[HISTORY: Adopted by the Common Council of the City of Lockport 12-15-2010 by L.L. No.
7-2010.[1] Amendments noted where applicable.]
The title of this article shall be "Dog Control Law of the City
of Lockport."
The purpose of this chapter 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.
This chapter is enacted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York and to General City Law,
Article 20.
As used in this chapter, the following terms shall have the
meanings indicated:
The clerk of any county, town, city or village where licenses
are validated or issued pursuant to this article.
That such animal is securely confined or restrained and kept
on the owner's premises, either within a building, kennel or
other suitable enclosure; fastened on a chain, wire, or other effective
tether of such length and so arranged that an animal cannot reach
or endanger any person or any adjacent premises or on any public street,
way or place; or, if the animal is being transported by the owner,
that is securely confined in a crate, or other container, or so restrained
in a vehicle that it cannot be expected to escape therefrom.
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.
Male, female, member of the species canis familiaris.
Any person authorized by the Common Council of the City of
Lockport from time to time to enforce the provisions of this chapter
or the provisions of the Agriculture and Markets Law.
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 during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any 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 during the period such dog
is being trained or bred for such purpose.
A tag issued by the 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.
Any county, town, city and village.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to this article, except that if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person. If it cannot be determined
in whose name any dog was last licensed or if the owner of record
has filed a statement pursuant to the provisions of this article,
the owner shall be deemed to be the owner of record of such dog, except
that if the owner is under 18 years of age, the owner of record shall
be deemed to be the parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
Any dog, licensed or unlicensed, while roaming, running or
self-hunting off the property of its owner or custodian and not under
the control of the owner or custodian by a leash not exceeding 10
feet in length.
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.
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.
Any dog which has been honorably discharged from the United
States Armed Services.
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.
A.
License required. All dogs within the City of Lockport reaching the
age of 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 of Lockport City Clerk a dog license
application together with the license application fee, any applicable
license surcharges and such additional fees established by the City
of Lockport. 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 such case, vaccination shall not be required. Each license
shall be valid for a period of one year and shall not be transferable.
B.
Antirabies vaccination. No person shall keep, harbor or maintain
a dog unless such dog shall have been vaccinated by a licensed veterinarian
with antirabies vaccine.
C.
Identification of dogs. Each dog licensed pursuant to this article
shall be assigned, at the time the dog is first licensed, a municipal
identification number. Such identification shall be carried by the
dog on an identification tag which shall be affixed to a collar on
the dog at all times, provided that said dog shall be exempt while
participating in a dog show. No tag carrying an identification number
shall be affixed to the collar of any dog other than the one to which
that number has been assigned.
D.
Change of ownership. 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 City of Lockport
City Clerk a written report of such change.
E.
Lost or stolen dog. 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
of Lockport City Clerk a written report of such loss or theft.
F.
Deceased dog. In the case of a dog's death, the owner of record
shall so notify the City of Lockport City Clerk either prior to renewal
of licensure or upon the time such renewal is required.
A.
There shall be appointed one or more Dog Control Officers for assisting,
within the City of Lockport, with the control of dogs and the enforcement
of this article.
B.
Every Dog Control Officer shall have the power to issue an appearance
ticket pursuant to § 150.20 of the Criminal Procedure Law,
to serve a summons, and to serve and to execute any other order or
process in the execution of the provisions of this article. In addition,
any Dog Control Officer or any Peace Officer, when acting pursuant
to his special duties, or Police Officer, may serve any process, including
an appearance ticket, a uniform appearance ticket, and a uniform appearance
ticket and simplified information, related to any proceeding, whether
criminal or civil in nature in accordance with the provisions of this
article or any local law or ordinance promulgated pursuant thereto.
C.
Interference with the Dog Control Officer. No person shall molest
or interfere in any way with the Dog Control Officer or any of his
duly authorized assistants or with the duly authorized agents of any
person or corporation engaged in enforcing this article or the provisions
of the Agriculture and Markets Law and the Public Health Law relating
to dogs while he or they are engaged in the performance of their duties.
A.
Violations.
(1)
Unlicensed dog. The Dog Control Officer or any of his duly authorized
assistants and the duly authorized agents of any person or corporation
enforcing the provisions of the Agriculture and Markets Law and the
Public Health Law relating to dogs shall seize any unlicensed dog
either on or off the owner's premises. This will not apply to
a dog under the age of four months which is not at large.
(2)
Untagged dogs. All dogs are to have an identification tag which shall
be affixed to a collar on the dog at all times. Any Dog Control Officer
or such representative shall seize any dog found at large not wearing
an identification tag.
(3)
Running at large. All dogs are to be restrained by a leash not exceeding
10 feet in length while off the owner's premises, whether or
not tagged or licensed. Any person owning or harboring a dog shall
not suffer or allow it to run at large in any of the streets or public
places of this City or upon the premises of anyone other than the
owner or custodian unless the owner or occupant of such premises grants
permission. The Dog Control Officer or any of his duly authorized
assistants or the duly authorized agents of any person or corporation
enforcing the provisions of the Agriculture and Markets Law and Public
Health Law relating to dogs shall seize any dog not so restrained
found off the owner's premises.
(4)
Barking. Any person owning or harboring a dog shall not suffer or
allow it to engage in howling, barking or crying or to conduct itself
in such a manner as to disturb the peace of any person other than
the owner or person harboring the dog.
(5)
Dog waste. Any person owning or being in charge of any dog, except
blind persons accompanied by a dog used for their assistance, shall
not allow it to defecate upon any public property or upon any private
property without the express permission of the owner of said property,
unless all feces deposited by such dog are immediately disposed of
by the owner of the dog or person in charge in a safe and sanitary
manner.
B.
Seizure
of dogs.
(1)
It is the duty of the Dog Control Officer or any of his duly authorized
assistants to seize and impound any dogs which are in violation under
the provisions of this article.
(2)
If the dog seized bears a license tag, the Dog Control Officer or
other representatives herein named shall ascertain the owner of the
dog and shall give immediate notice by personally serving such owner
or an adult member of his family or household with a notice, in writing,
stating that the dog has been seized and will be destroyed unless
redeemed within the period herein provided.
C.
Impoundment/redemption.
(1)
Every dog seized shall be properly fed and cared for at the expense
of the City until disposition thereof be made as herein provided.
(2)
Redemption of seized dog. The owner of a dog seized may redeem the
dog within five days by producing to the persons seizing the dog a
license for the dog and by paying to the City Clerk or Dog Control
Officer the following impoundment fees:
(a)
Twenty dollars for each offence for the first impoundment of
any dog owned by that person for violation of any provision of this
article.
(b)
Thirty dollars for each offence for the second impoundment within
one year of the first impoundment of any dog owned by that person
for violation of any provision of this article.
(c)
Forty dollars for each offence for the third and subsequent
impoundment of any dog owned by that person within one year for violation
of any provision of this article.
(d)
Any dog which is impounded for more than 24 hours will be charged
an additional $5 for each additional 24 hours or part thereof that
the dog remains impounded.
(3)
If not so redeemed, the owner shall forfeit all title to the dog,
and the dog shall be sold or killed by the Dog Control Officer or
such representative. In case of sale, the purchaser must pay the purchase
price to the City Clerk and also obtain a license for the dog.
(4)
The fact that a dog is without a tag attached to a collar shall be
presumptive evidence that the dog is unlicensed.
(5)
No action shall be maintained to recover the possession or value
of a dog not wearing a tag attached to a collar as provided herein.
(6)
Any Dog Control Officer or other representative named herein destroying
a dog under the provisions of this section shall immediately dispose
of the carcass and make a written report of such destruction and disposition
to the Clerk or Dog Control Officer. The Clerk or Dog Control Officer
shall make and preserve a record of such destruction and disposition.
(7)
No action shall be maintained to recover the possession or value
of a dog or for damages for injury or for compensation for destruction
of a dog destroyed pursuant to the provisions of this article.
A.
The Dog Control Officer, Police Officer, or a Peace Officer having
reasonable cause to believe that a person has violated this article
in a manner not requiring seizure of a dog as provided herein shall
issue and serve upon such person an appearance ticket for such violation.
B.
Any person who observes a violation of this article may file a complaint
with the Dog Control Officer, specifying the nature of the violation,
the date thereof, a description of the dog and the name and address
of the owner, if known.
C.
The Mayor of the City of Lockport is empowered to designate public
servants, including Dog Control Officers, who shall be specifically
authorized pursuant to this article to issue and serve appearance
tickets to persons within the City of Lockport for petty offenses
and violations of the City's rules, regulations and ordinances
concerning dogs and animals. Said authority is limited to occasions
where the public servant has reasonable cause to believe that a person
has committed a petty offense in his presence.
A.
The City shall maintain a public pound or dog shelter in which shall
be contained all dogs seized by the Dog Control Officer and impounded
under this article. The Mayor shall designate the location of the
pound.
B.
At the pound or dog shelter a book must be kept in which the Dog
Control Officer must enter the name and residence of any person bringing
any dog to the pound, the date the same was brought, a description
of said dog for identification and the name and residence of the owner
thereof, if known, which book must at all times be open for public
inspection.
C.
The City of Lockport authorizes the Niagara County Society for the Prevention of Animal Cruelty acting by its manager to provide, accept and grant an application for a dog license made by a resident of the City of Lockport at the time of the adoption of a dog from the Niagara County Society for the Prevention of Animal Cruelty, provided that such application is made in accordance with § 55-5 of this chapter and the license fee, any additional fee and surcharge shall be admitted to the City Clerk of the City of Lockport on or before the third day of the month following the month in which the license fee and additional fee and surcharge were received.
A.
This article shall not apply to a dog owned by a nonresident while
said nonresident, having possession of his dog, is passing through
the City of Lockport, nor to dogs brought into the City of Lockport
for a period not exceeding 30 days.
B.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm, or corporation engaged in the business of breeding
or raising dogs for profit and is licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
D.
Seizure of dogs running at large shall not apply to owners of police
work dogs while engaged in the performance of official police work.
A.
Effective January 1, 2011, the fee for each dog licensed by the City
of Lockport, New York, pursuant to § 110 of the Agriculture
and Markets Law, shall be:
(1)
Fifteen dollars for each spayed female dog and neutered male dog;
$25 for each unspayed female dog or unneutered male dog licensed for
up to and including one year.
(2)
Exempted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police, and therapy dogs.
B.
Animal population control fees. In addition to the above-referenced
fees, a surcharge of $1 for each spayed female dog and each neutered
male dog and a fee of $3 for each unspayed female dog and each unneutered
male dog shall be collected for the purposes of carrying out animal
population control efforts as provided for in § 117 of Article
7 of the Agriculture and Markets Law.
C.
Replacement of lost or damaged tags. Whenever a license tag shall
be lost or destroyed, a replacement tag may be issued by the City
Clerk for the payment of a fee of $3.
D.
An additional fee (surcharge) as authorized by Agriculture and Markets
Law §110, Subdivision 4(a), for costs for enumeration of dogs
in the amount of $10 for each dog identified as unlicensed during
such enumeration shall be charged annually.
[Added 12-5-2018 by L.L. No. 3-2018]
E.
There shall be an additional fee of $5 (a late fee) for any dog license
obtained more than 30 days after it was due to be obtained.
[Added 12-5-2018 by L.L. No. 3-2018]
Any animal must be quarantined under the care and observation
of a licensed veterinarian for such time as is required to determine
whether it is infected with rabies or other infectious diseases in
the following cases:
Any animal infected with rabies shall not be released but may
be destroyed.
A.
The owner of any animal quarantined pursuant to § 55-13 above shall be required to pay all expenses charged by the veterinarian on the basis of regular rates for care and observation during the quarantine period.
B.
All expenses charged by the veterinarian for care and observation
during the quarantine period of any animal whose ownership cannot
be determined shall be paid by the City of Lockport.
The owner of any animal quarantined pursuant to § 55-13 above who violates any provision of this article and any owner who refuses to quarantine his animal in any case required by § 55-13 above shall be guilty of a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
