[Adopted 12-6-2010 by L.L. No. 1-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Dog Control, adopted 3-3-2008, as amended. Local Law No. 1-2010 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 personal property, domestic animals and deer from dog attack and damage to preserve the public health, safety and welfare by enforcing regulations and restrictions on the activities of dogs.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.
A. 
All words, terms or phrases used herein shall have the meanings indicated below or as defined in the Agriculture and Markets Law. If no specific definition is set forth, all words shall have their usual and customary meaning in the English language. Words used in the present tense include the future, and the plural includes the singular. The word "shall" is intended to be mandatory.
B. 
As used in this article, the following terms shall have the meanings indicated:
CITY
The City of Corning, including incorporated areas.
CLERK
The City Clerk of the City of Corning or his/her agent.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Police Chief to enforce this article.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Clerk that sets forth an identification number, as required by the provisions of this article.
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by a minor 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
A dog is under restraint if it is controlled by a leash, on or within a vehicle being driven or parked on the street, or within the property limit of its owner or keeper, or upon the premises of another with the consent of such other person.
A. 
License application.
(1) 
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 under the age of four months that is not at large or that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective society.
(2) 
Application for a dog license shall be made to the Clerk using a form provided by the Clerk's office and shall be accompanied by the appropriate license fee, as specified below.
(3) 
In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided that such certificate will not be required if the same is already on file with the Clerk.
(4) 
The application shall be accompanied by a statement certified by a licensed veterinarian showing that the dog has been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that, because of age or other reason, the life of the dog 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 file such record with a copy of the license.
B. 
License fees. The fee for a dog license shall be as follows:
(1) 
Unspayed/unneutered dog: $15.50 per year.
(2) 
Spayed/neutered dog: $7.50 per year.
(3) 
Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog, as such terms are defined by the Agriculture and Markets Law.
(4) 
In addition to other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay an additional fee of $5. Such additional fee shall be used to pay the expenses incurred by the City in conducting the enumeration. In the event that the additional fees collected exceed the expenses incurred by the City in conducting an enumeration in any year, such excess fees may be used by the City for any other lawful purpose.
C. 
Upon validation by the Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund shall be made.
D. 
The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.
E. 
A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance. Renewal shall be for a minimum of one year and may not exceed three years, based on the validation term of the rabies vaccination.
F. 
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. The original issued identification tag shall remain the same for the life of the dog.
G. 
No dog shall be adopted out of the City's designated animal shelter without first obtaining a license from the Clerk of the appropriate municipality.
H. 
Purebred licenses. The City shall not issue purebred or kennel licenses. All dogs shall be licensed individually in accordance with the fees stated above.
I. 
Any dog harbored within the City that is owned by a nonresident, and is licensed by another state or its subdivision shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
A. 
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent municipal identification number. Such identification number shall be carried by the dog on an identification tag that shall be affixed to a collar on the dog at all times. A dog participating in a dog show shall be exempt from the identification requirement during such participation.
B. 
The identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
C. 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his expense at a fee of $5.
D. 
No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E. 
The identification tag shall be imprinted with the words "City of Corning" and "State of New York," a unique identification number, and the telephone number of the Clerk's office.
In accordance with the provisions of § 112 of the Agriculture and Markets Law:
A. 
In the event of a change in ownership of any dog that has been assigned an identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Clerk.
B. 
If any dog that has been assigned a municipal identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Clerk.
C. 
In the case of a dog's death, the owner of record shall so notify the Clerk, either prior to renewal of license or upon the time of such renewal.
In accordance with § 117 of the Agriculture and Markets Law:
A. 
The Dog Control Officer may seize:
(1) 
Any dog which is not licensed, whether on or off the owner's premises.
(2) 
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous.
(3) 
Any dog which poses an immediate threat to the public safety.
(4) 
Any dog in violation of § 66-8A through G of this article.
B. 
The Dog Control Officer, when acting pursuant to his or her special duties, shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the municipal identification number of such dog (if any), the location where seized, the reason for the seizure, and the owner's name and address, if known.
C. 
Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.
D. 
Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article, and further provided that the owner pays the following impoundment fees:
(1) 
Not less than $10 for the first impoundment of any dog owned by that person.
(2) 
Not less than $20 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second, within one year of the first, impoundment, of any dog owned by that person.
(3) 
Not less than $30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
(4) 
If, upon redemption, any dog received a rabies vaccination, the charge for such vaccination shall be added to the impoundment fees.
E. 
If, at the end of the appropriate redemption period, said dog has not been redeemed by its owner, the owner shall forfeit all title to the dog and it shall be available for adoption or be released to an authorized humane society or shelter.
F. 
Prior to releasing a dog to its owner or adopting out a dog, the Dog Control Officer shall deliver to the owner a statement of number of days the dog has been in the shelter and the costs for any veterinary care, together with the impoundment fees and any licensing fees, whereupon the Dog Control Officer shall give a receipt to the owner upon payment, at which time such dog may be released to the owner.
It shall be unlawful for any owner of any dog in the City to permit or allow such dog to:
A. 
Run at large, and no dog shall be permitted upon the public streets or upon any public property unless it shall be accompanied by an adult or by a minor who is able to restrain and control said dog and unless such person accompanying said dog shall actually control and restrain said dog by a leash.
B. 
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort of any person other than the owner of such dog.
C. 
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner of such property.
D. 
Chase, jump upon or at, or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
E. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway, or place, or upon private property without the consent or approval of the owner of such property.
F. 
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property. It shall be the duty of the dog owner, or such person in charge of the dog, to remove any waste left by the dog on any sidewalk, street or other public property of the City of Corning or on private property of another person. This section shall not apply to guide dogs.
G. 
If a female dog, when in heat, be off the owner's premises.
A. 
Any person who shall violate any provision of this article shall be issued a civil penalty and applicable fine by the Dog Control Officer requiring payment to the City Finance Office within seven days of the receipt in accordance with the below schedule:
(1) 
A fine not less than $25 for the first violation.
(2) 
A fine not less than $50 for the second violation within 12 months.
(3) 
A fine not less than $75 for the third violation within 12 months.
B. 
In the event a person so charged fails to pay said fine 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 the Corning City Court to answer such violation.
(1) 
The person so charged may enter a plea as set forth in Agriculture and Markets Law § 119, Subdivision 3.
(2) 
The City Court may, at its discretion, impose such fines as are allowed by Agriculture and Markets Law § 119, Subdivision 2 (a).
C. 
Civil penalties shall be paid directly to the Finance Office, and any and all fines imposed by City Court shall be collected by City Court and thereafter remitted to the City Finance Office.