is licensed a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article committed after such report is filed.

In the case of a dog's death, the owner of record shall so notify the City Clerk prior to renewal of license or upon the time of such renewal as set forth by the municipality in which the dog is licensed.

Sec. 2-5-41 through § 2-5-54. (Reserved)

Editor's Note: See Agriculture and Markets Law, § 112, Change of ownership; lost or stolen dog; and § 118, Violations.

Sec. 2-5-55 Protection of dogs.

[Added 7-11-2018 by Ord. No. 91]

Findings.

Often referred to as "man's best friend," dogs are companions, valued for the animals' loyal behavioral traits and ability to be kept in close proximity to people in domestic situations. Some dogs are left outdoors without means to protect themselves. These animals are exposed and vulnerable to changing weather conditions. By way of example, dangerous conditions include: temperatures at extreme ends of the spectrum, subzero wind chills, sun, thunderstorms, and high humidity. No dog should be left outside, tethered and exposed to the weather for prolonged periods when the temperature falls below the freezing point of water. With temperatures below the freezing point, a dog may experience harm and damage to its skin, causing pain. Similarly, dogs left outside, tethered and exposed for prolonged periods when the temperature rises to greater than 90° Fahrenheit are believed likely to experience heatstroke or other bodily harm.

Consistent with Municipal Home Rule Law and, this section provides for the health and well-being of dogs in the City of Utica by regulating the manner in which dogs may be kept outdoors. This section is intended to provide greater protection for tethered dogs than found within New York State Agriculture and Markets Law §§ 353-b and 353 at the time of adoption. Humane treatment of dogs not only provides these animals with a better quality of life, but may also reduce the likelihood of dogs having harmful behaviors towards other animals. It is believed that most dogs tethered outside for prolonged periods do not have adequate protection.

Specifically excluded from coverage under this section shall be those dogs who are used as working dogs or hunting dogs, as it is believed that the risks of harm to such dogs is not present in the same way.

Prohibition. No person who owns or has custody or control of a dog shall knowingly leave such dog tethered outdoors for longer than a period of two continuous hours at such time as when either 1) the actual air temperature is lower than 32° Fahrenheit (not accounting for wind chill), 2) the actual air temperature is greater than 90° Fahrenheit (not accounting for humidity levels), or 3) during such period of time as extreme weather conditions exist, where any such condition in 1), 2), or 3) above is actually known to such person or reasonably should have been known to such person. Actual harm or injury need not be shown to prove a violation of the prohibition in this subsection.

Rebuttable presumptions.

Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to be affecting the region in which the dog was left outdoors and during such time as the dog was left outdoors.

A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperature was lower than 32° Fahrenheit.

A dog exhibiting signs of heatstroke shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperature was greater than 90° Fahrenheit.

Exceptions. This section shall not apply to:

Working dogs;

Hunting dogs;

Dogs on a leash or other restraint under direct supervision or control of persons actively engaged in recreational activities, including walking, jogging, or running; and

Dogs required to be tethered under an applicable law, rule, regulation, or court order.

EXTREME WEATHER CONDITIONS

Definitions. For purposes of this section, the terms listed below have specific definitions, as follows:

Includes inclement weather, being weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or extreme heat and cold, and otherwise consistent with the provisions of New York State Agriculture and Markets Law § 353-b(1)(b), as may be amended from time to time.

HUNTING DOG

Any dog that is trained to aid in taking of wildlife and is actually or has been used for such purposes, consistent with applicable law or regulation, including Environmental Conservation Law § 11-0923, and local permits.

OUTDOORS

A location outside a permanent structure capable of habitation or occupancy by people during an extreme weather event or period of time with temperatures falling below 32° Fahrenheit or greater than 90° Fahrenheit (depending on the applicable weather conditions), such as a house, apartment building, or office building. Examples of nonsuitable outdoor structures include, without limitation, wire cages and noninsulated structures, including those made of plastic (e.g., calf hutch).

TETHER

Includes the actions of leashing, fastening, securing, chaining, tying, or otherwise restraining a dog to any stationary object outdoors.

WEATHER ALERT

A broadcast of the National Weather Service regarding one of the following weather-related events, reasonably construed to be affecting the region in which the dog was left outdoors: blizzard warning, severe thunderstorm (watch or warning), severe weather statement, tornado (watch or warning), winter storm (watch or warning).

WORKING DOG

Any dog that is trained to herd and/or protect livestock, control bird and/or wildlife populations, or otherwise is actually or has been used in connection with farming or agricultural purposes.

Enforcement, penalties and registration obligations.

Enforcement officers. This section shall be enforced by the City of Utica Dog Control Officers, City of Utica police officers, Oneida County Sheriffs Office, or designee, and may also be enforced by any police officer, local dog control officer, peace officers, animal control officer, New York State Police, having jurisdiction within Oneida County, or any other officers as may be designated by the Common Council via ordinance from time to time (where any such officer shall be an "enforcement officer"). Such enforcement officers shall have the authority to enforce the provisions of this section and to take such necessary and related enforcement actions, including, without limitation, accepting, recording, and investigating complaints, issuing appearance tickets, obtaining supporting depositions, and preparing and submitting criminal and civil complaints to a court of competent jurisdiction.

Classification of offense. Any person who violates the prohibition found within Subsection (b)(1) of this section, shall, upon conviction thereof, be guilty of a violation, as defined in § 55.10 of the New York State Penal Law as may be amended from time to time. Each calendar day in which such person violates Subsection (b)(1) of this section shall constitute a separate offense.

Penalties and registration.

The court, in its discretion, may impose a sentence of imprisonment to be fixed by the court for a term not to exceed 15 days, consistent with § 70.15(4) of the New York State Penal Law, a sentence to pay an amount to be fixed by the court not exceeding the amount of $250, consistent with § 80.05(4) of the New York State Penal Law, or both.

The court may also elect to cause the dog(s) underlying the basis of the conviction to be surrendered or otherwise forfeited by the person after such conviction. The surrender or forfeiture shall be to an enforcement officer, as provided herein above.

In lieu of or in addition to any other penalty imposed under this section, the court may impose upon any person who fails to comply with Subsection (b) of this section a civil penalty, enforceable and collectable by the City of Utica, in the amount of $150 for a first offense, $250 for a second offense, and $500 for each additional offense.

(4)

Disposition of fines. All fines collected pursuant to this section shall be the sole property of the City of Utica, kept and accounted for separately, in the office of the Comptroller.

Severability. If any clause, sentence, paragraph, section, subdivision or other part of this section or its applications shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or otherwise invalidate the remainder of this section which shall remain in full force and effect except as expressly limited by such order or judgment.