This chapter shall be known and may be cited
as the "City of Auburn Animal and Fowl Ordinance."
No person shall leave any horse or similar animal
in any public place unless it is securely hitched or tied or kept
under the control of a suitable person.
[Amended 10-31-1996 by Ord. No. 37-1996; 6-24-1999 by Ord. No. 13-1999]
A. It shall be unlawful for any person to keep, permit
to be kept, to exhibit, to temporarily hold or to breed any dangerous,
wild, poisonous or venomous or vicious animal of any kind in the City
of Auburn, including but not limited to alligators, bears, boa constrictors,
vicious animals of the cat and dog family, coyotes, crocodiles, falcons,
ferrets (with the exception of domesticated ferrets), foxes, hawks,
possums, pythons, raccoons, reptiles, snakes and wolves.
B. It shall be unlawful for any person to keep, permit
to be kept, to exhibit, to temporarily hold or to breed any farm animals,
including but not limited to horses, ponies, livestock, cattle, goats,
sheep, pigs, mules, donkeys, chickens and other animals customarily
kept on a farm, but not including common household pets.
Any violation of this article shall be punishable as provided in Chapter
1, §
1-18 of the Municipal Code.
[Amended 10-24-1991; 6-3-2004 by Ord. No. 10-2004; 1-26-2006 by Ord. No.
1-2006; 3-13-2008 by Ord. No. 1-2008; 12-21-2010 by Ord. No. 17-2010]
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 within the City of Auburn, New
York.
As used in this article, unless the context or subject matter
otherwise requires:
AT LARGE
Any dog shall be deemed at large when it is off the property
of its owner and not under restraint of a competent person.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the City to assist in the enforcement
of this chapter 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 chapter.
OWNER
Any person who owns, keeps, harbors, or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head
of the household where the minor resides.
RESTRAINT (LEASH LAW)
A dog must be controlled by a leash having a maximum length
of six feet while off the owner's premises. A dog is considered
under restraint if it is controlled by a leash having a maximum length
of six feet, within a vehicle being driven or parked on the street,
or within the property limit of its owner or keeper with a restraint
or fencing, or upon the premises of another with the consent of such
other person and restrained or confined to a fenced area. A retractable
leash may be used as a restraint provided that the retractable leash
is set and locked at six feet when the dog is in the immediate vicinity
of persons or is on a sidewalk area.
A Dog Control Officer shall be appointed by the City Manager
for the purposes and shall have all the powers and duties contained
in § 113 of the Agriculture and Markets Law.
Pursuant to the provisions of § 118 of the Agriculture
and Markets Law of the State of New York and the Auburn City Code,
owning, keeping or harboring a dog within the City of Auburn, unless
such dog is licensed as required by the provisions of the Agriculture
and Markets Law and the Auburn City Code, shall be an offense punishable
as set forth herein.
There shall be excluded from the provisions of this article
any dogs which are defined pursuant to § 108 of the Agriculture
and Markets Law as a guide dog, hearing dog, service dog, working
search dog, therapy dog, detection dog, and any other dogs which are
utilized by law enforcement agencies within the jurisdiction of the
City of Auburn and are professionally trained service animals utilized
for people with disabilities in the performance of its trained duties.
The Dog Control Officer and any peace officer authorized by
the City to assist in the enforcement of this chapter and Article
7 § 122(2)(c) of the Agriculture and Markets Law shall have
the authority to issue an appearance ticket, pursuant to the Criminal
Procedure Law.
Dogs shall be seized, impounded, redeemed or adopted pursuant to Agriculture and Markets Law § 117, subject to the provisions of §
104-17.
Any owner or person having custody of any dog or any other animal shall not permit said dog or any other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or other public grounds or on any private property within the City, other than the premises of the owner or person having custody of said dog or other animal, unless said defecation is removed immediately. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary. A violation of this section shall be punishable by an imposition of a civil penalty pursuant to §
104-16A of this chapter.
No person shall keep or harbor a dog which howls or barks in
violation of this section.
A. It shall constitute a violation of this section if the howling or
barking occurs continually and is audible beyond the property line
of the premises on which the dog is located:
(1) For more than five minutes between the hours of 10:00 p.m. and 8:00
a.m.;
(2) For more than 15 minutes between the hours of 8:00 a.m. and 10:00
p.m.; or
(3) For a shorter duration than cited above, but on more than five occasions
within a given ten-day period if attested to by complainants from
two or more separate properties.
(4) Howling, barking or other noise made by a dog which is determined
to be unreasonable, taking into account the following factors:
(a)
The proximity of the noise to residential property.
(b)
The time of the day or night when the noise occurs.
(c)
The time duration of the noise.
(d)
Whether the noise is repetitive.
(f)
The existence of complaints concerning the noise from persons
living or working in the vicinity of the noise and who are affected
by it.
(g)
Malicious provocation resulting from such activity as trespass,
vandalism or badgering.
B. It shall be a defense to such violation if the owner of the dog proves
by a preponderance of the evidence that the only reason the dog was
howling or barking was that the dog was being provoked by a person
or was otherwise being incited, or was acting as a guide dog, hearing
dog, service dog or police work dog.
C. A violation of this section shall result in the imposition of a civil penalty pursuant to §
104-16A of this chapter.
All other enabling and regulatory provisions contained in Article
7 of the New York State Agriculture and Markets Law effective January
1, 2011, which are not referenced specifically in this article, are
incorporated by reference herein.