[Added 6-9-1980]
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 and
deer from dog attacks and damages pursuant to the provisions of Article
7 of the Agriculture and Markets Law, effective January 1, 1980.
[Amended 6-9-1980]
A.
As used in this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise,
the definitions contained in Article 7, § 108, of the Agriculture
and Markets Law are ordained to have the same meanings herein.
B.
ADOPTION
AT LARGE
CLERK
COMMISSIONER
DOG
DOG CONTROL OFFICER
DOMESTIC ANIMAL
EUTHANIZE
GUIDE DOG
HARBOR
HEARING DOG
IDENTIFICATION TAG
IDENTIFIED DOG
MUNICIPALITY
OFFICIAL IDENTIFICATION NUMBER
OWNER
OWNER OF RECORD
PERSON
POLICE WORK DOG
RECOGNIZED REGISTRY ASSOCIATION
WAR DOG
As used in this article, the following terms shall
have the meanings indicated:
The delivery to any individual 18 years of age or older,
for the purpose of harboring as a pet, of any unredeemed dog impounded
pursuant to the provisions of this article or any local law or ordinance
promulgated pursuant thereto.
A dog shall be deemed to be "at large" when it is off the
premises of the owner and not restrained by a leash, except if it
is on the premises of another person with the knowledge and consent
of such other person.
The Clerk of any town, City or village where licenses are
validated or issued pursuant to this article.
The State Commissioner of Agriculture and Markets.
Any member of the species canis familiaris.
Any individual appointed by a municipality to assist in the
enforcement of this article or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog-protective
association under contract with a municipality to assist in the enforcement
of this article.
Any domesticated sheep, horse, cattle, goat, swine, fowl,
duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant
or other bird which is raised in confinement under license from the
State Department of Environmental Conservation before release from
captivity, except that the varieties of fowl commonly used for cockfights
shall not be considered "domestic animals" for the purposes of this
article.
To bring about death by a humane method.
Any dog that is trained to aid the 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 that 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 the deaf and is actually used
for such purpose or any dog owned by a recognized training center
located within the state during the period that such dog is being
trained or bred for such purpose.
A tag which sets forth an official identification number
as required by the provisions of this article.
Any dog carrying an identification tag as provided in § 112
of the Agriculture and Markets Law.[1]
Any county, town, City or village.
A series or combination of letters, numbers or symbols approved
and furnished by the Commissioner.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to either Subdivision 1 or 2 of § 109 of the Agriculture
and Markets Law, 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 § 113
of the Agriculture and Markets Law,[2] 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 registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner.
Any dog which has been honorably discharged from the United
States armed services.
[Added 11-28-1988]
A.
CONFINEMENT
DANGEROUS DOG
DOG OFFICER
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes placing the dog inside a house, barn or other building
of such material and construction so as to prohibit and prevent said
dog from being outside. Said dog shall only be allowed outside for
the purpose of relieving itself. When said dog is allowed outside,
the owner shall at all times have the dog secured on a leash not longer
than three feet and said dog shall at all times be under the direct
control and supervision of the owner or caretaker.
Any dog, which, when unprovoked, inflicts, bites or attacks
a human being or domestic animal, either on public or private property,
or in a vicious or terrorizing manner approaches any person in an
apparent attitude of attack upon the streets, sidewalks or any public
grounds or places.
The Dog Control Officer or other designee of the Common Council.
[Amended 12-28-1992 by L.L. No. 4-1992]
A natural person of any legal entity, including but not limited
to a corporation, firm, partnership or trust.
B.
Responsibility of owner. Upon receiving a report from
any source that a dog located within the City of Hornell may be a
dangerous dog, as defined herein, it shall be the duty and responsibility
of the owner or person who has custody and control of said dog to
follow the following procedures:
(1)
Confine the dog for 10 days.
(2)
Take the dog to a licensed veterinarian within 24
hours and at the end of the ten-day confinement period.
(3)
Have the dog vaccinated for rabies, if necessary.
(4)
License said dog within 72 hours.
(5)
Report any changes in the dog's mood, disposition
or eating habits immediately to the Hornell Humane Society or such
other agency as is designated by the City of Hornell.
[Amended 12-28-1992 by L.L. No. 4-1992]
C.
Confinement at animal shelter. Owners of dogs who are unable to confine said animal as provided for herein shall have their dog confined at the Hornell Humane Society Animal Shelter or such other place as is designated by the City of Hornell. The charge for said confinement shall be as provided in Chapter 142, Fees, per day per dog.
[Amended 12-28-1992 by L.L. No. 4-1992]
D.
Penalty for violation of section. Any person who shall
violate any of the provisions of this section shall, for each and
every offense, be deemed guilty of a violation and shall, upon conviction,
be imposed a fine of not less than $100 and not more than $1,000 and/or
imprisonment of not more than days. Public health laws in New York
State require the approval of the local Health Officer before a confined
dog may be removed from the owner's premises.
A.
No person owning or having the custody and control
of a dog shall permit such dog to be at large in the City elsewhere
than on the premises of the owner, except if it is on the premises
of another person with the knowledge and consent of such other person.
B.
The owner or person having the custody and control
of a dog in the City which is not on the premises of the owner or
upon the premises of another person with the knowledge and consent
of such person shall control and restrain such dog by a leash.
[Amended 5-22-1972; 9-25-1972]
A.
Dogs which are not restrained by leash and which are
off the premises of the owner and are upon the premises of another
person without the knowledge and consent of such person may be seized
as hereinbefore provided, or, in the alternative, the Dog Control
Officer or anyone duly authorized by the Chief of Police to enforce
this article may issue a summons to the owner alleging a violation
of this article and directing said person to appear before the City
Judge at a time and date indicated thereon to answer said charge.
A finding of guilty shall result in a fine of $25, and failure to
appear at the time and date so designated may result in the issuance
of a warrant by the City Judge.
[Amended 12-28-1992 by L.L. No. 4-1992]
B.
Ownership of a dog may be proven by its dog tag number.
Such identification shall be presumptive evidence of its ownership.
[Amended 9-10-1979; 10-14-1980; 12-28-1992 by L.L. No. 4-1992; 12-13-2010 by L.L. No.
2-2010]
A.
Licensing of dogs required; rabies vaccination required.
(1)
License.
(a)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog which is under the age of four months and which is not at
large, or that is residing in a point of shelter maintained by or
under contract or agreement with the City. Except as otherwise provided
in this subsection, a license shall be issued or renewed for a period
of one year, provided that no license shall be issued for a period
expiring after the last day of the 11th month following the expiration
date of the current rabies certificate for the dog being licensed.
All licenses shall expire on the last day of the last month of the
period for which they are issued.
(b)
Application for a dog license shall be made to the City Clerk.
(c)
The application shall state the sex, actual or approximate age,
breed, color and other identification marks, if any, and the name,
address, telephone number of the residence of the owner.
(d)
The application shall be accompanied by the license fee prescribed
by § 110[1] and a certificate of rabies vaccination. In the case of
a spayed or neutered dog, every application shall also be accompanied
by a certificate signed by a licensed veterinarian showing that the
dog has been spayed or neutered, provided such certificate shall not
be required if the same is already on file with the Clerk. 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. In such case,
the license fee for the dog shall be the same as for a spayed or neutered
dog as set forth in Subdivision 1 of § 110.[2]
(e)
Upon validation by the Clerk, the application shall become a
license for the dog described therein.
(g)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
(2)
The Clerk, at the time of issuing any license pursuant to this article,
shall require the applicant to present a statement certified by a
licensed veterinarian showing that the dog or dogs have been vaccinated
to prevent rabies or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of old age or another reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and shall file such record with a copy
of the license.
(3)
Municipalities may provide for the establishment and issuance of
purebred licenses and, in the event they do so, shall provide for
the assessment of a surcharge of at least $3 for the purposes of carrying
out animal population control efforts.
(4)
No
more than four dogs, who are four months or older, shall be allowed
per household.
[Added 4-18-2022]
C.
Identification of dogs. (§ 111[4])
(1)
Each dog licensed shall be assigned, at the time the dog is first
licensed, a municipal identification number. Such identification number
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 a municipality
may exempt dogs participating in a dog show during such participation.
(2)
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.
[4]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 111.
D.
Change of ownership; lost or stolen dog. (§ 112[5])
(1)
In the event of a change in the ownership of any dog which has been
licensed 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 a written report of such change. Such owner of record shall
be liable for any violation of this section until such filing is made
or until the dog is licensed in the name of the new owner.
(2)
If any dog which has been licensed pursuant to this section is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the City a written report of such
loss or theft. In the case of a loss or theft, the owner of record
of any such dog shall not be liable for any violation of this section
committed after such report is filed.
(3)
In the case of a dog's death, the owner of record shall so notify
the City prior to renewal of licensure or upon the time of such renewal
as set forth by the City.
[5]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 112.
E.
Violations. (§ 118[6])
(1)
It shall be a violation, punishable as provided in Subsection E(2) of this section, for:
(a)
Any owner to fail to license any dog;
(b)
Any owner to fail to have any dog identified as required by
this section.
(c)
Any person to knowingly affix to any dog any false or improper
identification tag, special identification tag for identifying guide,
service or hearing dogs or purebred license tag;
(d)
Any owner or custodian of any dog to fail to confine, restrain
or present such dog for any lawful purpose pursuant to this section.
(e)
Any person to furnish any false or misleading information on
any form required to be filed with any municipality pursuant to the
provisions of this section or rules and regulations promulgated pursuant
thereto;
(f)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog;
(2)
It shall be the duty of the Dog Control Officer or member of the City of Hornell to bring an action against any person who has committed within the City any violation set forth in Subsection E(1) of this section. The City may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either:
(a)
Where prosecuted pursuant to the Penal Law, by a fine of not
less than $25, except that:
[1]
Where the person was found to have violated this section of
this chapter within the preceding five years, the fine may be not
less than $50; and
[2]
Where the person was found to have committed two or more such
violations within the preceding five years, it shall be punishable
by a fine of not less than $100 or imprisonment for not more than
15 days, or both; or
(b)
Where prosecuted as an action to recover a civil penalty, by
a civil penalty of not less than $25, except that:
[1]
When the person was found to have violated this section or this
article within the preceding five years, the civil penalty may be
not less than $50; and
[2]
Where the person was found to have committed two or more such
violations within the preceding five years, the civil penalty may
be not less than $100.
(3)
A defendant charged with a violation of any provision of this section
or any local law or ordinance promulgated pursuant thereto may plead
guilty to the charge in open court.
(a)
He or she may also submit to the magistrate having jurisdiction,
in person, by duly authorized agent, or by registered mail, a statement:
[1]
That he or she waives arraignment in open court and the aid
of counsel;
[2]
That he or she pleads guilty to the offense charged;
[3]
That he or she elects and requests that the charge be disposed
of and the fine or penalty fixed by the court;
[4]
Of any explanation that he or she desires to make concerning
the offense charged; and
[5]
That he or she makes all statements under penalty of perjury.
(b)
Thereupon, the magistrate may proceed as though the defendant
had been convicted upon a plea of guilty in open court; provided,
however, that any imposition of fine or penalty hereunder shall be
deemed tentative until such fine or penalty shall have been paid and
discharged in full.
(c)
If upon receipt of the aforesaid statement the magistrate shall
deny the same, he or she shall thereupon notify the defendant of this
fact, and that he or she is required to appear before said magistrate
at a stated time and place to answer the charge which shall thereafter
be disposed or pursuant to the applicable provisions of law.
(4)
Any person who for the purpose of participating in the animal population
control program shall falsify proof of adoption from a pound, shelter,
duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog or cat protective
association or who shall furnish any licensed veterinarian of this
state with inaccurate information concerning his or her residency
or the ownership of an animal or such person's authority to submit
an animal for a spaying or neutering procedure pursuant to § 117-a
of this article,[8] and any veterinarian who shall furnish false information
concerning animal sterilization fees shall be guilty of a violation
punishable by a fine of not less than $250 where prosecuted pursuant
to the Penal Law, or, where prosecuted as an action to recover a civil
penalty of not more than $250.
[8]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 117-a.
[6]
Editor's Note: See Agriculture and Markets Law, Art. 7, § 118.
[Amended 12-28-1992 by L.L. No. 4-1992]
A.
The Dog Control Officer or any of his duly authorized
assistants and the duly authorized agents of any person or corporation
enforcing 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 six
months which is not at large.
B.
Any Dog Control Officer or such representative shall
seize any dog found at large not wearing a license.
C.
The fact that a dog is without a tag attached to a
collar as provided by law shall be presumptive evidence that the dog
is unlicensed.
[Amended 6-9-1980]
Every dog seized as provided in § 135-10 shall be dealt with pursuant to § 118 of the Agriculture and Markets Law of the State of New York,[1] which provides for the seizure and redemption of dogs
so seized.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7,
was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now
Art. 7, § 117.
A.
An Animal Control Board is hereby established, which
shall consist of the Mayor as the Chairman and two members, one of
whom shall be a member of the Common Council and the other a member
of the Humane Society of the City. The Board shall establish its own
rules of procedure.
B.
The purpose and function of such Board shall be for
the purpose of better coordinating the efforts and facilities of the
City and the Humane Society of the City with regard to control of
dogs. Such Board may make recommendations in an effort to bring about
a better understanding of the matters which relate to dog control.
The Mayor, with the approval of the Common Council,
may enter into such agreement or agreements with the Humane Society
of the City pertaining to dog control and care within the City as
may be deemed advisable. This provision, however, shall not limit
the City in any way in enforcing dog control by its own employees
or appointees.
[Added 6-9-1980]
Pursuant to the provisions of § 119
of the Agriculture and Markets Law of the State of New York,[1] owning or harboring a dog within the City of Hornell,
New York, unless the dog is licensed as required by the provisions
of the Agriculture and Markets Law, shall be an offense punishable
by a fine as further provided in § 119 of the Agriculture
and Markets Law.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7,
was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now
Art. 7, § 118.
[Added 6-9-1980]
A.
The animal enforcement officer or any peace officer
shall seize any dog which is found at large within the City of Hornell
in violation of this article, as well as any dog or dogs otherwise
violating any of the provisions of this article or any dog or dogs
otherwise required to be seized under and by virtue of the Agriculture
and Markets Law of the State of New York, pursuant to § 119
of the Agriculture and Markets Law.[1] Any dog which is not identified shall be seized, whether
on or off the owner's property, excepting dogs under the age of six
months on the owner's property.
[1]
Editor’s Note: Agriculture and Markets Law, Art. 7,
was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now
Art. 7, §§ 117 and 118.
B.
Each dog seized which is not identified, whether or
not licensed, shall be held for a period of five days from the day
seized.
C.
Where a dog is identified, the record owner will be
promptly notified personally or by certified mail, return receipt
requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such dog shall be held for a
period of seven days after the day of notice, during which period
the dog may be redeemed by the owner. If such notification is made
by mail, such dog shall be held for a period of nine days from the
date of mailing, during which period the dog may be redeemed by the
owner.
D.
Whether the dog seized is identified or not identified, the owner may redeem his dog by producing to the person seizing the dog a license for the dog and by paying to the City Clerk the fees provided in Chapter 142, Fees.
[Amended 12-28-1992 by L.L. No. 4-1992]
E.
If not so redeemed, the owner shall forfeit all title
to the dog seized at the end of the appropriate redemption period
and the dog shall be sold or euthanized pursuant to the provisions
of Part 77 of Title 1 of the Official Compilation of Codes, Rules
and Regulations of the State of New York. (Methods of euthanization
approved by the American Veterinary Association shall be used.) In
the case of sale, the purchaser must pay the purchase price to the
City Clerk or the animal enforcement officer.
F.
In addition, no dog shall be sold and delivered by
adoption unless is has first been licensed prior to its release to
the purchaser.
G.
Pursuant to provisions of § 118 of the Agriculture
and Markets Law,[2] no liability in damages or otherwise shall be incurred
on account of seizure, euthanization of adoption of any dog pursuant
to the provisions of this article.
[2]
Editor’s Note: Agriculture and Markets Law, Art. 7,
was amended by L. 2010, c. 59, Part T, effective 1-1-2011; see now
Art. 7, § 117.
[Added 6-9-1980]
A.
The City of Hornell elects to prosecute as an action
to recover a civil penalty for any violations noted in the provisions
of § 119 of the Agriculture and Markets Law of the State
of New York[1] and any violations of any additional restrictions upon
the keeping or running at large of dogs and the seizure thereof as
established by the City of Hornell pursuant to § 124 of
the Agriculture and Markets Law of the State of New York.[2]
B.
The City also authorizes the issuance of an appearance ticket pursuant to the Criminal Procedure Law for any violation referred to in Subsection A of this section. Said appearance ticket may be issued by any animal enforcement officer, dog control officer or peace officer authorized by the City of Hornell to assist in the enforcement of this article for any such violation.
C.
An answer to such appearance ticket may be made, by registered mail or certified mail, return receipt requested, within five days of any violation, following the procedure provided in Subsections C and D of this section. Said answer will be in lieu of a personal appearance at the time and court specified on the return date on said appearance ticket.
D.
If a person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete the
appropriate form authorized by the municipal regulations and forward
such form and appearance ticket to the office specified on such appearance
ticket with a check or money order in the amount of $100; except that
when the person was found to have violated this article within the
preceding five years, said check or money order shall be in the amount
of $150; and except that where the person was found to have committed
two or more such violations within the preceding five years, the amount
of the check or money order shall be in the amount of $250.
E.
If a person charged with the violation denies any
or all parts of the violation as charged in the appearance ticket,
he may complete an appropriate form and appearance ticket together
with security in the amount of $15 specified on such appearance ticket.
Upon receipt, such answer shall be entered and a new return date established
by said office. Such person shall be notified by return mail of such
return date, and the security shall be returned upon appearance thereof.
If such person shall fail to appear at a return date when such is
provided for pursuant to this section, the security posted to secure
the appearance shall be forfeited, and a summons shall be issued in
the City Court of the City of Hornell or a warrant of arrest will
be issued pursuant to the Criminal Procedure Law.
F.
Any person found guilty of any violation of any of
the provisions of this article shall be punished by a fine of not
more than $25; except that when the person was found to have violated
this article within the preceding five years, the penalty may not
be for more than $50; and where the person was found to have committed
two or more such violations within the preceding five years, the penalty
may not be for more than $100.
