The title of this article shall be the "Dog Control Ordinance
of the City of Fulton."
[Amended 12-7-2010 by L.L. No. 7-2010]
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage.
[Amended 12-7-2010 by L.L. No. 7-2010]
A. This article is enacted pursuant to the provisions of Article 7 of
the Agriculture and Markets Law of the State of New York.
B. Any dog harbored within the City of Fulton 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 article.
As used in this article, the following words shall have the
following respective meanings:
ADOPTION
The delivery to any individual 18 years of age or older,
for the purpose of harboring a dog, of any unredeemed dog impounded
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law of the State of New York, or as otherwise defined in § 108,
Subdivision 1, of the Agriculture and Markets Law of the State of
New York.
[Added 3-7-1995]
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article and as amended thereafter.
CITY
The area within the corporate limits of the City of Fulton.
CONFINED
Such animal is securely confined or restrained or kept on
the owner's premises, either within a building, kennel or other suitable
enclosure, or securely fastened on a chain, wire or other effective
tether of such length and so arranged that the animal cannot reach
or endanger any person on any adjacent premises or on any public street,
way or place, or, if the animal is being transported by the owner,
it is securely confined in a crate or other container or so restrained
in a vehicle that it cannot be expected to escape therefrom.
DOG
Male and female, licensed and unlicensed members of the species
Canis familiaris.
DOG CONTROL OFFICER
Any person authorized from time to time to enforce the provisions
of this article or the provisions of the Agriculture and Markets Law
of the State of New York.
OWNER
The party purchasing the license, unless the dog is or has
been lost and such loss has been reported to the Dog Control Officer
and reasonable search has been made. If an animal 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 any period of time 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 that the owner of any dog found to be in violation of
this article is a minor, 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 in violation of this
article.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
[Amended 10-30-1991 by L.L. No. 4-1991; 2-7-1995; 12-1-2009 by L.L. No.
6-2009; 12-7-2010 by L.L. No. 7-2010]
A. All dogs within the City of Fulton four months of age or older, unless
otherwise exempted, shall be licensed. The owner of each dog required
to be licensed shall obtain, complete and return to the City Clerk/Chamberlain
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 of Fulton. 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. Each license issued shall be valid for a period of one
year and shall not be transferable.
B. The City of Fulton hereby establishes the fee for a dog license issued
pursuant to this article at $29 for an unspayed or unneutered dog
and $24 for a spayed or neutered dog. These amounts can be changed
in the future by resolution of the Common Council.
[Amended 3-6-2018; 2-2-2021]
C. Excepted from payment of the license fee, with the exception of the
state surcharge, are applications submitted for a dog license for
any guide, hearing, service, war, working, search, detection, police
and therapy dogs.
[Amended 3-6-2018; 2-2-2021]
D. In addition to the license fee established by Subsections
B and
C herein, each applicant for a dog license shall pay a surcharge of $1 if the dog to be licensed is spayed or neutered, or a surcharge of $3 if the dog sought to be licensed is unspayed or unneutered, for transmittal to the State Comptroller for deposit in the population control fund.
[Amended 3-6-2018; 2-2-2021]
E. When in the future the City Council determines the need for a dog
enumeration, a fee of $5 will be assessed to all dogs found unlicensed
or in need of renewal at the time the enumeration is conducted.
F. A dog participating in a dog show shall be exempt from the identification
requirement of § 111 of the Agriculture and Markets Law
during such participation.
G. The City hereby establishes purebred licenses.
[Amended 5-4-2021]
(1) The fee for these licenses, instead of the fee set forth in Subsection
B herein, will be:
(a)
For no more than 10 dogs: $75.
(c)
For more than 25 dogs: $150.
(2) Purebred licenses will also be subject to the population control fund surcharge set forth in Subsection
D herein.
H. Payment of the annual dog license fee as established herein or later
amended by resolution of the Common Council for dogs owned by one
or more persons each of whom are 65 years of age or over is to include
a senior citizen fee exemption in the amount of $10. Senior citizens
applying for this exemption must provide proof of age in the form
of a birth certificate, baptismal record, driver's license or similar
form satisfactorily establishing their date of birth and acceptable
to the office of the City Clerk/Chamberlain.
[Amended 7-19-2011 by L.L. No. 4-2011; 3-6-2018]
[Amended 2-7-1995; 12-7-2010 by L.L. No. 7-2010; 4-19-2016 by L.L. No. 1-2016]
Seizure of dogs, redemption periods, impoundment and adoption
shall be dealt with pursuant to the provisions of § 117 of Article
7 of the Agriculture and Markets Law, effective immediately and as
amended from time to time thereafter by the State of New York, except
that the City of Fulton may waive any impoundment fee for a dog that
is redeemed in the City of Fulton prior to being transferred to an
impoundment facility (currently the Oswego Animal Shelter).
[Amended 4-21-2009 by L.L. No. 4-2009; 12-7-2010 by L.L. No.
7-2010]
Violations shall be dealt with pursuant to the provisions of
§ 118 of Article 7 of the Agriculture and Markets Law, effective
January 1, 1980, and any amendments, additions and substitutions thereto.
For any violations of this article that penalties are not provided
for in the Agriculture and Markets Law, the following penalties shall
be imposed:
A. For the first offense: a fine up to $50.
B. For the second offense: a fine up to $100.
C. For the third and subsequent offenses: a fine up to $200.
[Added 3-7-2000 by L.L. No. 4-2000; 12-1-2009 by L.L. No.
6-2009; 12-7-2010 by L.L. No. 7-2010]
Any time there is a court finding or an admission that a dog
is a dangerous dog in accordance with New York Agriculture and Markets
Law § 123, the owner thereof, in addition to any other fees
and/or fines, shall pay the actual boarding charges, if any, incurred
by the City relative to said dog. These charges must be paid either
to the Clerk/Chamberlain or the facility boarding said dog before
the dog is to be released. If the dog is to be destroyed and the owner
refuses or fails to pay the boarding charges actually incurred by
the City after due demand has been made, in writing, by certified
mail, return receipt requested, then the City may request that the
court grant a judgment for said boarding charges as part of the dangerous
dog proceeding or the City may maintain a separate civil action for
the recovery of said boarding charges.