[Adopted 4-1-1980 (Ch. 57 of the 1991 Code)]
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]
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.
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:
- 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.
- The area within the corporate limits of the City of Fulton.
- 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.
- 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.
- 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.
It shall be unlawful for any owner of any dog in the City of Fulton to permit or allow such dog to:
Run at large unless the dog is restrained by an adequate leash.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner or person harboring such dog.
Chase, jump upon or at or otherwise harass or annoy 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.
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
An owner of any dog shall not permit said dog to defecate on any school ground, public street, alley, sidewalk, tree bank, park or any other public grounds or any private property within the City, other than the premises of the owner of said dog, unless said defecation is removed immediately.
[Amended 5-15-2001 by L.L. No. 5-2001]
Perform any excretory functions upon any lands or property within the City, whether public or private, which shall create odors offensive to others, whether or not restrained or controlled by a chain or leash by the owner.
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with other animals except for planned breeding.
No owner or harborer shall fail to provide his dog with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.
Any unspayed female dog in heat or dog of vicious or dangerous propensities found off the premises of the owner or harborer of the dog may be taken and impounded by the Dog Control Officer, any peace officer or other interested party, and if the same cannot be so safely taken and impounded, any Dog Control Officer or peace officer may kill the same.
Dangerous dogs may be dealt with pursuant to the provisions of § 123 of the Agriculture and Markets Law and any amendments and additions and substitutions thereto.
[Amended 12-7-2010 by L.L. No. 7-2010]
It shall be unlawful for any owner to abandon a dog in the City of Fulton, and, for the purposes of this section "abandonment" shall mean leaving a dog unattended without sufficient food, water, shelter or an opportunity to exercise its normal body functions for a period of more than 24 consecutive hours.
[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]
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.
The City of Fulton hereby establishes the fee for a dog license issued pursuant to this article at $22 for an unspayed or unneutered dog and $14 for a spayed or neutered dog. These amounts can be changed in the future by resolution of the Common Council.
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.
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.
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.
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.
The City hereby establishes purebred licenses.
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]
The Dog Control Officer of the City of Fulton shall be appointed by the Common Council and shall enforce all laws pertaining to dogs in the City of Fulton, including the Agriculture and Markets Law of the State of New York and this article.
The Dog Control Officer shall work in conjunction with the office of the Clerk/Chamberlain and the Fulton Police Department and shall be available on a schedule to be determined by the Common Council upon the advice of the Clerk/Chamberlain and the Fulton Police Chief.
[Amended 12-1-2009 by L.L. No. 6-2009]
Pursuant to the Criminal Procedure Law of the State of New York, the Dog Control Officer or any assistant or peace officer authorized by the City of Fulton to assist in the enforcement of this article shall be authorized to issue appearance tickets for violations of this article and the provisions of Article 7 of the Agriculture and Markets Law, and any amendments and additions and substitutions thereto.
Any person who observes a dog in violation of this article may file a complaint, under oath, with the City Judge of the City of Fulton specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner or harborer of the dog.
[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).
Pursuant to § 117 of the Agriculture and Markets Law of the State of New York and § 216-8 of this article, the following procedures are hereby established for adoption of a dog:
[Amended 12-7-2010 by L.L. No. 7-2010]
The Dog Control Officer shall have the right to prescribe reasonable rules, regulations and forms to effectuate the intent of this section.
The Dog Control Officer shall have the right to seize any dog that is not in full compliance with this section without notice to the owner, and said owner shall otherwise be considered to be in violation of this article and subject to all fines, penalties and other punishments as otherwise set forth in Article 7 of the Agriculture and Markets Law of the State of New York and this article.
[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:
[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.