[HISTORY: Adopted by the City Council of
the City of Auburn 3-28-1991 by L.L. No. 2-1991 as Ch. 54 of the 1991
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "City of Auburn Animal and Fowl Ordinance."
A.
No person shall permit or cause any animals, domestic
or wild, under his or her ownership or control to run at large upon
any public street, place or park nor on any private property within
the City of Auburn, except cats.
A.
No person shall injure, annoy, unnecessarily disturb
or harm any bird or squirrel in any place in the City.
B.
Exceptions. Pigeons, Starlings and English Sparrows
may be trapped and humanely disposed of. Additionally, when it is
declared in the best interest of the City, the City is free to conduct
programs which utilize nonlethal methods to remove and/or disperse
certain birds from various areas throughout the City.
[Amended 12-8-2005 by Ord. No. 18-2005]
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.
[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[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2011.
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:
Any dog shall be deemed at large when it is off the property
of its owner and not under restraint of a competent person.
Any member of the species canis familiaris.
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.
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.
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.
A.
No owner shall permit or allow a dog to run at large within the City of Auburn unless such dog shall be restrained as provided in the definition of "restraint" in § 104-8.
B.
No unspayed female dog in season shall be permitted to be outside
a building or a fenced enclosure.
C.
No owner shall keep or harbor a dog which howls or barks habitually
or continuously so as to disturb the peace and quiet of other persons.
D.
No dwelling unit shall have more than three licensed dogs on the
premises of said dwelling unit, unless such dwelling is a licensed
kennel.
A.
Licensing.
(1)
Application for original license.
(a)
The owner of any dog reaching the age of four months shall immediately
make application to the City Clerk for a dog license on a form provided
by the City Clerk's office. No license shall be required for
any dog which is under the age of four months and which is not at
large, or any dog that is residing in a pound or shelter maintained
by or under contract or agreement with the State of New York or any
county, city, or village, duly incorporated society for the prevention
of cruelty to animals, duly incorporated humane society or duly incorporated
dog protective association.
(b)
In the case of an unlicensed dog being redeemed by the owner
or a dog being adopted from a shelter or pound, the City Clerk and
the manager of the facility shall establish a licensing procedure
that is agreeable and beneficial to both the City of Auburn and the
shelter or pound.
(2)
Rabies vaccination required. All applications for a dog license shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian or, in lieu thereof, a statement certified by a licensed
veterinarian stating that the dog is too young to be vaccinated or,
because of old age or another reason, the life of the dog would be
endangered by the administration of vaccine. A copy of the rabies
certificate or certified statement shall be made and attached to the
Clerk's copy of the application. In the case of an unlicensed
dog being redeemed by the owner or a dog being adopted from a shelter,
copies shall be forwarded to the City Clerk. Such records shall be
kept on file by the City Clerk and be made available upon request
for rabies and other animal disease control efforts.
(3)
Spay/neuter certificates. In the case of a spayed or neutered dog,
every application shall be accompanied by a certificate signed by
a licensed veterinarian or an affidavit signed by the owner, showing
that the dog has been spayed or neutered. In lieu of the spay or neuter
certificate, an owner may present a statement certified by a licensed
veterinarian stating that he has examined the dog and found that,
because of old age or other reason, the life of the dog would be endangered
by spaying or neutering.
(4)
License. Upon receiving a complete application, the required documents
and the fee, the City Clerk shall issue a license and tag. The City
Clerk's copy shall be kept on file in accordance with the Records
Retention and Disposition Schedule MU-1 issued by the New York State
Archives and Records Administration.
(5)
Expiration of license. An original license shall be issued for a
period of one year and shall expire on the last day of the month one
year from the date of issue.
(6)
License renewal.
(a)
License renewal forms shall be mailed by the City Clerk.
(b)
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection A(2) of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the City Clerk's copy of the renewal.
(c)
A spay/neuter certificate shall not be required if one is already
on file with the City Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
City Clerk in order to receive the reduced fee for an altered dog.
The City Clerk shall make a copy of the certificate and attach it
to the original license on file.
(d)
The renewal shall expire on the last day of the month in the
same month that it was originally issued. (i.e., a license originally
issued in January will always expire in January.)
(e)
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the City
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
(f)
Upon renewal the City Clerk shall provide a validated license
to the owner. The Clerk's copy shall be kept on file in accordance
with the Records Retention and Disposition Schedule MU-1 issued by
the New York State Archives and Records Administration.
(7)
Identification of dogs.
(a)
When a dog is originally licensed, a City of Auburn identification
number will be assigned, and an identification tag shall be issued,
which shall be worn by the dog at all times.
(b)
Existing New York State Agriculture and Markets dog licenses
being renewed or transferred from another municipality shall be assigned
a City of Auburn identification number, and an identification tag
shall be issued. The New York State Agriculture and Markets tag or
other municipality's tag shall be discarded, and the City of
Auburn tag shall be worn by the dog at all times.
(c)
A dog participating in a dog show is exempted from wearing an
identification tag only for the duration of the show.
(d)
No identification tag shall be affixed to the collar of any
dog other than the one to which it was assigned.
(e)
Any guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog shall be issued
a City of Auburn identification tag and a Cayuga County Working Dog
tag. Both tags shall be worn by the dog at all times.
(f)
Lost tags shall be replaced at the expense of the owner at a
fee set by the Auburn City Council.
(8)
Change of address. When there is a change of address for the owner
of record, the owner shall notify the City Clerk's office of
such change. If the change is still within the City of Auburn, the
City Clerk will make the appropriate updates to the dog license record.
If the change is located outside the City of Auburn, the City Clerk
shall make a note in the record and cancel the license. The Clerk
shall forward a copy of the license to the Clerk of the municipality
to which the owner has moved, informing said Clerk that the dog now
resides in their municipality.
(9)
Change of ownership. In the event of a change in the ownership of
any dog licensed in the City of Auburn, the new owner shall immediately
make application for a license for such dog. Additionally, the original
owner of record shall notify the City Clerk's office of the change
of ownership. Such original owner of record shall be liable for any
violation under this article until such filing is made or until the
dog is licensed in the name of the new owner.
(10)
Lost, stolen or deceased dog. If any dog which has been licensed
in the City of Auburn is lost, stolen or deceased, the owner of record
shall notify the City Clerk's office within 10 days of the discovery
of such loss, theft or death.
(11)
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person or company for commercial
purposes.
(12)
Purebred licenses.
(a)
Purebred licenses are offered in the City of Auburn as an alternative
to individual licenses for owners actively involved in the breeding
and sale of purebred dogs.
(b)
To qualify for a purebred license, a person must own five or
more purebred dogs, and at least five of those dogs must be unaltered.
(c)
At the time of application, the City Clerk shall assign a purebred license identification number. Application for a purebred license shall be on a form provided by the City Clerk and shall include rabies vaccination certification as specified in Subsection A(2) of this section for every dog listed on the license, a copy of which shall be kept on file by the City Clerk.
(d)
Copies of registry papers for every dog or a comprehensive list
of registry numbers and associations shall be required and filed with
the Clerk's copy of the license.
(e)
All dogs over four months of age must be listed and included
in the purebred license.
(f)
Purebred licenses shall be issued for one year and renewed annually.
(g)
All applications for and renewals of purebred licenses shall
be accompanied by a fee as set by resolution of the City Council.
In addition, an assessment of $3 for each unaltered dog and $1 for
each altered dog shall be added for the purpose of carrying out animal
population control efforts as mandated by Article 7 of New York State
Agriculture and Markets Law. No fee or portion thereof shall be refundable
once the license is issued.
(h)
The City Clerk may request that the Dog Control Officer verify
the number of dogs being claimed on any purebred license.
(i)
No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Subsection A(1) of this section, except when the new owner holds a valid purebred license and adds the dog to such purebred license.
B.
License fees. Pursuant to the Auburn City Code and Consolidated Fee
Schedule, the license fees for dogs in the City of Auburn shall be:
(3)
All revenue derived from such fees shall be the sole property of
the City of Auburn and shall be used only for controlling dogs and
enforcing this article and Article 7 of New York State Agriculture
and Markets Law. Said revenue may also be used to subsidize the spaying
or neutering of dogs, to subsidize any facility as authorized under
Article 7 of New York State Agriculture and Markets Law, and to subsidize
public humane education programs related to responsible dog ownership.
(4)
In no event shall any money derived from license fees be used to
subsidize the spaying or neutering of cats or animals other than dogs.
(5)
No license fees are refundable in the event that a dog is lost, stolen,
sold, given away, surrendered or deceased before the expiration of
the license.
(6)
An additional fee may be established by resolution of the Auburn
City Council should a dog be identified as unlicensed during an enumeration.
Such additional fee shall be the property of the City of Auburn and
shall be used to pay the expenses incurred while conducting the enumeration.
In the event the additional fees collected exceed the expenses incurred,
such excess fees may be used for enforcing this article and for spaying
or neutering dogs.
(7)
In addition to the fees set by the City Council, an additional New
York State spay/neuter surcharge shall be assessed for the purpose
of carrying out population control efforts as mandated by Article
7 of New York State Agriculture and Markets Law. Money derived from
such additional assessment may be used to subsidize the spaying and
neutering of cats as well as dogs pursuant to Article 7 of New York
State Agriculture and Markets Law.
(8)
Any owner who has attained 65 years of age and is required to obtain
a dog license shall be exempt from payment of any license fee specified
in this article.
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.
A.
DANGEROUS DOG
VICIOUS DOG
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any dog which is defined pursuant to Article 7, § 108,
of the New York State Agriculture and Markets Law, Paragraph 24(a).
Said definition is incorporated herein and reads as follows: "Dangerous
dog means any dog which (i) without justification attacks a person,
companion animal as defined in subdivision five of section three hundred
fifty of this chapter; farm animal as defined in subdivision four
of section three hundred fifty of this chapter or domestic animal
as defined in subdivision seven of this section and causes physical
injury or death, or (ii) behaves in a manner which a reasonable person
would believe poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals,
farm animals or domestic animals or (iii) without justification attacks
a service dog, guide dog or hearing dog and causes physical injury
or death."
Any dog which:
(1)
Has caused death or serious injury to a person engaged in a lawful
activity;
(2)
Has, on two or more occasions within a twelve-month period, bitten
without provocation a person engaged in a lawful activity;
(3)
Has, on two or more occasions within a twelve-month period, while
off the property of its owner and without provocation, killed or seriously
injured another animal; or
(4)
Has been trained for dog fighting or is owned or kept for the purpose
of dog fighting.
B.
Regulation and adjudication of dangerous dogs. Dangerous dogs shall
be regulated and adjudicated pursuant to Article 7, § 123
of the Agriculture and Markets Law and shall be subject to the conduct
adjudication and findings set forth in said section.
(1)
Any dog which has been adjudicated a dangerous dog shall be subject
to restraint on a leash by an adult of at least 21 years of age whenever
the dog is on public premises and shall be muzzled, and the muzzling
of the dog shall occur whenever it is on public premises in the manner
that will prevent it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration.
(2)
All other provisions of Article 7, § 123, of the Agriculture
and Markets Law shall be applicable in relation to the regulation
of dangerous dogs.
C.
General provisions.
(1)
It shall be unlawful for any person to keep within the City of Auburn
any vicious dog. Upon a finding that a dog is vicious, a court of
competent jurisdiction may order the dog to be impounded and destroyed
or to be removed from the City of Auburn.
D.
Complaints.
(1)
Any person may make a verbal or written complaint pursuant to § 123
(1 and 2) of the Agriculture and Markets Law, to the City Dog Control
Officer of a dog which the complainant believes to be dangerous. The
complaint shall include sufficient information to enable the Dog Control
Officer to ascertain the location and owner of the dog and shall also
include the reasons why the complainant believes the dog to be dangerous.
(2)
After receipt of the complaint, the Dog Control Officer shall undertake
an investigation to determine whether the dog identified in the complaint
is dangerous. Such investigation shall include an opportunity for
the owner of the dog to present evidence to the Dog Control Officer
pertinent to the dangerousness of the dog, and may include interviews
with the complainant and other persons having personal knowledge regarding
the dog and observations of the dog in its normal habitat.
(3)
Upon completion of the investigation, the Dog Control Officer shall
determine whether there is probable cause that the dog identified
in the complaint is vicious or dangerous. Upon the determination that
such probable cause exists, the Dog Control Officer shall prepare
and file the necessary documents with the Auburn City Court commencing
judicial proceedings in accordance with §§ 122 and
123 of the Agriculture and Markets Law.
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.
A.
B.
In the event the person so charged fails to pay said civil penalty
within the time prescribed therefor, the Dog Control Officer may issue
an appearance ticket in accordance with Article 150 of the Criminal
Procedure Law requiring the person so charged to appear in Auburn
City Court to answer such violation.
C.
Civil penalties shall be paid directly to the City Clerk, and any
and all fines imposed by City Court shall be collected by City Court
and thereafter remitted to the City Clerk.
A.
In addition to the penalties and fines set forth above, upon the
seizure of a dog by the Dog Control Officer for any violation of this
article, to redeem said dog the owner must furnish proof that the
dog has been licensed pursuant to the Agriculture and Markets Law
and must pay the following impoundment fees:
(1)
For a first offense, a sum of $25 plus a boarding charge of $11 per
day for each day or part thereof of impoundment.
(2)
For a second offense within the preceding five years, a sum of $50
plus a boarding charge of $11 per day or part thereof of impoundment.
(3)
For a third offense within the preceding five years, a sum of $100
plus $11 per day or part thereof of impoundment.
B.
All such impoundment fees and the cost of boarding the dog shall
be paid by the owner directly to the City Clerk. If the fees and boarding
costs are not paid within five days of notification by the City Clerk
to the owner, the City may take the necessary steps to cause an owner
to forfeit title to any dog unredeemed at the expiration of the appropriate
redemption period, and the dog shall then be made available for adoption
or euthanized, subject to the provisions of Subdivision 2-a, 2-b,
2-c, 2-d and 2-e of § 374 of the Agriculture and Markets
Law.
C.
The fees set forth herein may be amended at Council's discretion
as a component of the City's budget and shall become effective
July 1 of each fiscal year and shall remain in effect until the end
of each designated fiscal year unless amended by Council during the
fiscal year.
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.
(e)
The volume of the noise.
(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.
A.
No dog kennel as defined in § 305-43 of the City of Auburn Zoning Ordinance shall be permitted within the City of Auburn except within the General Industrial District (I) as set forth in § 305-54B(2) of said Zoning Ordinance.
B.
No dog kennel shall be constructed, kept or maintained:
C.
No resident of any two-family dwelling, multiple dwelling, townhouse
or apartment house shall keep more than one dog in or on such premises.
D.
In the event that a tenant resides in a premises not owned by him
or her, it shall be the responsibility of the person or landlord who
rents the premises to the tenant to notify the Auburn City Clerk that
the tenant harbors a dog or dogs, and must supply all contact information
for the tenant, including telephone numbers for home, work and cell
phone, if available.
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.